Gavin Howe
In the state of Missouri, every supreme, appellate, circuit, and associate circuit court judge must be licensed to practice law. To become an associate circuit judge, one of the requirements is that the person must be licensed to practice law in Missouri. However, it is unclear whether judges can practice law outside of their judgeship.
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What You'll Learn
Qualifications for judgeship
Missouri judges are chosen through a process called 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 then appoints a judge from the list. The Missouri Nonpartisan Court Plan dictates that a nonpartisan judicial commission reviews applications, interviews candidates, and selects a judicial panel. This commission is composed of three lawyers elected by the lawyers of The Missouri Bar, three citizens selected by the governor, and the chief justice, who serves as chair.
The qualifications for judgeship in Missouri vary depending on the court level and the specific requirements outlined in the Missouri Constitution. For example, according to Article V, Section 21, circuit judges must have been citizens of the United States for at least ten years, qualified voters of the state for three years before their selection, at least thirty years old, and residents of the circuit for at least one year. They must also be licensed to practice law in the state. On the other hand, associate circuit judges must be at least 25 years old, licensed to practice law in Missouri, qualified to vote in the state, and residents of the county in which they serve.
Municipal division judges are selected according to municipal ordinance. In most cases, municipal judges must be lawyers. However, in cities with fewer than 7,500 people outside of first-class counties, non-lawyer judges are permitted, but they must complete a course of instruction prescribed by the Supreme Court of Missouri.
Once appointed, judges in Missouri typically serve a short initial term before running in yes-no retention elections if they wish to serve full terms. These retention elections allow voters to decide whether an incumbent judge should remain in office for another term based on their judicial record. Newly appointed judges must stand for retention in the next general election after serving for at least one year. If retained, they typically serve twelve-year terms.
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Missouri's Nonpartisan Court Plan
Under the Missouri Nonpartisan Court Plan, a nonpartisan judicial commission reviews applications, interviews candidates, and selects a panel of three qualified candidates for the governor's consideration. This commission is composed of lawyers elected by the Missouri Bar, citizens selected by the governor, and the chief justice, who serves as chair. Each geographic district must be represented by one lawyer and one citizen member.
Once the commission submits the panel of candidates to the governor, the governor typically interviews and reviews their backgrounds before making the final selection. If the governor does not appoint one of the three candidates within 60 days, the commission selects one of them to fill the vacancy. Appointed judges initially serve a short term before running in retention elections if they wish to serve a full term.
The Nonpartisan Court Plan also empowers voters to have a say in the retention of judges. After serving at least one year in office, a judge must stand for a retention election at the next general election. The judge's name appears on a separate judicial ballot without political party designation, and voters decide based on their judicial record. A majority of votes are required for the judge to be retained for a full term.
The Missouri Plan has been praised for its transparency and accountability, attracting high-quality judges and giving the people of Missouri the final say. It has been in place for over 75 years, and other states have adopted similar models for judicial selection.
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Missouri Plan for judicial selection
The Missouri Plan, also known as the Non-Partisan Court Plan, is a system for selecting judges in Missouri that was adopted in 1940. It is a merit-based selection method that aims to keep politics and money out of the courtroom and ensure fair and impartial courts. The plan was implemented in response to the perceived corruption and influence of political bosses on judicial elections.
Under the Missouri Plan, a nonpartisan judicial commission reviews applications, interviews candidates, and selects a panel of three qualified candidates to fill an open judgeship. This commission is composed of three lawyers elected by the members of the Missouri Bar (an organisation of all lawyers licensed in the state), three citizens selected by the governor, and the chief justice, who serves as chair. Each geographic district of the Court of Appeals must be represented by one lawyer and one citizen member on the Appellate Judicial Commission. The governor then appoints one of the three candidates to the position.
After their first 12 months on the bench and at the end of each term, each judge must stand before the voters in a retention election. Voters decide whether to retain the judge based on their judicial record, and a judge must receive a majority of votes to be retained. If a judge does not receive a majority of votes, the judicial commission will nominate three candidates to fill the vacancy, and the governor will appoint one.
