Missouri Supreme Court
From Judgepedia
The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820, and is located in Jefferson City, Missouri.
Missouri voters have approved changes in the state's constitution to give the Supreme Court exclusive jurisdiction - the sole legal power - to hear five types of cases on appeal. Pursuant to Article V, Section 3 of the Missouri Constitution, these cases involve:
- The validity of a United States statute or treaty.
- The validity of a Missouri statute or constitutional provision.
- The state's revenue laws.
- Challenges to a statewide elected official's right to hold office.
- Imposition of the death penalty.
Unless their case involves one of those five issues, people who want a trial court's decision reviewed must appeal to the Missouri Court of Appeals. Most of these cases involve routine legal questions and end there. The Court of Appeals is divided geographically into the Eastern District, Western District and Southern District.
Certain cases, however, can be transferred to the Supreme Court - at the Court's discretion - if it determines that a question of general interest or importance is involved, that the laws should be re-examined, or that the lower court's decision conflicts with an earlier appellate decision. This is similar to the process the United States Supreme Court uses in accepting cases.
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Method of choosing judges
Judges of the court are selected by an appointed commission, the Missouri Appellate Judicial Commission, in a controversial system known as the Missouri Plan. Under the plan, the Missouri Appellate Judicial Commission submits the names of three applicants to the Governor. If the Governor fails to make a nomination, the Commission shall make the appointment. Once the judge has served for at least a year, he or she will be placed on the general election ballot for a retention vote of the people. If retained, judges serve a term of 12 years.
To date, no appellate judge in Missouri has ever lost a retention election.[1]
History
The famous case of Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1856) came to the United States Supreme Court after a decision made by the Supreme Court of Missouri.
Current judges
With the appointment of Patricia Breckenridge in September 2007, there is now a full allocation of seven judges on the court. The judges rotate the two-year term of Chief Justice among themselves based on seniority.[1] The Chief Justice is Constitutionally empowered to preside over the court and to be the "chief administrative officer" of the state judicial system.[1]
| Judge | Date appointed | Appointed by |
|---|---|---|
| William Ray Price Jr | 1992 | John Ashcroft |
| Stephen Limbaugh Jr | 1992 | John Ashcroft |
| Michael Wolff | 1998 | Mel Carnahan |
| Laura Denvir Stith | 2001 | Bob Holden |
| Richard Teitelman | 2002 | Bob Holden |
| Mary Rhodes Russell | 2004 | Bob Holden |
| Patricia Breckenridge | 2007 | Matt Blunt |
Governor Matt Blunt has an appointment to make to the state Supreme Court. A vacancy on the Court opened up in July when Stephen Limbaugh Jr became a U.S. District court judge. Blunt has created a questionnaire (which can be accessed here) after last year's appointment of Patricia Breckenridge during which Blunt accused the nominating commission of withholding information.[1]
Limbaugh Vacancy (8/08)
The Appellate Judicial Commission announced that it submitted the names of judges Ronald Holliger, Lisa White Hardwick and Zel Fischer to Gov. Matt Blunt as nominees to the state’s high court. Hollinger and Hardwick are judges on the Missouri Court of Appeals Western District; Fischer is an associate circuit judge in Atchison County.[1]
Clerk of the Supreme Court
The clerk of the Supreme Court is responsible for a wide range of duties, including the supervision of the internal administrative function of the Court itself as well as the planning and administrative direction of the Missouri Judicial Conference, the organization of all the state's judges. The current clerk is Thomas Simon.
Removal from office
Missouri judges may be removed in one of two ways:
- On the recommendation of the Missouri Commission on Retirement, Removal and Discipline the supreme court may suspend, discipline, reprimand, retire, or remove a judge.[1]
- Judges may be impeached by the house of representatives. Impeachments are tried by the supreme court or by a special commission in the case of impeachments of the governor or a supreme court justice. Convictions require the concurrence of five sevenths of the court or commission."[1]
External links
- Missouri Supreme Court Official Site
- Chief justice proposes more openness in judge selections
- Show Me Better Judges
References
Portions of this article have been taken from Wikipedia, the free encyclopedia. Copyright Notice can be found here.
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