Missouri Supreme Court
| Missouri Supreme Court |
|---|
|
| Court Information |
| Justices: 7 |
| Founded: 1820 |
| Location: Jefferson |
| Salary |
| Associates: $196,926[1] |
| Judicial Selection |
| Method: *Assisted appointment (Hybrid) |
| Term: 12 years |
| Active justices |
|
Ginger Gooch |
Founded in 1820, the Missouri Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Mary Rhodes Russell.[2]
As of November 2023, two judges on the court were appointed by a Democratic governor and five judges were appointed by a Republican governor.
The court meets in the Supreme Court Building in Jefferson City, Missouri.[3]
In Missouri, state supreme court justices are selected through assisted appointment with a hybrid judicial nominating commission. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
Jurisdiction
The Missouri Supreme Court has exclusive jurisdiction over appeals concerning the validity of federal statutes or treaties, the validity of state statutes or constitutional provisions, state revenue laws, challenges to a statewide elected official's right to hold office and when the death penalty has been imposed. At its own discretion, the court may hear appeals if a question of general interest or importance is involved, if the law should be re-examined or if the lower court's decision conflicts with an earlier appellate decision.[2]
The court also has a supervisory role over the state's judiciary and attorneys.[2]
Judges
The table below lists the current judges of the Missouri Supreme Court, their political party, and when they assumed office.
| Office | Name | Party | Date assumed office |
|---|---|---|---|
| Missouri Supreme Court | Kelly C. Broniec | Nonpartisan | September 25, 2023 |
| Missouri Supreme Court | Zel Fischer | Nonpartisan | 2008 |
| Missouri Supreme Court | Ginger Gooch | Nonpartisan | November 1, 2023 |
| Missouri Supreme Court | Wesley Brent Powell | Nonpartisan | 2017 |
| Missouri Supreme Court | Robin Ransom | Nonpartisan | June 8, 2021 |
| Missouri Supreme Court | Mary Rhodes Russell | Nonpartisan | 2004 |
| Missouri Supreme Court | Paul C. Wilson | Nonpartisan | 2013 |
Judicial selection
- See also: Judicial selection in Missouri
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. After the newly appointed judge serves for at least one year, they must stand for retention in the next general election. If retained, they serve twelve-year terms.[4]
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).[4]
Chief justice
The chief justice of the supreme court serves a two-year term and is elected by a peer vote.[4]
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. After the newly appointed judge serves for at least one year, they must stand for retention in the next general election. If retained, they serve twelve-year terms.[4]
The map below highlights how vacancies are filled in state supreme courts across the country.
Elections
- See also: Missouri Supreme Court elections
2024
- See also: Missouri Supreme Court elections, 2024
The term of one Missouri Supreme Court justice will expire on December 31, 2024. The one seat is up for retention election on November 5, 2024. The filing deadline is August 27, 2024.
Judges with expiring terms
- This is a list of the justices who must stand for retention election in 2024 in order to remain on the bench. Justices may choose not to stand for election. The list is subject to change if justices retire or are appointed.
2022
- See also: Missouri Supreme Court elections, 2022
The terms of two Missouri Supreme Court justices expired on December 31, 2022. The two seats were up for retention election on November 8, 2022.
Candidates and results
Ransom's seat
Missouri Supreme Court, Robin Ransom's seat
Robin Ransom was retained to the Missouri Supreme Court on November 8, 2022 with 70.3% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
70.3
|
1,239,950 | ||
No |
29.7
|
525,084 | |||
Total Votes |
1,765,034 | ||||
|
|
Fischer's seat
Missouri Supreme Court, Zel Fischer's seat
Zel Fischer was retained to the Missouri Supreme Court on November 8, 2022 with 68.0% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
68.0
|
1,211,424 | ||
No |
32.0
|
569,032 | |||
Total Votes |
1,780,456 | ||||
|
|
2020
- See also: Missouri Supreme Court elections, 2020
The term of one Missouri Supreme Court justice expired on December 31, 2020. The one seat was up for retention election on November 3, 2020.
