Cecily Zamora
The Missouri state court system is divided into three levels, each with its own jurisdiction and authority. The Missouri Supreme Court, the highest court in the state, has the discretion to review appeals of cases that involve questions of general interest or importance. The Court holds exclusive jurisdiction over appeals in certain types of cases, such as those involving the death penalty or challenges to the validity of state laws. The Missouri Court of Appeals acts as the intermediate appellate court, and its decisions are final in most cases. The lowest level of the state court system consists of the Missouri Circuit Courts and the Missouri Municipal Courts. The level of authority of a particular case decision depends on the type of court that issued it, the jurisdiction, and the nature of the case.
| Characteristics | Values |
|---|---|
| Number of levels in the Missouri state court system | 3 |
| Highest court in Missouri | Missouri Supreme Court |
| Number of judges in the Missouri Supreme Court | 7 |
| Jurisdiction of the Missouri Supreme Court | Exclusive jurisdiction over appeals in certain types of cases, such as those involving the death penalty, election outcome challenges, and validity of state or federal laws or provisions of the state constitution |
| Qualifications for becoming a judge in the Missouri Supreme Court | Candidate must be at least 30 years old, a qualified voter in Missouri for at least nine years, and licensed to practice law in Missouri |
| Retirement age for judges in Missouri | 70 |
| Process of selecting judges in Missouri | Missouri Plan |
| Number of tiers in the federal court system | 3 |
| Highest court in the United States | United States Supreme Court |
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What You'll Learn
Missouri Supreme Court
The Missouri Supreme Court, founded in 1820, is the highest court in the state. It consists of seven members, one of whom is the Chief Justice, while the other six are referred to as judges. The Missouri Supreme Court has discretionary powers to review appeals of cases that involve questions of general interest or importance. The Court also reviews appeals if a lower court's decision conflicts with a pre-existing appellate decision or if the Supreme Court deems that the law should be re-examined.
The Missouri Supreme Court holds exclusive jurisdiction over appeals in specific types of cases, such as those involving:
- The death penalty
- Challenges to election outcomes
- Challenges to the validity of state or federal laws or provisions of the state constitution
Judges are selected through a process called the Missouri Plan. The Missouri Appellate Judicial Commission submits a list of three candidates to the Governor of Missouri, and the Governor makes the final selection. The Missouri Appellate Judicial Commission consists of the Chief Justice of the Missouri Supreme Court, three attorneys chosen by the Missouri State Bar, and three citizens of Missouri appointed by the Governor. If the Governor does not choose any of the candidates provided, the Commission selects one.
Once appointed, a judge must go through a retention election in the first general election that occurs at least one year after their appointment. If successful, they will serve a 12-year term. The judges of the Missouri Supreme Court elect the Chief Justice, who serves a two-year term.
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Missouri Court of Appeals
The Missouri Court of Appeals is the intermediate appellate court for the state of Missouri. It is divided into three geographic districts: Eastern (based in St. Louis), Western (based in Kansas City), and Southern (based in Springfield). The Court handles most appeals from the Missouri Circuit Courts.
The Court of Appeals may hear oral arguments from each side, with no juries or witnesses present. The judges determine whether there were prejudicial mistakes made at the trial, based on the Constitution and laws, regardless of their personal preferences or political beliefs. The Court's opinions are public and are published on its website.
After a decision is made in the Court of Appeals, the losing party may choose to accept the result or appeal to the Supreme Court of Missouri. However, in most appeals, the Supreme Court may reject an appeal from the Court of Appeals (discretionary jurisdiction). The Missouri Supreme Court holds exclusive jurisdiction over appeals in certain types of cases, including those involving the death penalty, challenges to election outcomes, or the validity of state or federal laws.
The Missouri Court of Appeals functions by issuing written judicial opinions, which create precedents for future cases within each district's geographic region. There are fourteen judges in the Eastern District, eleven in the Western District, and seven in the Southern District. Judges are selected through the Missouri Nonpartisan Court Plan, which includes merit-based selection by the Appellate Judicial Commission, gubernatorial appointment, and retention by voters.
