12. Close Cases that Remain on the Court's Docket Solely Because of Failure to Appear Charges or Bond Forfeitures
In September 2014, the City of Ferguson repealed Ferguson Mun. Code § 13–58, which allowed the imposition of an additional "Failure to Appear" charge, fines, and fees in response to missed appearances and payments. Nonetheless, many cases remain pending on the court's docket solely on account of charges, fines, and fees issued pursuant to this statute or because of questionable bond forfeiture practices. The City and municipal court should:
- Close all municipal cases in which the individual has paid fines equal or greater to the amount of the fine assessed for the original municipal code violation—through Failure to Appear fines and fees or forfeited bond payments—and clear all associated warrants;
- Remove all Failure to Appear related charges, fines, and fees from current cases, and close all cases in which only a Failure to Appear charge, fine, or fee remains pending;
- Immediately provide compliance letters so that license suspensions are lifted for all individuals whose cases are closed pursuant to these reforms.
13. Collaborate with Other Municipalities and the State of Missouri to Implement Reforms
These recommendations should be closely evaluated and, as appropriate, implemented by other municipalities. We also recommend that the City and other municipalities work collaboratively with the state of Missouri on issues requiring statewide action, and further recommend:
- Reform of Mo. Rev. Stat. § 302.341.1, which requires the suspension of individuals' driving licenses in certain cases where they do not appear or timely pay traffic charges involving moving violations;
- Increased oversight of municipal courts in St. Louis County and throughout the state of Missouri to ensure that courts operate in a manner consistent with due process, equal protection, and other requirements of the Constitution and other laws.
VI. CONCLUSION
Our investigation indicates that Ferguson as a City has the capacity to reform its approach to law enforcement. A small municipal department may offer greater potential for officers to form partnerships and have frequent, positive interactions with Ferguson residents, repairing and maintaining police-community relationships. See, e.g., Jim Burack, Putting the "Local" Back in Local Law Enforcement, in, American Policing in 2022: Essays on the Future of the Profession 79–83 (Debra R. Cohen McCullough & Deborah L. Spence, eds., 2012). These reform efforts will be well worth the considerable time and dedication they will require, as they have the potential to make Ferguson safer and more united.
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