10  NONPARTISAN JUDICIAL COMMISSIONS AND JUDICIAL PERFORMANCE REVIEW

10.01  DEFINITIONS

For purposes of this Rule 10, unless the context otherwise requires, the following terms and phrases mean:

(a) "Commission," any nonpartisan judicial commission now or hereafter existing under article V, sections 25(a)-(g) of the Missouri Constitution;

(b) "Member," includes the chair of a commission, except where otherwise specified;

(c) "Members of The Missouri Bar in good standing," includes inactive members of The Missouri Bar; and

(d) "Nonpartisan court plan," article V, sections 25(a)-(g) of the Missouri Constitution.

10.02  MEMBERSHIP OF COMMISSIONS

For purposes of filling judicial vacancies in this Court or the court of appeals, there shall be a commission known as "The Appellate Judicial Commission," which shall consist of a Supreme Court judge selected by the members of this Court; one member of The Missouri Bar from each court of appeals district, elected by the members of The Missouri Bar residing in each such district; and one citizen, not a member of The Missouri Bar, from 

each court of appeals district, appointed by the governor.

For purposes of filling judicial vacancies in any other court of record subject to the provisions of article V, sections 25(a)-(g) of the Missouri Constitution, there shall be a commission known as "The ______ Circuit Judicial Commission" for each judicial circuit subject to the provisions of sections 25(a)-(g) that shall consist of the chief judge of the court of appeals district within which the judicial circuit, or the major portion of the population of such circuit, is situated; two members of The Missouri Bar residing in the judicial circuit of each such circuit judicial commission, elected by the members of The Missouri Bar residing in each such judicial circuit; and two citizens, not members of The Missouri Bar, who are residents of each such judicial circuit, appointed by the governor.

No member of any commission referred to above, other than a judge, shall hold any public office, and no member of any such commission shall hold any official position in a political party.

10.03  TERMS OF OFFICE OF MEMBERS

Subject to Rule 10.04, the term of office of elective and appointive members of any commission shall be six years. The respective current terms of the elective and appointive members of the presently existing commissions will expire on December 31 of the following years:

APPELLATE JUDICIAL COMMISSION

EACH CIRCUIT JUDICIAL COMMISSION

Each six-year term shall begin at the expiration of the term that immediately preceded it.

10.04  CIRCUIT JUDICIAL COMMISSIONS – TERMS OF OFFICE OF MEMBERS

Whenever any new circuit judicial commission comes into existence, the terms of office of the first elective and appointive members shall begin when all of the first elective and appointive members of such commission have been duly chosen and shall respectively expire on December 31 of the third, fourth, fifth, and sixth years following the year in which the general election was had that resulted in the nonpartisan court plan applying to such circuit, as follows:

10.05  TERMS OF ELECTIVE AND APPOINTIVE MEMBERS – VACANCIES – OATH

(a) Elective and appointive members of any commission shall hold office for the terms for which they were elected or appointed and until their respective successors are duly chosen. However, no member, except one serving out the unexpired term of another, shall be appointed or elected as his or her own successor. When a vacancy occurs in the office of any elective or appointive member of a commission, such vacancy shall be filled by election or appointment, as the case may be, for the unexpired term.

(b) All elective and appointive members of any commission shall, before entering upon their duties, take an oath to support the state and federal constitutions, to demean themselves faithfully while in office, and to not disclose or reveal any information they obtain as a result of any matter brought before the commission. Such oath of office shall be administered by the chair of the commission to each member before that member can carry out his or her duties under these rules.

10.06  ELECTIONS

A regular election shall be held on the first Wednesday of November in any year at the end of which the term of an elective member of a commission will expire, for the purpose of electing a member for the next succeeding term.