The Missouri Plan has been criticised for giving too much control over judicial selection to elite trial lawyers and disenfranchising people, especially African Americans. However, it has also been praised for producing a steady stream of competent judges and upholding the public's faith in fair and impartial judges. The plan has served as a model for other states, with 34 other states using merit selection to fill some or all judicial vacancies.
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Municipal court judge selection
Missouri has a hybrid system for selecting judges, known as the Missouri Plan or Missouri Non-Partisan Court Plan. The selection of state judges in Missouri occurs largely through merit selection, specifically the assisted appointment method. The Missouri Nonpartisan Court Plan outlines that a nonpartisan judicial commission reviews applications, interviews candidates, and selects a judicial panel. The selection process for municipal court judges is determined by the municipal ordinance.
Under the Missouri Nonpartisan Court Plan, the Missouri Appellate Judicial Commission compiles a list of potential candidates to fill a vacancy. The commission then narrows the list down to three choices, and the governor appoints one of these three candidates to fill the vacancy. The governor typically interviews the three candidates and reviews their backgrounds before making their selection. If the governor does not appoint one of the three panelists within 60 days of submission, the commission selects one of the three panelists to fill the vacancy.
The Missouri Non-Partisan Court Plan governs the selection and retention of judges in the Supreme Court of Missouri, the Missouri Court of Appeals, and six circuit courts. The Supreme Court of Missouri is made up of seven justices, while the Court of Appeals has 32 judges divided into three geographic districts. The Non-Partisan Court Plan also applies to the circuit courts in Clay, Jackson, Platte, and Greene Counties, as well as the county and city of St. Louis.
Once a judge has served in office for at least one year, they must stand for a retention election at the next general election. A similar retention election occurs at the end of each term of office. If a judge does not receive a majority of votes, their judicial office becomes vacant at the end of their term. The judicial commission then nominates three candidates for the position, and the governor appoints one of them to fill the vacancy.
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Circuit court judge selection
The selection of circuit court judges in Missouri is governed by the Missouri Constitution and can vary depending on the county and type of court. The qualifications for circuit judges are outlined in Article V, Section 21 of the Missouri Constitution, which states that a circuit judge must be at least 30 years old, licensed to practice law in Missouri, a United States citizen for at least 10 years, a qualified voter in the state for three years preceding selection, and a resident of the circuit.
In most counties, circuit judges are elected by popular vote to six-year terms. However, in certain metropolitan counties, such as Clay, Greene, Jackson, Platte, and St. Louis counties, and the city of St. Louis, circuit judges are selected through a merit-based nonpartisan court plan. Under this plan, a judicial commission reviews applications, interviews candidates, and selects a panel of three qualified candidates to submit to the Missouri governor. The governor then has the responsibility to interview and select one candidate for the vacancy. If the governor does not make a selection within 60 days, the commission chooses one of the three panelists to fill the position.
Additionally, midterm vacancies in circuit courts that typically use partisan elections are filled through gubernatorial appointment. The appointed judge will serve until the next general election, at which point they must stand for retention. Municipal court judges, on the other hand, are selected according to the method determined by the municipal ordinance. These judges must be lawyers, except in cities with fewer than 7,500 people in non-first-class counties, where non-lawyer judges must complete a course prescribed by the Supreme Court of Missouri.
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Frequently asked questions
Yes, every supreme, appellate, circuit, and associate circuit court judge must be licensed to practice law in the state of Missouri.
Associate circuit judges must be qualified voters in the state, at least 25 years old, licensed to practice law in Missouri, and residents of the county in which they serve.
While there is no explicit information on Missouri judges practicing law outside of their judgeship, the requirement to be licensed to practice law suggests that judges can practice law outside of their role as a judge.
Associate circuit judges handle all criminal misdemeanors, infractions, and civil cases. They also conduct preliminary hearings in felony criminal cases to determine probable cause.
