SJR 122

                                     SECOND REGULAR SESSION
   SENATE JOINT RESOLUTION NO. 122
                                     103RD GENERAL ASSEMBLY
                                       INTRODUCED BY SENATOR MOON.
7358S.01I  KRISTINA MARTIN, Secretary
                                      JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment repealing sections 16, 19, 25(a),
          25(b), 25(c)(1), 25(c)(2), 25(d), 25(e), 25(f), and 25(g) of article V of the Constitution
          of Missouri, and adopting three new sections in lieu thereof relating to judges.
Be it resolved by the Senate, the House of Representatives concurring therein:
1That at the next general election to be held in the
2  state of Missouri, on Tuesday next following the first Monday
3  in November, 2026, or at a special election to be called by
4  the governor for that purpose, there is hereby submitted to
5  the qualified voters of this state, for adoption or
6  rejection, the following amendment to article V of the
7  Constitution of the state of Missouri:
1Section A.  Sections 16, 19, 25(a), 25(b), 25(c)(1),
2  25(c)(2),  25(d),  25(e),  25(f),  and   25(g),    article  V,
3  Constitution of Missouri, are repealed and three new sections
4  adopted in lieu thereof, to be known as sections 16, 19, and
5  25(a), to read as follows:
1Section 16.  Each county shall have such number of
2  associate circuit judges as provided by law.  There shall be
3  at least one resident associate circuit judge in each
4  county.  Associate circuit judges shall be [selected or]
5  elected in each county.  [In those circuits where the
6  circuit judge is selected under section 25 of article 5 of
7  the constitution the associate circuit judge shall be
8  selected in the same manner.  All other associate circuit
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
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9  judges shall be elected in the county in which they are to
10 serve.]
1Section 19.   1.   Judges of the supreme court and of the
2  court of appeals shall be [selected] elected for terms of
3  twelve years, judges of the circuit courts for terms of six
4  years, and associate circuit judges for terms of four years.
52.   Judges of the supreme court and of the court of
6  appeals shall be elected in a general election by the
7  qualified voters of the state or of the counties of the
8  district for which such court is established and at such
9  times as may be prescribed by law.
10      3.   Each judge of the supreme court or of the court of
11 appeals in office as of, or with a term starting on, January
12 1, 2027, shall hold office for the remainder of his or her
13 term after which the office shall be vacated subject to
14 election under this section and as provided by law.
15      4.   Judges of the circuit courts shall be elected in
16 the general election by qualified voters of the circuit for
17 which such court is established and at such times as may be
18 prescribed by law.
19      5.   Associate circuit judges shall be elected in a
20 general election by the qualified voters of the county of
21 which the associate circuit judge is to serve.
22      6.   Each judge elected pursuant to the provisions of
23 this article shall hold office for a term beginning January
24 first following the general election of which the judge was
25 elected and ending December thirty-first following the next
26 general election after the expiration of the judge's term of
27 office.
1Section 25(a).     Whenever a vacancy shall occur in the
2  office of judge of any of the following courts of this
3  state, to wit: The supreme court, the court of appeals, or
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4  in the office of circuit or associate circuit judge [within
5  the city of St. Louis and Jackson county, the governor shall
6  fill such vacancy by appointing one of three persons
7  possessing the qualifications for such office, who shall be
8  nominated and whose names shall be submitted to the governor
9  by a nonpartisan judicial commission established and
10 organized as hereinafter provided.   If the governor fails to
11 appoint any of the nominees within sixty days after the list
12 of nominees is submitted, the nonpartisan judicial
13 commission making the nomination shall appoint one of the
14 nominees to fill], the vacancy shall be filled at the next
15 general election in the state or district as provided by law.
1[Section 25(b). At any general election
2      the qualified voters of any judicial circuit
3      outside of the city of St. Louis and Jackson
4      county, may by a majority of those voting on the
5      question elect to have the circuit and associate
6      circuit judges appointed by the governor in the
7      manner provided for the appointment of judges to
8      the courts designated in section 25(a), or,
9      outside the city of St. Louis and Jackson
10      county, to discontinue any such plan. The
11      question of whether the circuit and associate
12      circuit judges of any such circuit shall be so
13      appointed shall be submitted to the voters of
14      each county in any circuit at the next general
15      election whenever petitions therefor signed by
16      ten percent of the legal voters of each county
17      in the circuit voting for the office of governor
18      at the last election thereof are filed in the
19      office of secretary of state at least 90 days
20      before such election. The question shall be
21      presented as follows: "Shall the circuit and
22      associate circuit judges of the ______ judicial
23      circuit be selected as provided in Section 25 of
24      Article V of the Missouri Constitution? Yes □
25      No □ (Mark One)". The provisions of law with
26      respect to initiative petitions shall apply
27      insofar as applicable relative to the
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28      certification of the petitions to local
29      officials by the secretary of state, the
30      preparation, printing, publishing and
31      distribution of the judicial ballots required by
32      this section, the holding and conduct of the
33      election, and the counting, canvassing, return,
34      certification, and proclamation of the votes.