10.07  SPECIAL ELECTIONS

A special election to fill a vacancy for the unexpired term of any elective member of a commission, or to elect the first elective members of a newly created circuit judicial commission, may be held at any time upon being called by the Chief Justice of this Court or by this Court itself; provided that: (a) no special election to fill a vacancy for an unexpired term shall be called for a date that is 60 days or less before the end of such unexpired term; and (b) the call of such election shall be made not less than 60 days before the date fixed for the election. Special elections to fill a vacancy may be called for the same date as the date for a regular election and combined with a regular election. An election shall be deemed called when the call thereof (whether in the form of an order of this Court or a call signed by the Chief Justice) has been filed with the clerk of this Court. The clerk of this Court shall, promptly upon the filing of any call of a special election, send a certified copy thereof to the clerk of the court in whose office such election is to take place. Every call of a special election shall be a public record, and this Court or the Chief Justice may give such further publicity thereto as deemed fit.

10.08  JUDICIAL COMMISSION – ELECTION OF MEMBERS

Elections for elective members of The Appellate Judicial Commission shall be held in the office of the clerk of the court of appeals for the district from which an elective member is to be elected. Elections for elective members of any circuit judicial commission shall be held in the office of the clerk of the circuit court of such circuit. If such circuit shall consist of more than one county, it shall be held in the office of the clerk of the circuit court for the county in such circuit which has, according to the last decennial census of the United States, a larger population than any other county in the circuit.

10.09  ELECTIONS – DUTIES OF CLERK

The clerk conducting an election shall use electronic voting and distribution of ballots under procedures developed in conjunction with the state courts administrator and approved by this Court.

10.10  NOMINATIONS – PETITIONS

(a) This Court shall approve a nominating petition, and such petition shall be used by a candidate.

(b) A candidate may have his or her name printed on the ballot by submitting a valid nominating petition and biographical sketch to the clerk in whose office the election is to be held, in the manner prescribed by such clerk, provided that said petition and biographical sketch is received by the clerk not later than 30 days before the election. A candidate's biographical sketch shall not exceed 300 words and shall not include images such as photographs.

(c) In the case of a member of The Appellate Judicial Commission to be elected from a court of appeals district, the nominating petition must be signed by not less than 20 members of The Missouri Bar in good standing residing in such district, at least 10 of whom do not reside in the same judicial circuit as the candidate.

(d) In the case of a member to be elected to a circuit judicial commission, the nominating petition must be signed by not less than 20 members of The Missouri Bar in good standing residing in such circuit if the circuit contains, according to the last decennial census of the United States, 400,000 or more inhabitants, and by not less than 10 if the circuit contains fewer than 400,000 such inhabitants.

(e) If any member of The Missouri Bar has signed a petition for a candidate for a particular office and term and such petition has been received by the clerk as above provided, his or her signature on any petition for another candidate for the same office and term shall not be counted, unless the first candidate has died, become disqualified, or given written 

notice to the clerk of his or her withdrawal as a candidate. 

(f) Rule 10.10 shall not apply to run-off elections.

10.11  VOTER ELIGIBILITY

To be eligible to vote in the election, an individual must possess the qualifications specified by the Missouri Constitution and be a member of The Missouri Bar residing in the court of appeals district or the circuit, as the case may be, in which the election is being held.

10.12  PROCEDURES FOR ELECTRONIC BALLOTING 

(a) Initiation of Electronic Voting Preparations. If possible, at least five months before the election, the clerk responsible for the election of a member of a judicial commission shall notify the office of state courts administrator that an election is to take place. The clerk shall identify the date of the election. The office of state courts administrator shall create the election database and shall instruct the election administrators in the court conducting the election as to their duties for set-up of the election.

(b) Certification of Electronic Voter File. Not fewer than 45 days nor more than 60 days before the election, upon this Court's request, The Missouri Bar shall certify to this Court and the office of state courts administrator the electronic file of lawyers eligible to vote in the election. The file shall contain the name, Missouri Bar ID number, and password (also known as personal identification number or PIN), address, county of residence, and e-mail address for all lawyers eligible to vote.

The certified file shall control eligibility to vote electronically. No additions to the electronic file of eligible voters shall be made after the date the voter file is certified unless good cause is shown. Upon confirmation from this Court's office of attorney enrollment, newly sworn lawyers and lawyers who changed their residential address to a location within the court of appeals district or the circuit, as the case may be, may be added to the electronic file of eligible voters.

