About The Case

Brian Madden and others brought suit against the Missouri Sheriffs Retirement System for collection of $3 surcharge fees on court filings used to fund elected Missouri Sheriffs retirement.    We alleged that the $3 surcharge was unconstitutional under the Missouri Constitution’s open courts provisions.   The Missouri Supreme Court agreed with us and found the surcharge unconstitutional.   The Court further found that funding the retirement of Sheriffs in the executive branch through fees imposed in the judicial branch violated Missouri’s separation of powers constitutional provisions.  Fowler v. Missouri Sheriffs Retirement System, 623 S.W.3d 578 (Mo. 2021).   After the Missouri Supreme Court ruled, our clients settled with the Missouri Sheriffs Retirement Fund for $18 million to reimburse those who had paid the illegal surcharge.