35      If a majority of the votes upon the question are
36      cast in favor of the adoption in each county
37      comprising the circuit, the nonpartisan
38      selection of the circuit and associate judges
39      shall be adopted in the circuit. The question
40      of selection of circuit and associate circuit
41      judges in the manner provided in section 25(a)
42      shall not be submitted more often than once
43      every four years. If any judicial circuit
44      adopts the nonpartisan selection of the circuit
45      and associate circuit judges under the
46      provisions of this section, the question of its
47      discontinuance shall not be submitted more often
48      than once every four years and may be submitted
49      at any general election and shall be proceeded
50      upon insofar as may be applicable in like manner
51      as prescribed in this section for the original
52      adoption of the plan.
53The petition shall be in
54substantially the following form:
55To the Honorable Officials in
56general charge of elections for the
57county of ______ for the state of
58Missouri:
59We, the undersigned, legal voters
60of the state of Missouri, and of
61the county of ______, respectfully
62demand that the question of the
63discontinuance of the nonpartisan
64selection of the circuit and
65associate circuit judges be
66submitted to the legal voters of
67the ______ judicial circuit, for
68their approval or rejection, at the
69general election to be held on the
70______ day of ______, A.D.
7119______.
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72The ballot shall provide as
73follows:
74"Shall the nonpartisan appointment by
75the governor of the circuit and
76associate circuit judges be discontinued
77in the ______ judicial circuit?
78□ Yes
79□   No
80(Place an "X" in one square.)"
81If a majority of the votes upon
82the question are cast in favor of
83such discontinuance in each
84county comprising the circuit,
85the nonpartisan selection of the
86circuit and associate circuit
87judges shall be discontinued in
88such judicial circuit.
89If the nonpartisan selection of
90the judges be discontinued in any
91such judicial circuit, other than
92the city of St. Louis and Jackson
93county, the selection of such
94judges therein shall be made as
95otherwise prescribed by law.
96This section shall be self-
97enforcing.]
1[Section 25(c)(1). Each judge appointed
2      pursuant to the provisions of sections 25(a)-(g)
3      shall hold office for a term ending December
4      thirty-first following the next general election
5      after the expiration of twelve months in the
6      office. Any judge holding office, or elected
7      thereto, at the time of the election by which
8      the provisions of sections 25(a)-(g) become
9      applicable to his office, shall, unless removed
10      for cause, remain in office for the term to
11      which he would have been entitled had the
12      provisions of sections 25(a)-(g) not become
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13      applicable to his office. Not less than sixty
14      days prior to the holding of the general
15      election next preceding the expiration of his
16      term of office, any judge whose office is
17      subject to the provisions of sections 25(a)-(g)
18      may file in the office of the secretary of state
19      a declaration of candidacy for election to
20      succeed himself. If a declaration is not so
21      filed by any judge, the vacancy resulting from
22      the expiration of his term of office shall be
23      filled by appointment as herein provided. If
24      such declaration is filed, his name shall be
25      submitted at said next general election to the
26      voters eligible to vote within the state if his
27      office is that of judge of the supreme court, or
28      within the geographic jurisdiction limit of the
29      district where he serves if his office is that
30      of a judge of the court of appeals, or within
31      the circuit if his office is that of circuit
32      judge, or within the county if his office is
33      that of associate circuit judge on a separate
34      judicial ballot, without party designation,
35      reading:
36"Shall   __________________
37Judge
38(Here the name of the judge shall
39be inserted)
40of the   __________________
41(Here the title of the court shall
42be inserted)
43be retained in office?     Yes □   No □
44(Mark an "X" in the box you prefer.)"