The office of state courts administrator shall load the voter file into the electronic election software application not less than seven days prior to the close of candidate filing for the election and shall cooperate with the clerk conducting the election to ensure that an appropriate number of postcard notices required by paragraph (i) will be available. The office of state courts administrator shall send this Court and the clerk conducting the election a confirmation that the number of voter records loaded matches the number of voters provided in the voter file.

(c) Ballots. The clerk shall prepare electronic ballots containing the names, counties of residence, and biographical sketches of all qualified candidates. There will be no paper ballots printed or used in the election except for those individuals receiving an accommodation under the Americans with Disabilities Act.

(d) Notification of Electronic Election. Prior to the close of candidate filing for the election, the clerk conducting the election shall send one or more e-mail announcements of the upcoming election to all lawyers whose e-mail addresses appear in the voter file provided by The Missouri Bar. All e-mail announcements shall provide notice of the web address that will be used for electronic voting and the names and telephone numbers of contact persons at the clerk's office. 

Candidate names shall not be provided in notification e-mails prior to the close of candidate filing.

Not later than 10 days after the close of candidate filing, the clerk conducting the election shall send all lawyers with e-mail addresses in the voter file an e-mail announcement that the voting period is open. In addition to the information contained in earlier e-mails, the e-mail announcement shall include the names of the candidates and their biographical sketches. At the same time, the clerk shall arrange for the mailing of postcard notices in accordance with procedures set forth in paragraph (i) to voters without e-mail addresses.

During the voting period, the clerk may send additional e-mail reminders of the availability of electronic voting.

(e) Voter Credentials. The Missouri Bar ID number and The Missouri Bar PIN used for access to The Missouri Bar's secure members-only website shall be used to confirm eligibility to vote electronically. The electronic election software shall not allow anyone to access the ballot who does not enter The Missouri Bar ID number and PIN that were certified in the electronic voter file.

After the lawyer has cast one vote electronically, the software shall prevent any further access to the ballot by that ID and PIN. Appropriate error messages shall be displayed to anyone attempting to vote who does not appear in the voter file or who has already voted.

The Missouri Bar shall answer questions from lawyers about their own ID numbers and PINs.

(f) Voting Period. The voting period shall begin not later than 10 days after the last date that candidates may file a nominating petition. Voting shall end at 11:59:59 p.m. the Tuesday before the date of the election set forth in Rule 10.06. The election software application shall prevent voting after that time.

(g) Confidentiality of Electronic Voting. The electronic election software shall prevent election administrators from viewing or printing the votes cast for candidates until after the close of the electronic voting period. Only the final vote tabulation will be viewable or printable by the election administrators. The software shall not provide a list of voters with their corresponding votes. Except for the voter, no other person shall reveal if a person has or has not voted. Whether a person has or has not voted shall be confidential.

(h) Write-in Candidates. Except for a runoff election, the electronic election software shall allow voters to write in a candidate. After the voting period ends, the software shall provide a list of write-in candidates that displays the exact information that voters entered on their ballots.

(i) Postcard Notices to Voters Without E-mail Addresses or Identified After the Electronic Voter File Is Certified. The clerk conducting the election shall arrange to mail postcard notices to lawyers in the voter file without an e-mail address. The mailing to lawyers without e-mail addresses in the voter file shall occur not later than 10 days after the last date that candidates may file a nominating petition and not later than the e-mail notice that includes candidate names.

The postcard notification shall inform the voter of the election, the dates for voting, and the web link where a vote may be cast electronically. The postcard also shall contain information on how to receive an accommodation under the Americans with Disabilities Act.

(j) Vote Counting. After the voting period concludes, the election software shall allow election administrators to view and print lists of the number of votes cast electronically for each candidate.

The clerk conducting the election shall count the ballots on the day after the voting period concludes, and the vote totals shall be announced when the tabulation process is complete. Within 10 days after the election, the clerk shall certify the document containing the election results to the secretary of state and the clerk of this Court.

(k) Run-Off Elections. If the clerk conducting the election determines that a run-off election is required, the office of state courts administrator shall be notified, and the election shall be managed under the procedures set forth for the initial election, except that write-in candidates shall not be allowed.

