MISSOURI CONSTITUTION
ARTICLE V
JUDICIAL DEPARTMENT
Art. V §1 | JUDICIAL POWER — CONSTITUTIONAL COURTS
Art. V §2 | SUPREME COURT — CONTROLLING DECISIONS — NUMBER OF JUDGES — SESSIONS
Art. V §3 | JURISDICTION OF THE SUPREME COURT
Art. V §4 | SUPERIOR COURTS TO CONTROL INFERIOR COURTS — COURTS ADMINISTRATOR, SALARY — REAPPORTIONMENT COMMISSION, APPOINTMENT
2. The supreme court may appoint a state courts administrator and other staff to aid in the administration of the courts, and it shall appoint a clerk of the supreme court and may appoint other staff to aid in the administration of the business of the supreme court. Each such appointee shall serve at the pleasure of the court. The clerk’s and administrator’s salary shall be fixed by law. All other appointees shall have salaries fixed by the court within the legislative limits of the appropriation made for that purpose.
3. In the event that six commissioners of the supreme court are not available to sit as a reapportionment commission as provided in sections 2, 3 and 7 of article III of the constitution of this state, a commission composed of six members appointed by the supreme court from among the judges of the court of appeals, shall serve in lieu of the commissioners of the supreme court. No more than two members of any division of the court of appeals shall be appointed to the commission.
Art. V §5 | RULES OF PRACTICE AND PROCEDURE — DUTY OF SUPREME COURT — POWER OF LEGISLATURE
Art. V §6 | ASSIGNMENT OF JUDGES — AUTHORITY OF SUPREME COURT — ELIGIBLE JUDGES
Art. V §7 | SUPREME COURT AND COURT OF APPEALS MAY SIT IN DIVISIONS
Art. V §8 | CHIEF JUSTICE AND CHIEF JUDGES, ELECTION, TERMS — AUTHORITY OF CHIEF JUSTICE
Art. V §9 | TRANSFER OF CAUSES TO SUPREME COURT EN BANC
Art. V §10 | TRANSFER OF CASES FROM COURT OF APPEALS TO SUPREME COURT — SCOPE OF REVIEW
Art. V §11 | WANT OF JURISDICTION, EFFECT — TRANSFERS
Art. V §12 | JUDICIAL OPINIONS — FILING AND PUBLICATION — MEMORANDUM DECISIONS AND ORDERS
Art. V §13 | COURT OF APPEALS, DISTRICTS, JUDGES
Art. V §14 | CIRCUIT COURTS — JURISDICTION — SESSIONS
(b) Procedures for the adjudication of small claims shall be as provided by law.
Art. V §15 | JUDICIAL CIRCUITS — ESTABLISHMENT AND CHANGES — GENERAL TERMS AND DIVISIONS — JUDGES — PRESIDING JUDGE — COURT PERSONNEL
2. Each circuit shall have such number of circuit judges as provided by law.
3. The circuit and associate circuit judges in each circuit shall select by secret ballot a circuit judge from their number to serve as presiding judge. The presiding judge shall have general administrative authority over the court and its divisions.
4. Personnel to aid in the business of the circuit court shall be selected as provided by law or in accordance with a governmental charter of a political subdivision of this state. Where there is a separate probate division of the circuit court, the judge of the probate division shall, until otherwise provided by law, appoint a clerk and other nonjudicial personnel for the probate division.
