Monday, March 9, 2015

Missouri Court Assigns a State Judge to Handle Ferguson Cases - NYTimes.com

By ELI YOKLEY and JOHN ELIGON

FERGUSON, Mo. — The Missouri Supreme Court, citing the need for “extraordinary action” to restore trust in Ferguson’s court system after the Department of Justice blasted it for routinely violating constitutional rights, assigned a state appeals court judge on Monday to oversee all municipal cases.

The court’s unusual move came as the current municipal judge, Ronald J. Brockmeyer, who was repeatedly cited in the Justice Department report for abusive practices, announced his resignation after holding the position for more than a decade.

Brendan Roediger, a law professor at St. Louis University who runs the university’s civil litigation legal clinic, said this was the first time to his knowledge that a state Circuit Court had taken over an entire Municipal Court docket.

“It’s a very big deal because it actually is the solution,” he said. “It puts the cases in front of full-time professional courts with no conflicts of interest.”

Mr. Brockmeyer, 70, will keep his other Municipal Court positions in St. Louis County, as a judge in Breckenridge Hills and a prosecutor in Vinita Park, Dellwood and Florissant.

Last week, the Department of Justice issued a scathing report that accused Ferguson officials of using the city’s police and court system to generate revenue, rather than to protect public safety and mete out justice.

Mr. Brockmeyer was among the officials who received particular scrutiny for practices like fixing traffic tickets for colleagues and himself, punishing defendants who challenged him, and instituting new fees, many of which were “widely considered abusive and may be unlawful,” according to the Justice Department.

“The Municipal Court does not act as a neutral arbiter of the law or a check on unlawful police conduct,” the Justice Department report said. “Instead, the court primarily uses its judicial authority as the means to compel the payment of fines and fees that advance the city’s financial interests.”

Judge Roy L. Richter of the Missouri Court of Appeals will take over Ferguson’s cases, according to a news release from the Missouri Supreme Court, which said it had the authority to take such action under Article 5 of the State Constitution.

In addition to adjudicating cases, Judge Richter also will be expected to carry out “needed reforms to court policies and procedures in Ferguson to ensure that the rights of defendants are respected and to help restore the integrity of the system,” the release said.

“Judge Richter will bring a fresh, disinterested perspective to this court’s practices, and he is able and willing to implement needed reforms,” Chief Justice Mary R. Russell said in a statement. “Extraordinary action is warranted in Ferguson, but the court also is examining reforms that are needed on a statewide basis.”

Gov. Jay Nixon of Missouri praised the move, saying in a statement, “Today’s strong and appropriate actions by the Missouri Supreme Court are a solid step forward.”

Mr. Brockmeyer’s replacement came as Ferguson officials grappled with whether they could legally remove him from his post. (The St. Louis Post Dispatch’s editorial board on Friday called for him to step down.)

The judge, who was recommended by the city manager and approved by the City Council in 2003, certainly had his skeptics within City Hall. In 2012, a Council member wrote to other city officials opposing the …

Read the entire article by clicking on the following: http://www.nytimes.com/2015/03/10/us/state-judge-to-take-charge-of-city-cases-in-ferguson.html?emc=edit_na_20150309&nlid=53444314&_r=0

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