(l) Retention of Ballots. Electronic ballots and related documentation in the electronic election software shall be retained for a period of six months after the completion of the election canvass. At the end of the six months, unless directed otherwise by this Court, the clerk conducting the election shall direct the office of state courts administrator to delete the election database containing the ballots for the election. The clerk shall destroy all documents except the total vote at the same time that the office of state courts administrator deletes the electronic database for the election.

10.13  PAPER BALLOTS

If a paper ballot is necessary for an accommodation under the American with Disabilities Act, the clerk shall prepare the ballots as follows:

The ballots shall be numbered consecutively. A signature card bearing the same number shall accompany each ballot.

The ballots shall designate each office and term to be filled. The ballot shall contain the names, counties of residence, and the biographical sketches of all qualified persons who have been nominated for such office and term who have not, before the printing of the ballots, given written notice to the clerk of their withdrawal as candidates. The ballot shall also provide one blank line for each such office and term on which the voter may write the name of any qualified person for whom the voter desires to vote. A box or square shall be printed alongside each name and each such blank line for the use of the voter in indicating the voter's choice.

The signature cards shall contain a printed certification to the effect that the voter is a member of The Missouri Bar in good standing who resides in the court of appeals district or the circuit, as the case may be, in which the election is being held. The signature cards also shall contain blanks for the voter's signature and residence address.

The completed ballots and signature card shall be mailed to or deposited with the clerk in whose office the election is to be held. If a ballot is not accompanied by a signature card signed by the voter, it shall not be counted. Only those ballots received by the clerk before 5:00 p.m. on the final day of the voting period in Rule 10.12 shall be counted. Ballots shall be voted by placing a mark in the box alongside the name of the person for whom the voter desires to vote.

10.14  CANVASS OF PAPER BALLOTS – CERTIFICATION OF RESULTS – DISPOSITION OF PAPER BALLOTS

If there are paper ballots cast in the election, there shall be at least three canvassers, two or more of whom shall be members of The Missouri Bar or judges of the court in the office of whose clerk the election is to be held. The third member may be the clerk of the court in whose office the election is held, the clerk's designee or another member of The Missouri Bar, or a judge of the court in which the election is being held. The canvassers shall canvass the ballots and tabulate and sign the results. Once tabulated, paper ballot results shall be included with the electronic vote count in Rule 10.12.

Upon completion of the canvass, the clerk shall place all ballots in one package and all signature cards in another and shall retain them in his or her office for a period of six months. The clerk shall not permit any person to inspect them except upon an order of this Court. At the end of such six months period he or she shall, unless otherwise ordered by this Court, destroy such ballots and signature cards. The clerk and other canvassers shall not disclose how any voter cast his or her ballot except upon an order of this Court, or in the course of giving evidence lawfully required.

10.15  RUN-OFF ELECTION – SPECIAL ELECTION

If at any election any candidate receives a majority of all of the valid votes cast for a particular office and term, he or she shall be deemed elected. If no candidate receives a majority, there shall be a run-off election, except that, if before the time for holding such run-off election, all or all but one of the candidates entitled to have their names printed on the ballots at such run-off election have died, become disqualified, or given written notice of their withdrawal to the clerk in whose office the election was held, there shall be no run-off, but there shall be a special election for the office and term in question.

10.16  RUN-OFF ELECTION – NAMES ON BALLOTS

The candidates entitled to have their names printed on the ballots at a run-off election, and no others, shall be as follows: (1) if the first election resulted in a tie for first place between two or more candidates, then said two or more candidates; or (2) the two candidates who received, respectively, the highest and next highest number of votes at said election; or (3) if one candidate stood in first place and two or more other candidates tied for second, then all of those who stood in first and second place. The names of those candidates who give written notice to the clerk of their withdrawal as candidates before the printing of the ballots shall not be printed on the ballots for a run-off election. No blank line for the writing in of a name shall appear on such ballot.

10.17  RUN-OFF ELECTION – TIME FOR HOLDING

When a run-off election is required by this Rule 10, it shall, without any call thereof, be held on the day that is five weeks from the date of the election that made such run-off necessary, unless such day be a legal holiday, in which case it shall be held on the next day that is not a Saturday, Sunday, or legal holiday.

