HCS HJR 49 -- APPELLATE JUDICIAL COMMISSION (Cox)

COMMITTEE OF ORIGIN:  Special Committee on General Laws

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.  If the Governor fails to
appoint any of the nominees from the second list within 60 days,
the Lieutenant Governor must appoint a nominee from the second
list.  If the Lieutenant Governor does not appoint within 60
days, the commission will appoint a candidate from the second
list of nominees to fill the vacancy.

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

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

(2)  Three citizens, each a resident from a different court of
appeals district;

(3)  One citizen, not a member of the Missouri Bar, from anywhere
in the state.

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 members
residing in the judicial circuit and appointed by the Governor.
The terms of all members, two of who must be non-attorneys, 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 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 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.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

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