HJR 52 -- Judicial Appointment Process

Sponsor:  Lembke

Upon voter approval, this proposed constitutional amendment
abolishes the nonpartisan Judicial Commission and establishes a
bi-partisan judicial merit selection commission, to be known as
the Merit Commission, for each judicial entity including the
Supreme Court, each court of appeals, and each circuit court of
the City of St. Louis and the counties of Clay, Jackson, Platte,
and St. Louis.  Each 10-member commission will be composed of
two members of the Missouri Bar each from different political
parties and appointed by the Governor, two persons who are not
members of the Missouri Bar from different political parties and
appointed by the Governor, one person appointed by the Speaker of
the House of Representatives, one person appointed by the
Minority Leader of the House of Representatives, one person
appointed by the President Pro Tempore of the Senate, one member
appointed by Minority Leader of the Senate, and two members of
the Missouri Bar from different political parties appointed by
the Attorney General.  Each commission is to submit a list of
five applicants for selection by the Governor for any judicial
opening occurring in the appropriate judicial circuit or court.
Each commission must strictly adhere to the Open Meetings and
Records Law, commonly known as the Sunshine Law.  The list of
applicants considered for the judicial opening, the questions
submitted by the commission, and the answers provided by
applicants must be made public through a posting on a web site or
through the office of the commission.  The Governor will have 30
days to make a selection from the list of applicants.  After
selection, the nominee must be confirmed by a majority vote of
the Senate.  Recommendations by the Missouri Bar, testimony
provided by persons under oath, and recommendations from a Senate
committee holding public hearings on a nominee's qualifications
may be considered by the Senate in the confirmation process.  Any
information made available to any commission in its proceedings
must be made available to the Governor and the Senate.
Recommendations made by the Missouri Bar must be classified as
exceptionally qualified, qualified, no opinion, or not qualified
with supporting evidence.  Each judicial applicant is subject to
a background or criminal check; however, any information
regarding the check will not be public record.

Any person who commits, aids, or abets perjury during the
judicial appointment process will be punished with not more than
one year in prison, a fine of not more than $100,000, or both.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm