HJR 58 -- Judicial Commissions

Sponsor:  Cox

Upon voter approval, this proposed constitutional amendment
increases from three to five 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 first or second list within 60 days or the
commission is authorized to appoint one of the nominees from the
second list.

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

(1)  Three members of the Missouri Bar, each a resident from a
different court of appeals district, selected by the members of
the Missouri Bar from each district;

(2)  Three citizens who are not members of the bar nor the spouse
of a member of the bar and are each a resident from a different
court of appeals district, appointed by the Governor; and

(3)  One citizen who is not a member or the spouse of a member of
the bar, from anywhere in the state, appointed by the Governor.

Each circuit judicial commission will consist of five members to
be composed of 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
who are not bar members nor the spouse of a member of the bar.
The terms of all 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.  A governor first taking office has the authority to
remove, within 60 days of taking the oath of office, any members
appointed by a preceding governor and appoint their replacements.

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 a public record 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 commissions and the Governor.
Commission deliberations regarding the final list of nominees may
be closed.

The amendment 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.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:14 pm