Which of the following is not part of the missouri plan for selecting state-level judges?

From Ballotpedia

Judicial selection in Missouri
Missouri Supreme Court
Method:	Assisted appointment
Term:	12 years
Missouri Court of Appeals
Method:	Assisted appointment
Term:	12 years
Missouri Circuit Courts
Method:	Assisted appointment or partisan elections
Term:	6 years

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Missouri, including:

• Missouri Supreme Court,
• Missouri Court of Appeals,
• Missouri Circuit Courts, and
• Limited jurisdiction courts

Selection of state judges in Missouri occurs largely through merit selection, specifically the assisted appointment method in which the governor selects a nominee from a list provided by a nominating commission. Appointed judges serve a short initial term and later run in yes-no retention elections if they wish to serve full terms.[1]

Click here to notify us of changes to judicial selection methods in this state.

Missouri Supreme Court

The seven justices of the Missouri Supreme Court are chosen through assisted appointment in which the governor selects a nominee from a list provided by a nominating commission. When a vacancy occurs, a list of potential candidates is compiled by the Missouri Appellate Judicial Commission and narrowed to three choices. From those three candidates, the governor appoints a new judge. Newly appointed judges stand for retention in the next general election occurring one to three years after they take office. If retained, they serve twelve-year terms.[2]

Qualifications

To serve on the supreme court, a judge must be:

• a U.S. citizen for at least 15 years;
• a qualified state voter for at least nine years;
• licensed to practice law in the state;
• over the age of 30; and
• under the age of 70 (retirement at 70 is mandatory).[2]

Chief justice

The chief justice of the supreme court serves a two-year term and is elected by a peer vote. By tradition, the court elects the most senior justice who has not yet served as chief justice.[2]

Vacancies

When a vacancy occurs, a list of potential candidates is compiled by the Missouri Appellate Judicial Commission and narrowed to three choices. From those three candidates, the governor appoints a new judge. Newly appointed judges stand for retention in the next general election occurring one to three years after they take office. If retained, they serve twelve-year terms.[2]

The map below highlights how vacancies are filled in state supreme courts across the country.

Missouri Court of Appeals

The judges of the Missouri Court of Appeals are chosen through assisted appointment in which the governor selects a nominee from a list provided by a nominating commission. When a vacancy occurs, a list of potential candidates is compiled by the Missouri Appellate Judicial Commission and narrowed to three choices. From those three candidates, the governor appoints a new judge. Newly appointed judges stand for retention in the next general election occurring one to three years after they take office. If retained, they serve twelve-year terms.[2]

Qualifications

To serve on the appeals court, a judge must be:

• a U.S. citizen for at least 15 years;
• a district resident
• a qualified state voter for at least nine years;
• licensed to practice law in the state;
• over the age of 30; and
• under the age of 70 (retirement at 70 is mandatory).[2]

Chief justice

The chief judge of the appeals court serves a two-year term and is elected by a peer vote.[2]

Vacancies

When a vacancy occurs, a list of potential candidates is compiled by the Missouri Appellate Judicial Commission and narrowed to three choices. From those three candidates, the governor appoints a new judge. Newly appointed judges stand for retention in the next general election occurring one to three years after they take office. If retained, they serve twelve-year terms.[2]

Missouri Circuit Courts

The judges of the Missouri Circuit Courts are elected to six-year terms in partisan elections. At the end of their terms, judges must face re-election. The cities of Springfield, St. Louis and Kansas City have opted instead to employ the same merit selection process that the appellate courts use. Under the Missouri Constitution, circuit courts may adopt the merit selection process if a majority of local voters approve. To place the question on the general election ballot, residents may file a petition signed by 10 percent of county voters who voted in the last gubernatorial election. In counties where merit selection has been adopted, it may be discontinued using the same process.[2]

Chief judge

The chief judge of each court is elected by the circuit and associate judges from among the sitting circuit judges.[2]

Qualifications

To serve on this court, a judge must be:

• a U.S. citizen for at least 10 years;
• a qualified state voter for at least three years;
• a resident of the circuit for at least one year;
• licensed to practice law in the state; and
• at least 30 years old.[2]

Vacancies

In the event of midterm vacancies, circuit courts that normally use partisan elections replace their judges through gubernatorial appointment. These judges must run in the next general election if they wish to serve a full term.[2]

Limited jurisdiction courts

Missouri has 1 type of limited jurisdiction court: Missouri Municipal Courts.

Missouri Municipal Courts

Municipal court judges are selected in the method determined by municipal ordinance.[3]

History

Below is a timeline noting changes to judicial selection methods in Missouri.

• 2008: Greene County adopted the Missouri Plan for the selection of circuit judges.
• 1976: The judicial nominating commission was empowered by a constitutional amendment to fill vacancies if the governor does not select a nominee within 60 days.
• 1973: The counties of Clay and Platte adopted the Missouri Plan for the selection of circuit judges.
• 1970: St. Louis County adopted the Missouri Plan for the selection of circuit judges.
• 1945: The Missouri Plan was included in the new state constitution.
• 1942: After the Missouri Plan was approved in 1940, legislators voted to repeal it by a one-vote margin. When the matter was put to popular vote in 1942, however, voters rejected the repeal 65 percent to 35 percent. See the reform efforts section below.
• 1940: The Missouri Plan (known formally as the Nonpartisan Selection of Judges Court Plan) was approved by voters 55 percent to 45 percent, having been placed on the ballot by petition.
• 1909: The Springfield Court of Appeals was created by constitutional amendment and established that judges are to be elected by popular vote to twelve-year terms.
• 1884: The Kansas City Court of Appeals was created by constitutional amendment and established that judges are to be elected by popular vote to twelve-year terms.
• 1875: The St. Louis Court of Appeals was created by constitutional amendment and established that judges are to be elected by popular vote to twelve-year terms.
• 1872: The tenure of supreme court judges was extended to twelve years.
• 1849: Established that supreme and circuit court judges are to be elected by popular vote to six-year terms.
• 1820: Established that all judges are to be appointed by the governor with senate consent and serve for life.[1]

Courts in Missouri

In Missouri, there are two federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts

The image below depicts the flow of cases through Missouri's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Missouri's state court system.

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[4]

In other states

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[5] At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Legislative election: Judges are selected by the state legislature.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.

Click a state on the map below to explore judicial selection processes in that state.

http://ballotpedia.org/Judicial_selection_in_STATE

See also

State courts	Appointment methods	Election methods
State supreme courtsIntermediate appellate courtsTrial courts	Assisted appointmentGubernatorial appointmentLegislative appointment	Partisan electionsNonpartisan electionsMichigan method

External links

• Your Missouri Courts – The Judicial Branch of State Government
• Missouri Secretary of State, "Elections & Voting"
• The Associated Press, "Mo. Senate endorses changes to judge selection," April 26, 2012
• Columbia Daily Tribune, "Missouri's judge plan is a failure," March 11, 2012 (Editorial by Representative Stanley Cox)
• STL Today, "Missouri opens its Supreme Court nomination process," August 31, 2011

Footnotes

1. ↑ 1.0 1.1 American Judicature Society, "Judicial Selection in the States: Missouri," accessed September 7, 2021
2. ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 National Center for State Courts, "Methods of Judicial Selection," accessed September 7, 2021
3. ↑ Missouri Courts, "Circuit Court Judges and Commissioners," accessed September 7, 2021
4. ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
5. ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021

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What is the Missouri Plan for selecting judges?

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Which of the following is not an essential feature of the Missouri Plan?

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