45      If a majority of those voting on the question
46      vote against retaining him in office, upon the
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47      expiration of his term of office, a vacancy
48      shall exist which shall be filled by appointment
49      as provided in section 25(a); otherwise, said
50      judge shall, unless removed for cause, remain in
51      office for the number of years after December
52      thirty-first following such election as is
53      provided for the full term of such office, and
54      at the expiration of each such term shall be
55      eligible for retention in office by election in
56      the manner here prescribed.]
1[Section 25(c)(2). Whenever a declaration
2      of candidacy for election to succeed himself is
3      filed by any judge or associate circuit judge
4      under the provisions of this section, the
5      secretary of state shall not less than thirty
6      days before the election certify the name of
7      said judge or associate circuit judge and the
8      official title of his office to the clerks of
9      the county courts, and to the boards of election
10      commissioners in counties or cities having such
11      boards, or to such other officials as may
12      hereafter be provided by law, of all counties
13      and cities wherein the question of retention of
14      such judge in office is to be submitted to the
15      voters, and, until legislation shall be
16      expressly provided otherwise therefor, the
17      judicial ballots required by this section shall
18      be prepared, printed, published and distributed,
19      and the election upon the question of retention
20      of such judge in office shall be conducted and
21      the votes counted, canvassed, returned,
22      certified and proclaimed by such public
23      officials in such manner as is now provided by
24      the statutory law governing voting upon measures
25      proposed by the initiative.]
1[Section 25(d). Nonpartisan judicial
2commissions whose duty it shall be to nominate
3and submit to the governor names of persons for
4appointment as provided by sections 25(a)-(g)
5are hereby established and shall be organized on
6the following basis: For vacancies in the office
7of judge of the supreme court or of the court of
8appeals, there shall be one such commission, to
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9      be known as "The Appellate Judicial Commission";
10      for vacancies in the office of circuit judge or
11      associate circuit judge of any circuit court
12      subject to the provisions of sections 25(a)-(g)
13      there shall be one such commission, to be known
14      as "The _________ Circuit Judicial Commission",
15      for each judicial circuit which shall be subject
16      to the provisions of sections 25(a)-(g); the
17      appellate judicial commission shall consist of a
18      judge of the supreme court selected by the
19      members of the supreme court, and the remaining
20      members shall be chosen in the following manner:
21      The members of the bar of this state residing in
22      each court of appeals district shall elect one
23      of their number to serve as a member of said
24      commission, and the governor shall appoint one
25      citizen, not a member of the bar, from among the
26      residents of each court of appeals district, to
27      serve as a member of said commission, and the
28      members of the commission shall select one of
29      their number to serve as chairman. Each circuit
30      judicial commission shall consist of five
31      members, one of whom shall be the chief judge of
32      the district of the court of appeals within
33      which the judicial circuit of such commission,
34      or the major portion of the population of said
35      circuit is situated and the remaining four
36      members shall be chosen in the following manner:
37      The members of the bar of this state residing in
38      the judicial circuit of such commission shall
39      elect two of their number to serve as members of
40      said commission, and the governor shall appoint
41      two citizens, not members of the bar, from among
42      the residents of said judicial circuit to serve
43      as members of said commission, the members of
44      the commission shall select one of their number
45      to serve as chairman; and the terms of office of
46      the members of such commission shall be fixed by
47      law, but no law shall increase or diminish the
48      term of any member then in office. No member of
49      any such commission other than a judge shall
50      hold any public office, and no member shall hold
51      any official position in a political party.
52      Every such commission may act only by the
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53      concurrence of a majority of its members. The
54      members of such commission shall receive no
55      salary or other compensation for their services
56      but they shall receive their necessary traveling
57      and other expenses incurred while actually
58      engaged in the discharge of their official
59      duties. All such commissions shall be
60      administered, and all elections provided for
61      under this section shall be held and regulated,
62      under such rules as the supreme court shall
63      promulgate.]
1[Section 25(e). All expenses incurred in
2administering sections 25(a)-(g), when approved
3by the supreme court, shall be paid out of the
4state treasury. The supreme court shall certify
5such expense to the commissioner of
6administration, who shall draw his warrant
7therefor payable out of funds not otherwise
8appropriated.]
1[Section 25(f). No judge of any court in
2this state, appointed to or retained in office
3in the manner prescribed in sections 25(a)-(g),
4shall directly or indirectly make any
5contribution to or hold any office in a
6political party or organization, or take part in
7any political campaign.]
1[Section 25(g). All of the provisions of
2sections 25(a)-(g) shall be self-enforcing
3except those as to which action by the general
4assembly may be required.]
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