Judicial selection in Missouri
| Judicial selection in Missouri | |
 | |
| Missouri Supreme Court | |
| Method: | Assisted appointment |
| Term: | 12 years |
| Missouri Court of Appeals | |
| Method: | Assisted appointment |
| Term: | 12 years |
| Missouri Circuit Courts | |
| Method: | Assisted appointment or Partisan election |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Missouri, including:
- Missouri Supreme Court,
- Missouri Court of Appeals,
- Missouri Circuit Courts, and
- Limited jurisdiction courts
As of April 2023, the selection of state judges in Missouri occurred largely through merit selection, specifically the assisted appointment method in which the governor selects a nominee from a list provided by a nominating commission. Appointed judges serve a short initial term and later run in yes-no retention elections if they wish to serve full terms.[1]
Click here to notify us of changes to judicial selection methods in this state.
Missouri Supreme Court
- See also: Missouri Supreme Court
The seven justices of the Missouri Supreme Court are chosen through assisted appointment in which the governor selects a nominee from a list provided by a nominating commission. When a vacancy occurs, a list of potential candidates is compiled by the Missouri Appellate Judicial Commission and narrowed to three choices. From those three candidates, the governor appoints a new judge. After the newly appointed judge serves for at least one year, they must stand for retention in the next general election. If retained, they serve twelve-year terms.[2]
Qualifications
To serve on the supreme court, a judge must be:
- a U.S. citizen for at least 15 years;
- a qualified state voter for at least nine years;
- licensed to practice law in the state;
- over the age of 30; and
- under the age of 70 (retirement at 70 is mandatory).[2]
Chief justice
The chief justice of the supreme court serves a two-year term and is elected by a peer vote.[2]
Vacancies
When a vacancy occurs, a list of potential candidates is compiled by the Missouri Appellate Judicial Commission and narrowed to three choices. From those three candidates, the governor appoints a new judge. After the newly appointed judge serves for at least one year, they must stand for retention in the next general election. If retained, they serve twelve-year terms.[2]
The map below highlights how vacancies are filled in state supreme courts across the country.
Missouri Court of Appeals
- See also: Missouri Court of Appeals
The judges of the Missouri Court of Appeals are chosen through assisted appointment in which the governor selects a nominee from a list provided by a nominating commission. When a vacancy occurs, a list of potential candidates is compiled by the Missouri Appellate Judicial Commission and narrowed to three choices. From those three candidates, the governor appoints a new judge. After the newly appointed judge serves for at least one year, they must stand for retention in the next general election. If retained, they serve twelve-year terms.[2]
Qualifications
To serve on the appeals court, a judge must be:
- a U.S. citizen for at least 15 years;
- a district resident;
- a qualified state voter for at least nine years;
- licensed to practice law in the state;
- over the age of 30; and
- under the age of 70 (retirement at 70 is mandatory).[2]
Chief judge
The chief judge of each appeals court district serves a one-year term and is elected by a peer vote.[2]
Vacancies
When a vacancy occurs, a list of potential candidates is compiled by the Missouri Appellate Judicial Commission and narrowed to three choices. From those three candidates, the governor appoints a new judge. After the newly appointed judge serves for at least one year, they must stand for retention in the next general election. If retained, they serve twelve-year terms.[2]
Missouri Circuit Courts
- See also: Missouri Circuit Courts
The judges of most Missouri Circuit Courts are elected to six-year terms in partisan elections and must run for re-election at the end of their term. Some counties like Clay, Greene, Jackson, Platte, and St. Louis, and the city of St. Louis have opted instead to employ the same assisted appointment process that the appellate courts use.[3] Under the Missouri Constitution, circuit courts may adopt the assisted appointment selection process if a majority of local voters approve. To place the question on the general election ballot, residents may file a petition signed by 10% of county voters who voted in the last gubernatorial election. In counties where the assisted appointment method has been adopted, it may be discontinued using the same process.[2]
Presiding judge
The Presiding judge of each court is elected by all the circuit and associate judges in that circuit.[2]
Qualifications
To serve on this court, a judge must be:
- a U.S. citizen for at least 10 years;
- a qualified state voter for at least three years;
- a resident of the circuit for at least one year;
- licensed to practice law in the state; and
- at least 30 years old.[2]
Vacancies
In the event of midterm vacancies, circuit courts that normally use partisan elections replace their judges through gubernatorial appointment. The judge will serve until the next general election. If a vacancy occurs in a circuit court that uses the assisted appointment method, the governor appoints a nominee from a list provided by a nominating commission. After the newly appointed judge serves for at least one year, they must stand for retention in the next general election.[2]
Limited jurisdiction courts
Missouri has one type of limited jurisdiction court: Missouri Municipal Courts.
Missouri Municipal Courts
Municipal court judges are selected in the method determined by the municipal ordinance.[4]
History
Below is a timeline noting changes to judicial selection methods in Missouri.
- 2008: Greene County adopted the Missouri Plan for the selection of circuit judges.
- 1976: The judicial nominating commission was directed by a constitutional amendment to fill vacancies if the governor does not select a nominee within 60 days.
- 1973: The counties of Clay and Platte adopted the Missouri Plan for the selection of circuit judges.
- 1970: St. Louis County adopted the Missouri Plan for the selection of circuit court judges.
- 1945: The Missouri Plan was included in the new state constitution.
- 1942: After the Missouri Plan was approved in 1940, legislators voted to repeal it by a one-vote margin. However, the matter was put to a popular vote in 1942, and voters rejected the repeal 65% to 35%.
- 1940: The Missouri Plan (known formally as the Nonpartisan Selection of Judges Court Plan) was approved by voters 55% to 45%, having been placed on the ballot by petition.
- 1909: The Springfield Court of Appeals was created by constitutional amendment and established that judges were to be elected by popular vote to twelve-year terms.
- 1884: The Kansas City Court of Appeals was created by constitutional amendment and established that judges were to be elected by popular vote to twelve-year terms.
- 1875: The St. Louis Court of Appeals was created by constitutional amendment and established that judges were to be elected by popular vote to twelve-year terms.
- 1872: The tenure of supreme court judges was extended to twelve years.
- 1849: Established that supreme and circuit court judges were to be elected by popular vote to six-year terms.
- 1820: Established that all judges were to be appointed by the governor with Senate consent and serve for life.[1]
Courts in Missouri
In Missouri, there are two federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Missouri's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[5]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[6] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
- Your Missouri Courts – The Judicial Branch of State Government
- Missouri Secretary of State, "Elections & Voting"
Footnotes
- ↑ 1.0 1.1 American Judicature Society, "Judicial Selection in the States: Missouri," accessed September 7, 2021
- ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 National Center for State Courts, "Methods of Judicial Selection," accessed September 7, 2021
- ↑ Missouri Courts, "Circuit Court Judges and Commissioners," accessed April 7, 2023
- ↑ Missouri Courts, "Circuit Court Judges and Commissioners," accessed September 7, 2021
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: Eastern District of Missouri, Western District of Missouri • U.S. Bankruptcy Court: Eastern District of Missouri, Western District of Missouri
State courts:
Missouri Supreme Court • Missouri Court of Appeals • Missouri Circuit Courts • Missouri Municipal Courts
State resources:
Courts in Missouri • Missouri judicial elections • Judicial selection in Missouri