Art. V §16 | ASSOCIATE CIRCUIT JUDGES, SELECTION
Art. V §17 | ASSOCIATE CIRCUIT JUDGES, JURISDICTION
Art. V §18 | JUDICIAL REVIEW OF ACTION OF ADMINISTRATIVE AGENCIES — SCOPE OF REVIEW
Art. V §19 | TERMS OF JUDGES
Art. V §20 | SALARIES AND COMPENSATION OF JUDGES — PROVISION AGAINST OTHER SPECIAL COMPENSATION AND PRACTICE OF LAW — TRAVEL AND OTHER EXPENSES
Art. V §21 | JUDGES — QUALIFICATIONS — AGE REQUIREMENTS — LICENSE TO PRACTICE LAW
Art. V §22 | COURT OF APPEALS CLERKS AND PERSONNEL — SALARIES
Art. V §23 | MUNICIPAL JUDGES AND COURT PERSONNEL — SELECTION — TERMS — COMPENSATION — JURISDICTION — APPEALS — ROLE OF ASSOCIATE CIRCUIT JUDGES
Art. V §24 | RETIREMENT, REMOVAL AND DISCIPLINE OF JUDGES, COMMISSION ON — COMPOSITION, TERMS, DUTIES, PROCEDURES, REIMBURSEMENT OF EXPENSES — ADDITIONAL DUTIES PROHIBITED
2. Upon recommendation by an affirmative vote of at least four members of the commission, the supreme court en banc shall retire from office any judge or any member of any judicial commission or any member of this commission who is found to be unable to discharge the duties of his office with efficiency because of permanent sickness or physical or mental infirmity. A judge, except a municipal judge so retired shall receive one-half of his regular compensation during the remainder of his term of office. Where a judge subject to retirement under other provisions of law, has been retired under the provisions of this section, the time during which he was retired for disability under this section shall count as time served for purposes of retirement under other provisions of this constitution or of law.
3. Upon recommendation by an affirmative vote of at least four members of the commission, the supreme court en banc, upon concurring with such recommendation, shall remove, suspend, discipline or reprimand any judge of any court or any member of any judicial commission or of this commission, for the commission of a crime, or for misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency or any offense involving moral turpitude, or oppression in office. No action taken under this section shall be a bar to or prevent any other action authorized by law.
4. A judge is disqualified from acting as a judicial officer while there is pending an indictment or information charging him in any court in the United States with a crime punishable as a felony under the laws of Missouri or the United States, or a recommendation to the supreme court by the commission for his removal, or retirement, or after articles of impeachment have been voted by the house of representatives. A judge so disqualified shall continue to receive his salary.
5. On recommendation of the commission, the supreme court shall suspend a judge from office without salary when in any court in the United States he pleads guilty or no contest to, or is found guilty of, an offense punishable as a felony under the laws of Missouri or the United States, or of any other offense that involves moral turpitude. If he is suspended and his conviction becomes final the supreme court shall remove him from office. If his conviction is reversed and he is discharged from that charge by order of court or of the prosecuting officer, whether without further trial or after further trial and a finding of not guilty, his suspension terminates and he shall be paid his salary for the period of suspension.
6. Recommendations to the supreme court by the commission shall be made only after notice and hearing. Rules for the administration of this section and for the procedures thereunder shall be prescribed by supreme court rule unless otherwise provided by law.
7. Members of the commission shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
8. Additional duties shall not be imposed by law or supreme court rule upon the commission on retirement, removal and discipline.
Art. V §25(a) | NONPARTISAN SELECTION OF JUDGES — COURTS SUBJECT TO PLAN — APPOINTMENTS TO FILL VACANCIES
Art. V §25(b) | ADOPTION OF PLAN IN OTHER CIRCUITS — PETITIONS AND ELECTIONS — FORM OF PETITION BALLOTS
The petition shall be in substantially the following form:
To the Honorable Officials in general charge of elections for the county of ____________ for the state of Missouri:If a majority of the votes upon the question are cast in favor of such discontinuance in each county comprising the circuit, the nonpartisan selection of the circuit and associate circuit judges shall be discontinued in such judicial circuit.We, the undersigned, legal voters of the state of Missouri, and of the county of ____________, respectfully demand that the question of the discontinuance of the nonpartisan selection of the circuit and associate circuit judges be submitted to the legal voters of the ________ judicial circuit, for their approval or rejection, at the general election to be held on the ________ day of ____________, A.D. 19____. The ballot shall provide as follows:“Shall the nonpartisan appointment by the governor of the circuit and associate circuit judges be discontinued in the . . . . . . . . . . . judicial circuit? ☐ Yes☐ No(Place an “X” in one square.)
”
If the nonpartisan selection of the judges be discontinued in any such judicial circuit, other than the city of St. Louis and Jackson county, the selection of such judges therein shall be made as otherwise prescribed by law. This section shall be self-enforcing.
Art. V §25(c)(1) | TENURE OF JUDGES — DECLARATION OF CANDIDACY — FORM OF JUDICIAL BALLOT — REJECTION AND RETENTION
“Shall Judge _______________________________________________If a majority of those voting on the question vote against retaining him in office, upon the expiration of his term of office, a vacancy shall exist which shall be filled by appointment as provided in section 25(a); otherwise, said judge shall, unless removed for cause, remain in office for the number of years after December thirty-first following such election as is provided for the full term of such office, and at the expiration of each such term shall be eligible for retention in office by election in the manner here prescribed.
(Here the name of the judge shall be inserted)
of the _____________________________________________________
(Here the title of the court shall be inserted)
be retained in office?☐ Yes☐ No(Mark an “X” in the box you prefer.)”
Art. V §25(c)(2) | CERTIFICATION OF NAMES UPON DECLARATION — LAW APPLICABLE TO ELECTIONS
Art. V §25(d) | NONPARTISAN JUDICIAL COMMISSIONS — NUMBER, QUALIFICATIONS, SELECTION AND TERMS OF MEMBERS — MAJORITY RULE — REIMBURSEMENT OF EXPENSES — RULES OF SUPREME COURT
Art. V §25(e) | PAYMENT OF EXPENSES
Art. V §25(f) | PROHIBITION OF POLITICAL ACTIVITY BY JUDGES
Art. V §25(g) | SELF-ENFORCEABILITY
Art. V §26 | RETIREMENT — ASSIGNMENT AS SENIOR JUDGE OR COMMISSIONER
2. All judges may retire at an earlier age authorized by law and may participate in a retirement plan provided by law.
3. Any retired judge, associate circuit judge or commissioner, with his consent, may be assigned by the supreme court as a senior judge to any court in this state or as a special commissioner. When serving as a senior judge he shall have the same powers as an active judge.
SCHEDULE
Art. V §27 | EFFECTIVE DATE AND TRANSITION PROVISIONS
2. All magistrate courts, probate courts, courts of common pleas, the St. Louis court of criminal correction, and municipal corporation courts shall continue to exist until the effective date of this article at which time said courts shall cease to exist. When such courts cease to exist:
b. The jurisdiction of probate courts within the circuit shall be transferred to the circuit court and such courts shall become divisions of the circuit court.
c. The jurisdiction of St. Louis court of criminal correction and all courts of common pleas shall be transferred to the circuit court for the respective circuit and such courts shall become divisions of the circuit court. The provisions of law relating to practice and procedure of the courts of common pleas shall, until otherwise changed by law, remain in effect and the provision of law relating to practice, procedure, venue, jurisdiction, selection of jurors, election of clerk and provisions for deputies and all other provisions of law relating to the Hannibal Court of Common Pleas shall until otherwise changed by law, remain in effect as to such division of the Marion county circuit court and said division shall be known as division number 2 of the Marion county circuit court instead of the Hannibal Court of Common Pleas.
d. The jurisdiction of municipal courts shall be transferred to the circuit court of the circuit in which such municipality or major geographical area thereof shall be located and, such courts shall become divisions of the circuit court. When such courts cease to exist, all records, papers and files shall be transferred to the circuit court which may designate the place where such records may be maintained.
e. Divisions of the circuit court created by this subsection may be changed hereafter by law.
f. After the effective date of this article, in counties with a population of over thirty thousand and less than sixty-five thousand, the office expenses and salaries of associate circuit judges and their clerks who before the effective date of this article were probate judges shall continue to be paid by the counties.
g. After the effective date of this article, in all counties with a population of over sixty-five thousand and in any city not within a county, the office expenses and salaries of the circuit judges who before the effective date of this article were probate judges in said counties or city, shall be paid by the respective counties or city.
4.
b. On the effective date of this article, judges of the St. Louis court of criminal correction and judges of the courts of common pleas shall become circuit judges and be entitled to the compensation of circuit judges and shall have the same power and jurisdiction as circuit judges.
c. In 1978, all magistrates shall be elected as provided by law. On the effective date of this article all magistrates who are then in office shall become associate circuit judges and shall serve out the remainder of their terms as such. Each such judge shall be entitled to the same compensation as that to which he was entitled on the effective date of this article until otherwise changed by law.
6. The costs of judicial proceedings as provided for in all courts existing before the adoption of this article shall remain in effect with respect to cases which would have been within the jurisdiction of those courts until such costs are otherwise changed by law. Until otherwise provided by law, if a cause could have been filed in more than one court before the effective date of this article, the lower cost structure shall be used in calculating costs; provided, however, that a party instituting a civil suit which would have been within the concurrent jurisdiction of the circuit and magistrate courts prior to the effective date of this article may designate the case as being one to be processed in accordance with procedures and rules appertaining before circuit judges, and the court costs heretofore applicable to such cases in circuit court shall apply.
7. Until the effective date of this article the courts of common pleas, the St. Louis court of criminal corrections, the magistrate courts, the probate courts and the municipal corporation courts shall continue to have the jurisdiction and power provided in the article repealed hereby and provided by the laws and rules enacted thereunder, and shall continue to follow the procedures as provided in such article, laws and rules.
8. Each judge who, on the effective date of this article, becomes a circuit or associate circuit judge in any circuit subject to the provisions of sections 25(a)–(g) of this article shall be eligible for retention in office as a circuit or associate circuit judge respectively by filing in the office of the secretary of state a declaration of candidacy for election not less than sixty days prior to the holding of the general election next preceding the expiration of his term of office. If a majority of those voting on the question vote against retaining him in office, upon the expiration of his term of office, a vacancy shall exist which shall be filled by appointment as provided in section 25(a); otherwise, said judge shall, unless removed for cause, remain in office for the number of years after December thirty-first following such election as is provided for the full term of such office and at the expiration of each such term shall be eligible for retention in office by election in the same manner prescribed by section 25(c)(1). The secretary of state shall certify the name of such judges in accordance with law or in accordance with section 25(c)(2) of this article.
9. On the effective date of this article the judges of the magistrate court and the judges of the probate court in any circuit which selects judges under the nonpartisan selection of judges shall become nonpartisan judges. The judges of the probate courts of the city of St. Louis and all first class counties, and all second class counties with a population of over sixty-five thousand, when such courts cease to exist, and the judges of the St. Louis court of criminal corrections, shall become circuit judges and receive the compensation payable to circuit judges.
9.
2. Upon the expiration of the terms of office of the clerk of the circuit court for criminal causes of the city of St. Louis, and the term of the clerk of the St. Louis court of criminal correction, the offices of such clerks shall cease to exist and thereafter the clerk of the circuit court of the city of St. Louis shall have the powers and perform the duties and functions of such clerks and shall serve all divisions of the circuit court, except the courts presided over by an associate circuit judge, the judge of the probate division of the circuit court and by municipal judges.
3. In any division of the circuit court presided over by an associate circuit judge, in the probate division of the circuit court, and in any division presided over by a municipal judge, the clerks and their deputies of the respective divisions shall continue to be selected in the same manner as provided for by law on the effective date of this article until otherwise changed by law.
4. There shall continue to be an office of circuit clerk in each county of the circuit, until otherwise changed by law.
c. Upon the effective date of this article the office of prosecuting attorney of the city of St. Louis shall be abolished and all the duties, powers, and functions of such office shall be transferred to the circuit attorney of the city of St. Louis who shall have such powers and perform such functions and duties as the prosecuting attorney of the city of St. Louis.
d. No election shall be held in 1978 for the offices which are abolished by this subsection 10.
