Missouri Supreme Court reassigns all Ferguson municipal cases to state appeals court judge

The Missouri Supreme Court, citing the need for “extraordinary action” to restore trust in Ferguson’s court system after the Justice Department blasted it for routinely violating constitutional rights, on Monday assigned a state appeals court judge 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 here for more than a decade.

Brockmeyer will remain municipal judge in the nearby town of Breckenridge Hills, his law office said.

Last week, the Justice Department 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.

Brockmeyer was among the officials who received particular scrutiny for things 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,” the report said.

“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 V of the State Constitution.

Besides adjudicating cases, 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.”

Brockmeyer’s replacement came as Ferguson officials grappled with whether they could legally remove him from his post. 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 reappointment of Brockmeyer, arguing that he “does not listen to the testimony, does not review the reports or the criminal history of defendants, and doesn’t let all the pertinent witnesses testify before rendering a verdict.”

In response to that letter, the city manager, John Shaw, acknowledged the judge’s shortcomings. But, according to the report, Shaw said, “the City cannot afford to lose any efficiency in our Courts, nor experience any decrease in our Fines and Forfeitures.”

Word of a turnover in the court quickly trickled through City Hall in Ferguson, where about a dozen residents had been sitting in frustration as the City Council met behind closed doors to discuss issues related to the Justice Department report.

But their anger turned to mild cheers when word spread through the room that Brockmeyer had been replaced.

Michael Moffitt, a 35-year-old resident of the area, cheered and gave those around him high-fives when he heard the news.

“It shows they might stop pulling people over just to meet a quota,” Moffitt said.

Marsha McGee, who lives in nearby Florissant, criticized Brockmeyer as giving favorable treatment to people he knew, according to the Justice report.

A new judge, McGee said, “might bring some fairness.”\

This story was originally published March 9, 2015 at 6:21 PM with the headline "Missouri Supreme Court reassigns all Ferguson municipal cases to state appeals court judge."