Candidates and results
Breckenridge's seat
General election candidates
- Patricia Breckenridge (Incumbent) (Nonpartisan) ✔
2018
Candidates and results
Russell's seat
General election candidates
- Mary Rhodes Russell (Incumbent) (Nonpartisan) ✔
Powell's seat
General election candidates
- Wesley Brent Powell (Incumbent) (Nonpartisan) ✔
Teitelman vacancy, 2017
The death of former Missouri Supreme Court Judge Richard Teitelman on November 29, 2016, created a vacancy on the state's highest court. On March 1, 2017, the Missouri Appellate Judicial Commission nominated Missouri Court of Appeals Judge Lisa White Hardwick, attorney Benjamin Lipman, and Jackson County Circuit Court Judge Wesley Brent Powell as candidates to fill the vacancy. According to the St. Louis Record, Hardwick and Lipman were liberal candidates while Powell was more conservative.[5]
Missouri political strategist James Harris, who supported an unsuccessful 2012 ballot measure aimed at increasing the number of gubernatorial appointments to the Missouri Appellate Judicial Commission, expressed concern during an interview with the Record regarding what he perceived to be the limited scope of the governor's role in the judicial appointment process.[5]
According to Harris, the Missouri Appellate Judicial Commission's role in the nomination process prevented Republican Governor Eric Greitens from appointing a conservative judge to the court. Harris argued that the citizen members of the commission were Democratic-leaning appointees of former Governor Jay Nixon (D). Therefore, Harris claimed that the citizen appointees, together with the commission members selected by the Missouri State Bar, nominated liberal judicial candidates to fill the vacancy. He observed that only three of the last 30 nominees to fill a vacancy on the Missouri Supreme Court were Republicans. Since Missouri was governed by a Republican trifecta, Harris concluded that the commission's nominees were out-of-step with the views of Missouri voters.[5]
Dana Tippin Cutler, president of the Missouri State Bar, disagreed with Harris' assessment. "The Appellate Judicial Commission did its job in forwarding three qualified applicants to the governor for consideration," she told the Record. "It is now the governor’s turn to assess these applicants and decide who should serve the people of Missouri as our newest Supreme Court judge."[5]
Cutler also argued that Missouri voters had historically supported the state's existing assisted appointment process and that the system can be modified as needed. "Over the 76-year history of the Missouri Nonpartisan Court Plan, changes have been implemented to improve the process. We would consider additional changes on a case-by-case basis to make sure the people of Missouri continue to have skilled, fair and impartial judges and to prevent partisan politics and money from being injected into our state’s courts.”[5]
Greitens appointed Powell to the court.
2016
Justices who faced retention
Election results
Richard Teitelman was retained in the Missouri Supreme Court, Teitelman's Seat election with 63.91% of the vote.
| Missouri Supreme Court, Teitelman's Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
 Richard Teitelman | 63.91% | |
| Source: Missouri Secretary of State Official Results | ||
- Election history, 2008-2014 (click to expand)
2014
RetentionJudge Election Vote Laura Denvir Stith 64.1% 
Paul C. Wilson 63.1% 2012 - See also: Missouri judicial elections, 2012
George Draper was retained by the voters.
Missouri Supreme Court
2012 General election resultsCandidates Votes Percent George Draper
1,616,458 69.9% 2010 - See also: 2010 State Supreme Court elections
Zel Fischer was retained by the voters.
Missouri Supreme Court
2010 General election resultsCandidates Votes Percent Zel Fischer
n/a 66.4% 2008 - See also: State Supreme Court elections, 2008
Patricia Breckenridge was retained by the voters.
Missouri Supreme Court
2008 General election resultsCandidates Votes Percent Patricia Breckenridge
n/a 73%
Caseloads
The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.[6]
| Missouri Supreme Court caseload data | ||
|---|---|---|
| Year | Filings | Dispositions |
| 2021 | 43 | 43 |
| 2020 | 48 | 53 |
| 2019 | 53 | 50 |
| 2018 | 55 | 66 |
| 2017 | 74 | 57 |
| 2016 | 54 | 70 |
| 2015 | 75 | 64 |
| 2014 | 65 | 81 |
| 2013 | 82 | 89 |
| 2012 | 96 | 77 |
| 2011 | 73 | 62 |
| 2010 | 67 | 65 |
| 2009 | 63 | 80 |
| 2008 | 72 | 57 |
| 2007 | 86 | 90 |
Analysis
Ballotpedia Courts: Determiners and Dissenters (2021)
In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.
The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:
- We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
- We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
- We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
- We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.
Summary of cases decided in 2020
- Number of justices: 7
- Number of cases: 58
- Percentage of cases with a unanimous ruling: 62.1%% (36)
- Justice most often writing the majority opinion: Justice Russell (10)
- Per curiam decisions: 7
- Concurring opinions: 4
- Justice with most concurring opinions: Justices Breckenridge, Fischer, Powell, and Wilson (1)
- Dissenting opinions: 20
- Justice with most dissenting opinions: Justice Powell (8)
For the study's full set of findings in Missouri, click here.