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Missouri Circuit Courts
Missouri's judiciary is divided into three levels, with the Missouri Supreme Court at the top, the Missouri Court of Appeals in the middle, and the Circuit Court at the bottom. There are 46 judicial circuits in Missouri's counties and the city of St. Louis, with a court in every county. The circuit court is usually located in the county seat or the city of St. Louis and may have additional locations within the county.
The Circuit Court is the court of general jurisdiction, and cases typically begin here. It is divided into several divisions, including associate circuit, small claims, municipal, family, probate, criminal, and juvenile. The family division of the Circuit Court, for instance, deals with matters such as child custody, visitation, child support, adoptions, and domestic violence. The Circuit Court also includes drug courts, which address substance use disorders, and veterans treatment courts, which address substance use disorder and mental health issues among veterans.
The Circuit Court is also where trials are held. Appeals from the Circuit Court go to the Missouri Court of Appeals, which acts as the intermediate appellate court. The Missouri Supreme Court has the discretion to review appeals of cases that involve questions of general interest or importance, conflicts with pre-existing appellate decisions, or laws that should be re-examined.
The Circuit Court is made up of nonpartisan judges, and the public can learn about the judges up for retention in a given election year.
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Missouri Municipal Courts
Missouri's judiciary is divided into three levels. The Circuit Court is the court of general jurisdiction and is divided into several divisions, including municipal, family, probate, criminal, and juvenile. The St. Louis City Municipal Division is part of the 22nd Judicial Circuit and handles cases such as traffic citations, dumping and prohibited refuse, housing code violations, minor criminal offences, earnings tax issues, and truancy violations.
The Missouri Court of Appeals acts as the intermediate appellate court and is divided into districts, such as the Eastern District and Southern District. The Missouri Supreme Court, founded in 1820, is the highest court in the state and has the authority to review appeals in certain types of cases, including those involving the death penalty or challenges to state laws or the state constitution. The Court's seven members include the Chief Justice and six judges, with the Chief Justice being the only member referred to as a justice.
The process of selecting judges in Missouri is known as the Missouri Plan. The Missouri Appellate Judicial Commission submits a list of three candidates to the Governor, who makes the final selection. If the Governor does not choose one of the candidates, the Commission selects one. Newly appointed judges must go through a retention election and, if successful, serve a 12-year term.
Municipal courts in Missouri, such as the St. Louis City Municipal Court, play an important role in handling specific types of cases, ensuring efficient administration of justice at the local level.
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Missouri Plan for selecting judges
The Missouri Plan, also known as the Non-Partisan Court Plan, is a method for selecting judges that was first proposed and adopted by Missouri voters in 1940. The plan was implemented as a way to combat corrupt judicial elections and has since been partially or fully adopted by several other states.
Under the Missouri Plan, a nonpartisan judicial commission reviews applications, interviews candidates, and selects a panel of three qualified candidates to submit to the Missouri governor. This commission is known as the Appellate Judicial Commission for the Supreme Court and Court of Appeals and is composed of three lawyers elected by members of the Missouri Bar, 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. The Missouri Plan ensures that all lawyers and citizens serving on the commission live within the circuit for which they serve.
If the governor does not choose one of the candidates provided by the commission within 60 days, the commission will select one of the three panelists to fill the vacancy. This process is repeated for each vacancy, with the appropriate commission reviewing applications and interviewing applicants.
Once a judge has served in office for at least one year, they must stand for a retention election at the next general election. The judge's name is placed on a separate judicial ballot without political party designation, and voters decide whether to retain the judge based on their judicial record. To be retained, a judge must receive a majority of the votes. If they do not receive a majority, their seat becomes vacant at the end of their term, and the process of filling the vacancy begins anew.
The Missouri Plan has been praised for attracting high-quality judges in a transparent and accountable manner, ultimately giving the people the final say. However, it has also faced criticism for lacking democratic legitimacy due to the selection process being controlled by a minority of lawyers. Despite this criticism, no published research or data suggests that Missouri Plan states have less judicial diversity than non-Missouri Plan states.
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Frequently asked questions
Case law refers to law found in decisions made by courts.
The Missouri Supreme Court is the highest court in the state.
There are three levels in the Missouri state court system.
Decisions by the Missouri Supreme Court are final unless the U.S. Supreme Court agrees to review an appeal of a decision.
