03/14/2024
In St Louis City(22nd Judicial Circuit) is the ONLY Circuit in the entire state to make Private Process Servers to pay a fee to the Sheriff of St Louis City so process servers can serve papers in the city.
This started in 1992 by then Sheriff James Murphy as a way to control concealed weapons even though RSMo 506.140 authorized “anyone who issues or serve process not without standing.” Approved by the Court En Banc.
There are several reasons why this local court rule needs drastic change.
It’s a conflict of interest for process servers to pay the Sheriff a fee to serve process.
Basically there are no concealed weapons law in Missouri now.
When the current Sheriff is asked where are the fees being used, his reply is that they are being spent for training and equipment for his deputies. Since when are private process servers supposed to subsidize the Sheriff’s department?
I have stated openly it was a conflict of interest. Also the issuance of licenses to private process servers is not in his purview according to State Statutes. Currently there is a checking account with over $28,000 from the fees collected. One major problem. In going back over the minutes of the Court En Banc has NEVER authorized fees that Sheriff’s Office is charging Private Process Servers.
So for 32 years the Sheriffs have been collecting fees they were never authorized to do. It has become a slush fund for the Sheriff. There has been no outside persons to keep track of how the monies were spent.
I have refused to pay said fees to my competitor so I can serve papers in the city. One process server calls the fees “ransom”.
I have stuck my neck out on the chopping block because of the reasons previously stated.
Because I have, some attorneys feel like I’ve upset the apple cart and demand I don’t serve their papers Even papers that are issued from other Judicial Circuits.
I’m doing something that should of been done 32 years ago and I’m being punished for bringing this whole matter to light. Where is the fairness in me being punished? Was I right or wrong for bringing the facts to light?
I would appreciate your thoughts and comments.
St. Louis judges and a special court committee are demanding answers from the city’s sheriff about a long-collected fee, to the point that Missouri’s Attorney General may get involved.