Ballotpedia Courts: State Partisanship (2020)
- See also: Ballotpedia Courts: State Partisanship
Last updated: June 15, 2020
In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.
The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:
- Strong Democrat
- Mild Democrat
- Indeterminate[7]
- Mild Republican
- Strong Republican
We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[8]
Missouri had a Court Balance Score of 1.14, indicating Split control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.
Bonica and Woodruff campaign finance scores (2012)
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Missouri was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Missouri received a score of 0.001. Based on the justices selected, Missouri was the 25th most conservative court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[9]
Noteworthy cases
For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.
Ethics
The Missouri Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Missouri. It is composed of four canons:
- Canon 1: "A Judge Shall Uphold and Promote the Independence, Integrity and Impartiality of the Judiciary and Avoid Impropriety and Appearance of Impropriety"
- Canon 2: "A Judge Shall Perform the Duties of Judicial Office Impartially, Competently and Diligently"
- Canon 3: "A Judge Shall So Conduct the Judge's Extrajudicial Activities as to Minimize the Risk of Conflict with Judicial Obligations"
- Canon 4: "A Judge or Judicial Candidate Shall not Engage in Political or Campaign Activity Inconsistent with the Independence, Integrity or Impartiality of the Judiciary"[10]
The full text of the Missouri Code of Judicial Conduct can be found here.
Removal of supreme court judges
The Missouri Commission on Retirement, Removal and Discipline has jurisdiction over supreme court judges and is responsible for investigating complaints concerning their judicial behavior. Supreme court judges may be removed by impeachment. Impeachment trials for supreme court judges are handled by a special commission. Removing a judge by impeachment requires a five-sevenths vote of the house of representatives, and then a five-sevenths vote of the commission following a trial.[11]
History of the court
Former judges
| All former judges of the Missouri Supreme Court:[12] | click for list → |
|---|---|
| Name: | Dates served: |
| Mathias McGirk | 1821–1841 |
| John Dillar Cook | 1821–1823 |
| John Rice Jones | 1821–1824 |
| Rufus Pettibone | 1823–1825 |
| George Tompkins | 1824–1825 |
| Robert Wash | 1825–1827 |
| John Cummins Edwards | 1837–1839 |
| William Barclay Napton | 1839–1849 |
| William Scott | 1841–1843 |
| Priestly Haggin McBride | 1845–1848 |
| John Ferguson Ryland | 1849, 1850-1857 |
| James Harvey Birch | 1849-1851 |
| John Ferguson Ryland | 1850–1857 |
| Hamilton Rowan Gamble | 1850–1855 |
| William Scott | 1851–1862 |
| Abiel Leonard | 1855–1857 |
| John Crowley Richardson | 1857–1859 |
| William Barclay Napton | 1857–1861 |
| Ephraim Brevard Ewing | 1859–1861 |
| Barton Bates | 1862–1865 |
| John D. S. Dryden | 1862–1865 |
| David Wagner | 1865–1877 |
| Walter L. Lovelace | 1865–1866 |
| Nathaniel Holmes | 1865–1868 |
| Thomas James Clark Flagg | 1866–1868 |
| James Baker | 1868 |
| Philemon Bliss | 1868–1872 |
| Warren Currier | 1868–1872 |
| Washington Adams | 1871–1874 |
| William Barclay Napton | 1873–1880 |
| Ephraim Brevard Ewing | 1873 |
| Henry M. Vories | 1873–1876 |
| Thomas Adiel Sherwood | 1873–1902 |
| Edward Augustus Lewis | 1874 |
| Warwick Hough | 1875–1884 |
| Elijah Hise Norton | 1877–1888 |
| John Ward Henry | 1876–1888 |
| Robert D. Ray | 1881–1890 |
| Francis Marion Black | 1885–1894 |
| Theodore Brace | 1887–1907 |
| Shephard Barclay | 1889–1898 |
| James Britton Gantt | 1891–1910 |
| John Lilburn Thomas | 1890–1892 |
| George Bennett MacFarlane | 1890–1898 |
| Gavon Drummond Burgess | 1893–1910 |
| Waltour Moss Robinson | 1895–1904 |
| William Muir Williams | 1898 |
| William Champe Marshall | 1899–1906 |
| Leroy D. Valliant | 1899–1912 |
| James David Fox | 1903–1910 |
| Henry Lamm | 1905–1914 |
