HCS HJR 10 -- APPELLATE JUDICIAL COMMISSION (Cox)

COMMITTEE OF ORIGIN:  Special Committee on General Laws

Upon voter approval, this proposed constitutional amendment
increases from three to four the number of judicial candidates
nominated by the Nonpartisan Judicial Commission for a vacancy in
the office of judge of specified courts from which the Governor
may make an appointment.  The Governor may veto the first list of
candidates provided by the commission within 60 days.  If the
panel of judicial candidates is vetoed, the commission must
submit a second list of nominees.  The Governor must choose a
candidate from the second list within 45 days or the commission
is authorized to appoint one of the nominees from the second
list.

The substitute changes the composition of nonpartisan judicial
commissions.  There will be eight members of the Appellate
Judicial Commission chosen as follows:

(1)  A justice of the Missouri Supreme Court and three members of
the Missouri Bar, each a resident from a different court of
appeals district, selected by the members of the Missouri Bar;

(2)  Three citizens who are not members of the bar and are each a
resident from a different court of appeals district, appointed by
the Governor; and

(3)  One citizen, from anywhere in the state, appointed by the
Governor.

Each circuit judicial commission will consist of six members to
be composed of the chief judge of the requisite district, two
attorney members elected by the Missouri Bar members residing in
the judicial circuit and three citizens residing in the judicial
circuit and appointed by the Governor.  The terms of all members,
two of who must not be Missouri Bar members, of the judicial
commissions will be four years.  Each appointment to the
Appellate Judicial Commission and circuit judicial commissions is
subject to the advice and consent of the Senate within 30
legislative days of the appointment by the Governor.

The new citizen member of either the appellate or a circuit
judicial commission may be chosen by the Governor on or after
January 15, 2013.  The term of all current judicial commissioners
will expire upon the effective date of the substitute, and
commissioners will be replaced according to the previously
described process.

The judicial selection process must favor openness and public
access.  All hearings, debates, and votes of the commissions must
be open to the public and to the press with no less than 72 hours
public notice given before each meeting.  The list of applicants
for any judicial vacancy must be open to the public with their
names posted on the web site of the Missouri Supreme Court and
all information available to the respective commissions on the
judicial candidates must be made available to the Governor.
Every applicant nominated will be subject to a background check,
including a criminal check, which will not be a public record,
but available only to the commission and the Governor.

The substitute transfers the responsibility for the approval of
expenses incurred in the administration of the judicial selection
plan from the Missouri Supreme Court to the Commissioner of the
Office of Administration.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am