Supreme Court of Missouri
en banc

In re:

Repeal of subdivision 10.50, entitled "Judicial Performance Evaluation Committees;" subdivision 10.51, entitled "Membership of Committees;" subdivision 10.52, entitled "Appointment of Members;" subdivision 10.53, entitled "Terms of Members;" subdivision 10.54, entitled "Administration;" and subdivision 10.55, entitled "Duties," of Rule 10, entitled "Non-partisan Judicial Commissions and Judicial Evaluation," and in lieu thereof adoption of a new subdivision 10.50, entitled "Judicial Performance Review Committee;" a new subdivision 10.51, entitled "Membership of Committee;" a new subdivision 10.52, entitled "Appointment of Members;" a new subdivision 10.53, entitled "Terms of Members;" a new subdivision 10.54, entitled "Administration;" and a new subdivision 10.55, entitled "Duties."
1. It is ordered that subdivision 10.50, subdivision 10.51, subdivision 10.52, subdivision 10.53, subdivision 10.54, and subdivision 10.55 of Rule 10 be and the same are hereby repealed and a new subdivision 10.50, a new subdivision 10.51, a new subdivision 10.52, a new subdivision 10.53, a new subdivision 10.54, and a new subdivision 10.55 adopted in lieu thereof to read as follows:

10.50 JUDICIAL PERFORMANCE REVIEW COMMITTEE

There shall be a "Judicial Performance Review Committee" to review the performance of judges of this Court, the court of appeals, and each judicial circuit whose judges are selected pursuant to article V, sections 25(a) to (g) of the Missouri Constitution in order to evaluate the performance of the judges based on judicial performance review standards.

10.51 MEMBERSHIP OF COMMITTEE

(a) The Judicial Performance Review Committee shall consist of:


(1) One member of The Missouri Bar and one citizen not a member of The Missouri Bar from each county selecting judges of the circuit court under the provisions of article V, sections 25(a) to 25(g) of the Missouri Constitution; and

(2) One member of The Missouri Bar, one citizen not a member of The Missouri Bar, and one retired judge from each district of the court of appeals.

(b) The persons appointed to the committee shall reflect, to the extent practicable, the geographic, ethnic, racial, and gender diversity of the state. Members of The Missouri Bar shall be selected on the basis of the county where the attorney votes for the board of governors of The Missouri Bar.

(c) No member of the committee shall hold any elected public office or hold any official position in a political party.

10.52 APPOINTMENTS OF MEMBERS

(a) Initial appointment of members to the committee shall be made by this Court. Thereafter, members, other than the retired judge members, shall be appointed by the board of governors of The Missouri Bar upon nomination by members of the board, by local and regional bar associations, and by citizens who are not members of the Bar. Initial retired judge members and all retired judge members thereafter shall be appointed by this Court.

(b) In acting upon nominations, the board of governors shall give due consideration to non-partisan, merit factors, such as expertise, experience, and knowledge and to geographic, ethic, racial, and gender diversity.

10.53 TERMS OF MEMBERS

(a) Each evaluation committee member, except for the initial members appointed, shall have a term of six years.

Of the initial members appointed, seven shall have a term of two years, seven shall have a term of four years, and seven shall have a term of six years as designated by this Court.

(b) A member may be appointed to a successive six year term. Members shall not serve more than two terms either in whole or in part.

(c) If a vacancy occurs, such vacancy shall be filled for the unexpired term.

(d) A member failing to perform the duties of a member of the committee properly may be recommended for removal on a vote of not less than two-thirds of the entire membership of the committee. Such recommendation shall be communicated to the chair, who shall forward the recommendation to the board of governors. Upon a majority vote of the board that the member has failed properly to perform the duties of a member, the member shall be removed and replaced by a new member.

10.54 ADMINISTRATION

(a) There shall be a chair to preside and coordinate the work of the committee.

(b) The chair shall be appointed from the membership of the committee and shall retain the right to vote on all matters. The initial chair shall be appointed by this Court; successor chairs shall be elected by the committee.

(c) The members and the chair shall not receive compensation for their services, but they shall be reimbursed for necessary expenses by The Missouri Bar, as authorized and directed by the board of governors.

(d) A majority of members is a quorum.

10.55 DUTIES

(a) The committee is charged with the duties to:

(1) Collect information on judicial performance, including survey responses from lawyers, jurors, litigants, and other reliable sources;

(2) Review judicial performance based on performance review standards adopted by the committee;

(3) Determine whether a judge substantially meets overall judicial performance review standards by a vote of the members of the committee, showing the total votes cast for and against the proposition;

(4) Communicate the vote on the proposition to the judge before publication and provide a process for the judge to provide additional information and request a reconsideration of the vote before the vote is made public; and

(5) Release information to the public about the judicial performance review process and the final vote of the committee, to be disseminated on or before October 1 of an election year by The Missouri Bar and its affiliates in a manner designed to maximize the use of the information by the public.

(b) The Missouri Bar shall continue to provide such administrative, technological, and financial support as may be reasonably required for the judicial performance review process.

2. It is further ordered that notice of this order be published in the Journal of The Missouri Bar.

3. It is further ordered that this order be published in the South Western Reporter.

Day – to – Day

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PATRICIA BRECKENRIDGE
Chief Justice