MO Judicial Branch

Missouri  Courts

Summary

The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820 and is located at 207 West High Street 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 – over 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.

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News

Missouri Supreme Court mulls challenge to laws that blocked abortion bill vote
Missouri Independent, Rudi KellerSeptember 29, 2021

Making people who want to force a statewide vote on newly passed laws wait while the Secretary of State writes a ballot title undermines the constitutional right of referendum, attorneys for an abortion-rights group argued Wednesday to the Missouri Supreme Court.

A ballot title was “not necessary for most of Missouri history,” Jessie Steffan, attorney for No Bans on Choice, said as she asked the court to toss out two laws that effectively blocked a referendum in 2019 on a new state abortion law.

Defending the two laws, representatives of Attorney General Eric Schmitt’s office told the court that having a pre-circulation review of a petition, when the ballot title is written, means voters are better able to understand what they are signing.

Lawmakers can make laws regulating the right of referendum, assistant attorney general Jason Lewis argued. A petition drive in 2017 succeeded in putting a right-to-work law on the ballot, proving the laws do not undermine those rights, Lewis said.

To be successful, a referendum petition must have 5 percent of the signatures of the voters in six of the state’s eight congressional districts. The petitions must be submitted within 90 days of the adjournment of the legislative session that passed the new law.

Wikipedia

Missouri State Supreme Court building across from the state capitol in Jefferson City

The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820 and is located at 207 West High Street 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 – over 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. In addition, the Court of Appeals may transfer a case to the Supreme Court after an opinion is issued, either upon application of one of the parties or at the request of one of the judges on the appellate panel.

Additionally the Supreme Court hears all impeachments of elective officers - except for governor or a member of the supreme court, for them a special commission is provided.[1]

In addition to issuing legal decisions, the Supreme Court supervises the lower state courts with the assistance of the Office of State Courts Administrator ("OSCA").[2] OSCA oversees court programs, provides technical assistance, manages the budget of the state's judicial branch, and conducts educational programs. The Supreme Court also issues practice and procedure rules for Missouri court cases, including procedure and evidence rules. The Supreme Court licenses attorneys practicing in Missouri, and disciplines lawyers and judges for violating ethical rules.[3]

Judicial selection

Judges of the court are selected through the Missouri Nonpartisan Court Plan, nationally known as the Missouri Plan.[4]

Under the plan, the Appellate Judicial Commission submits the names of three nominees to the governor. If the governor fails to make an appointment with 60 days of the nominees being named, the Commission shall make the appointment. Judges serving for at least a year are placed on the general election ballot for a retention vote of the people. If retained, judges serve a term of 12 years.

At the time of its establishment, the court had three judges, which was expanded to five in 1872, and seven in 1890.[5]

Notable cases

The following is a list of notable cases decided by the Supreme Court of Missouri or which came to the Supreme Court of the United States from the Supreme Court of Missouri. Since 1973, the Supreme Court of Missouri has heard all cases en banc (before all seven judges). Before that many cases were heard by panels of three judges. Cases heard en banc are cited as "Mo. banc"; older cases heard by a panel are cited as "Mo."

Current judges

Ginger Gooch is the latest appointee to the Court, having been appointed by Missouri Governor Mike Parson in October 2023.[6] The judges rotate the two-year term of Chief Justice among themselves. The Chief Justice is Constitutionally empowered to preside over the court and to be the "chief administrative officer" of the state judicial system.[7] The current Chief Justice is Mary Rhodes Russell, whose term began July 1, 2023 and will serve until June 30, 2025.[8]

As of November 1, 2023, the makeup of the court is:

JudgeBornJoinedChief JusticeTerm ends[a]Mandatory retirement[b]Appointed byLaw school
Mary Rhodes Russell, Chief Justice (1958-07-28) July 28, 1958 (age 66)September 20, 20042013–2015, 2023–present20302028Bob Holden (D)Missouri
Zel Fischer (1963-04-28) April 28, 1963 (age 61)October 15, 20082017–201920342033Matt Blunt (R)UMKC
Paul C. Wilson (1961-05-23) May 23, 1961 (age 63)December 3, 20122021–202320262031Jay Nixon (D)Missouri
W. Brent Powell (1970-07-21) July 21, 1970 (age 54)April 25, 201720302040Eric Greitens (R)Missouri
Robin Ransom (1967-07-21) July 21, 1967 (age 57)May 24, 202120342037Mike Parson (R)Missouri
Kelly C. Broniec1971 (age 52–53)September 25, 202320362041Mike Parson (R)Missouri
Ginger Gooch1975 (age 48–49)November 1, 202320362045Mike Parson (R)Missouri
  1. ^ Term ends Dec. 31 of the year listed.
  2. ^ Justices must retire by their 70th birthday.

Clerk of the Supreme Court of Missouri

The Clerk of the Supreme Court of Missouri 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. As of January 1, 2017, the clerk is Betsy AuBuchon, the first woman to serve in that position.[9]

References

  1. ^ mo.gov: [https://revisor.mo.gov/main/OneSection.aspx?section=106.030&bid=5718&hl= Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS - Chapter 106 Removal and Impeachment of Public Officers, 106.030   Power of impeachment — trial.], accessed 2024-07-20
  2. ^ "Office of State Courts Administrator". www.courts.mo.gov. Retrieved 2018-01-16.
  3. ^ "Supreme Court of Missouri". www.courts.mo.gov. Retrieved 2018-01-16.
  4. ^ "Nonpartisan Court Plan". www.courts.mo.gov. Retrieved 2020-09-22.
  5. ^ Davis, Elizabeth (April 30, 2019). "Historically Yours: Missouri Supreme Court changed how judges appointed". Jefferson City News-Tribune.
  6. ^ "Governor Parson Appoints the Honorable Ginger Gooch as Next Missouri Supreme Court Judge | Governor Michael L. Parson". governor.mo.gov. Retrieved 2023-12-07.
  7. ^ Missouri Constitution, Article V, Sec. 8. As amended August 3, 1976. Accessed October 27, 2007.
  8. ^ "Chief Justice Mary R. Russell". www.courts.mo.gov. July 1, 2023. Retrieved July 21, 2023.
  9. ^ "First woman begins serving as Supreme Court of Missouri clerk". www.courts.mo.gov. Retrieved 2020-09-22.

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