12. The boundaries and territorial jurisdiction of the districts of the court of appeals and of the judicial circuits as they exist on the effective date of this article shall be continued in effect until such time as changed by law.
13. The commission on retirement, removal and discipline and the nonpartisan appellate and circuit judicial commissions in existence on the effective date of this article shall continue to exist, and the terms of office for such commissions shall continue in effect.
14. “Judge” as used in sections 20, 24 and 26 of this article shall include commissioners of the supreme court.
15. Nothing in this article shall deprive any person of any right or privilege to retire and the retirement benefits to which he was entitled immediately prior to the effective date of this article.
16. A municipal corporation with a population of under four hundred thousand shall have the right to enforce its ordinances and to conduct prosecutions before an associate circuit judge in the absence of a municipal judge and in appellate courts under the process authorized or provided by this article and shall receive and retain any fines to which it may be entitled. All court costs shall be paid to and deposited monthly in the state treasury. No filing fees shall be charged in such prosecutions unless and until provided for by a law enacted after the adoption of this article.
17. Until otherwise provided by law, the circuit courts shall continue to have jurisdiction to review administrative decisions, findings, rules, and orders in the manner and practice and pursuant to the laws and rules then in force at the time this article becomes effective.
18. All rights, claims, causes of action and obligations existing and all contracts, prosecutions, recognizances and other instruments executed or entered into and all indictments, informations, and complaints which shall have been filed and all actions which shall have been instituted and all fines, penalties and forfeitures assessed, due or owing prior to the effective date of this article shall continue to be as valid as if this article had not been adopted.
19. The general assembly may enact such laws and make such appropriations as may be necessary to carry out the provisions of this article.
20. All laws and rules inconsistent with the provisions of this article shall, on the effective date hereof, be and are repealed. Except to the extent inconsistent with the provisions of this article, all provisions of law and rules of court in force on the effective date of this amendment shall continue in effect until superseded in a manner authorized by the constitution or by law.
21. In the event that a new district of the court of appeals is established, the judges presently serving on any district of the court of appeals shall continue to be judges of the court of appeals to which appointed although they are not residents of the court of appeals district in which they serve.
22. Until otherwise provided by law, in any cause heard and determined by an associate circuit judge, the associate circuit judge shall utilize electronic, magnetic, or mechanical sound or video recording devices for the purpose of preserving the record. Electronic, magnetic, or mechanical recording devices shall be approved by the office of state courts administrator prior to their utilization by any associate circuit judge.
23. Each circuit in which judges are selected under the nonpartisan court plan, on the effective date of this article, including the circuits of Platte county, Clay county, and St. Louis county, shall continue under the nonpartisan court plan until and unless such method of selection of judges is discontinued by the voters of the circuit as provided by sections 25(a)–(g) of this article.
24. Judges, other than municipal judges, not selected under the provisions of sections 25(a)–(g) of this article who on the effective day of this article or within six months thereafter, are seventy years of age or older, may petition the commission on retirement, removal and discipline to continue to serve until age seventy-six if he has not completed a total of twelve years of service as a judge. Judges, other than municipal judges, not selected under the provisions of sections 25(a)–(g) of this article who are in office on the effective date of this article, may, within six months before attaining the age of seventy years, petition the commission on retirement, removal, and discipline to be allowed to serve after he has attained that age until age seventy-six or has completed a total of twelve years of service as a judge, whichever shall first occur. If the commission finds the petitioner to be able to perform his duties and approves such service, the petitioner may continue to serve as such a judge until age seventy-six if he has not completed a total of twelve years of service as a judge at such age. No such judge shall be permitted to serve as such a judge beyond the age of seventy-six years regardless of whether or not he has completed a total of twelve years except for the purpose of completing the term to which he was elected or appointed.
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