Modifies the selection and terms of judges of the Supreme Court and of the Court of Appeals
Impact
If passed, SJR114 would lead to changes in the governor's appointment authority concerning judicial vacancies. When a vacancy arises in the Supreme Court or Court of Appeals, the governor would appoint a new judge based on standards established in the amended sections. This process would involve a nonpartisan judicial commission that nominates candidates for the governor's consideration. If the governor fails to make an appointment within 60 days of receiving nominations, the commission takes control and appoints one of the nominees. This shift in authority emphasizes a more structured and equitable approach to judicial appointments.
Summary
SJR114 proposes a significant amendment to the Missouri Constitution regarding the selection and terms of judges for the Supreme Court and the Court of Appeals. It seeks to repeal existing provisions in Article V and replace them with new sections that modify how judges are appointed. Under the new amendment, the term for judges of the Supreme Court and the Court of Appeals would be set to seven years, while circuit judges would serve for six years, and associate judges for four years. This change aims to provide a more consistent framework for the appointment and accountability of state judges.
Contention
The amendment has attracted attention and debate regarding its implications on judicial independence and the checks and balances within state government. Proponents argue that such a structured appointment process will enhance accountability and ensure that qualified candidates serve in critical judicial roles. However, opponents express concerns that concentrating appointment power in the hands of the governor, even with oversight from a commission, could risk politicizing the judiciary. The flexibility afforded to the governor in making appointments raises fears of a judiciary influenced by political affiliations rather than qualifications and impartiality.
Modifies provisions relating to judges of the Supreme Court and of the Court of Appeals, including length of terms, term limits, and nonpartisan elections
Modifies provisions relating to judicial proceedings, including intervention in actions involving abortion and the composition of the Western and Southern Districts of the Court of Appeals
Modifies provisions relating to court procedure, including the admissibility of expert testimony evidence and Supreme Court Rule 52.08 relating to class actions