| Waller Washington Graves | 1906–1928 |
| Archelaus Marius Woodson | 1907–1925 |
| Franklin Ferriss | 1910–1912 |
| John Kennish | 1910–1913 |
| John Chilton Brown | 1911–1915 |
| Henry Whitelaw Bond | 1913–1919 |
| Charles Breckenridge Faris | 1913–1919 |
| Robert Franklin Walker | 1913–1930 |
| James Thomas Blair | 1915–1924 |
| Charles G. Revelle | 1915–1916 |
| Fred Lincoln Williams | 1917–1920 |
| John Isaac Williamson | 1919–1920 |
| Richard Livingston Goode | 1919–1922 |
| Conway Elder | 1921–1922 |
| Edward Higbee | 1921–1922 |
| David Elmore Blair | 1921–1930 |
| William T. Ragland | 1919–1932 |
| John Turner White | 1923–1932 |
| Frank Ely Atwood | 1925–1934 |
| Robert William Otto | 1925–1926 |
| Ernest S. Gantt | 1927–1946 |
| North Todd Gentry | 1928 |
| William Francis Frank | 1929–1938 |
| Berryman Henwood | 1930–1932 |
| George Robb Ellison | 1931–1955 |
| Charles Thomas Hays | 1933–1942 |
| Clarence Alexander Burney | 1933 |
| Ernest Moss Tipton | 1933–1955 |
| Charles A. Leedy, Jr. | 1933–1964 |
| Walter D. Coles | 1935 |
| John Caskie Collet | 1935–1937 |
| James Marsh Douglas | 1937–1949 |
| Raymond B. Lucas | 1938 |
| Albert M. Clark | 1939–1950 |
| Laurance M. Hyde | 1943–1966 |
| Roscoe P. Conkling | 1947–1954 |
| Sidna Poage Dalton | 1950–1965 |
| Frank Hollingsworth | 1950–1964 |
| Henry J. Westhues | 1954–1963 |
| Henry I. Eager | 1955–1968 |
| Clem F. Storckman | 1955–1970 |
| Lawrence Holman | 1963–1977 |
| Fred L. Henley | 1964–1978 |
| James A. Finch, Jr. | 1965–1978 |
| Robert True Donnelly | 1965–1988 |
| Robert Eldridge Seiler | 1967–1982 |
| June P. (J. P.) Morgan | 1969–1982 |
| John E. Bardgett | 1970–1982 |
| Albert L. Rendlen | 1977–1992 |
| Joseph J. Simeone | 1978–1979 |
| Warren Dee Welliver | 1979–1989 |
| Andrew Jackson Higgins | 1979–1991 |
| George F. Gunn, Jr. | 1982–1985 |
| William Howard Billings | 1982–1991 |
| Charles Blakey Blackmar | 1982–1992 |
| Edward D. Robertson, Jr. | 1985–1998 |
| Ann K. Covington | 1989–2001 |
| John C. Holstein | 1989–2002 |
| William Duane Benton | 1991–2004 |
| Elwood L. Thomas | 1991–1995 |
| William Ray Price, Jr. | 1992-2012 |
| Stephen N. Limbaugh, Jr. | 1992–2008 |
| Ronnie L. White | 1995–2007 |
| Michael A. Wolff | 1998–2011 |
Courts in Missouri
- See also: 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.
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.
Party control of Missouri state government
A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.
Missouri has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.
See also
External links
Footnotes
- ↑ The salary of the chief justice may be higher than an associate justice.
- ↑ 2.0 2.1 2.2 Your Missouri Courts, "Supreme Court," accessed January 29, 2015 Cite error: Invalid
<ref>tag; name "about" defined multiple times with different content - ↑ Missouri Courts, Visiting the Supreme Court," accessed September 8, 2021
- ↑ 4.0 4.1 4.2 4.3 National Center for State Courts, "Methods of Judicial Selection," accessed September 7, 2021
- ↑ 5.0 5.1 5.2 5.3 5.4 St. Louis Record, "Missouri judicial selection process comes under fire," April 12, 2017
- ↑ Missouri Courts, "Annual Judicial and Statistical Reports," accessed October 5, 2022
- ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
- ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
- ↑ Your Missouri Courts, Rule 2 -- Code of Judicial Conduct, accessed June 27, 2015
- ↑ National Center for State Courts, "Methods of Selection: Removal of Judges - Missouri," accessed October 19, 2015
- ↑ Your Mississippi Courts, "Former Judges of the Supreme Court of Missouri," accessed April 22, 2015
Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: Eastern District of Missouri, Western District of Missouri • U.S. Bankruptcy Court: Eastern District of Missouri, Western District of Missouri
State courts:
Missouri Supreme Court • Missouri Court of Appeals • Missouri Circuit Courts • Missouri Municipal Courts
State resources:
Courts in Missouri • Missouri judicial elections • Judicial selection in Missouri
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