10.18  RUN-OFF ELECTION – RESULTS

The candidate receiving the greatest number of votes in the run-off election shall be declared elected. In the event of a tie vote in such run-off election, a further run-off election shall be held under the provisions of Rule 10.17.

10.19  NO PERSON ELECTED – SPECIAL ELECTION

If no candidate is elected at any election or run-off election in circumstances in which no run-off, or further run-off, election is required by this Rule 10 (as, for example, if the candidate receiving a majority of all the valid votes cast dies before the election is complete), there shall be a special election for the office and term in question.

10.20  REPEALED

10.21  MEETING – MAJORITY CONCURRENCE

A commission shall act only at a meeting duly called pursuant to Rule 10.22 and may act only by the concurrence of a majority of its members.

10.22  MEETING – CALL – NOTICE – PLACE

(a) Meetings of a commission may be called by the chair or a majority of the members by written notice to the other members specifying the date, time, and place of the meeting. Such notice shall be sent out at least five days before the time specified, except that a meeting may be held on shorter notice if the notice specifies that the meeting will be an emergency meeting. The place of meeting specified in the notice may, in the case of any circuit judicial commission, be any place in the circuit, and, in the case of The Appellate Judicial Commission, any place in the state, if called by the chair, and otherwise in Jefferson City. Notice of the meeting may be waived by any member or members either before or after the meeting takes place, and attendance at a meeting by any member shall constitute a waiver of notice by such member unless he or she shall, at or promptly after the beginning of such meeting, object to the holding of the meeting on the ground of lack of or insufficiency of notice.

(b) Meetings of any commission may be held without notice to the members at any time or place whenever the meeting is one as to which notice is waived by all members or whenever the commission at a previous meeting shall have designated the time and place for such meeting.

(c) Notice of the date, time, and place of meetings shall be made public at least 24 hours before the meeting unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.

10.23  CHAIR

Each commission shall choose one of its members as chair. The chair shall preside at any meeting at which he or she is present; in his or her absence, the commission shall choose a member to act as temporary chair.

10.24  SECRETARY

Each commission shall choose one of its members as secretary. It shall be the duty of the secretary to prepare and keep the minutes of all meetings. In the secretary's absence, the commission shall choose a member to be acting secretary.

10.25  MINUTES

The minutes shall record the names of the members present, any objections to the holding of the meeting on the ground of lack of or insufficiency of notice, any and all action taken by the commission, and any other matters that the commission deems appropriate.

10.26  VACANCIES

When it is known that a vacancy will occur at a definite future date, the commission may, within 60 days of said date, make its nominations and submit to the governor the names of the persons nominated before the occurrence of the vacancy.

The purpose of this rule is to facilitate the administration of justice by preventing delay in filling court vacancies.

10.27  NOMINEES AND NOMINATIONS

Each commission shall select the three best qualified nominees. Accordingly, the commission should not limit its consideration to persons who have been suggested by others or to persons who have indicated their willingness to serve. The commission may, if it sees fit to do so, tender nomination to one or more qualified persons, prior to, and subject to, the formal action by the commission in making its nominations, in order to ascertain whether such a person will agree to serve if nominated.

10.28  PUBLICITY – INFORMATION FOR THE COMMISSION – INTERVIEWS

(a) When a vacancy occurs or when it is known that a vacancy will occur at a definite future date, the chair shall publicize the same and solicit the submission of names of individuals qualified for such vacancy. When the commission announces that it is accepting applications, it shall encourage members of the public to nominate well qualified candidates for the commission to consider. Prior to the meeting of the commission, an appropriate questionnaire shall be sent to each person whose name is proposed, to be completed and returned to the chair of the commission. Copies of the completed questionnaire shall be provided to each commission member prior to the meeting called for the commission to take formal action in making its nominations.

(b) Except as provided in Rule 10.28(d), no publicity shall be given by the commission of the names of persons under consideration for nomination. The commission may submit the names of applicants to others on a confidential basis for the purpose of securing appropriate background information to the extent authorized by the applicants' signed written waivers.

(c) Any meeting called for the purpose of taking formal action in making nominations necessarily involves discussion of applicants' personal information and shall, therefore, be a closed meeting. All matters discussed at said meeting, except the matters contained in the certificate of nomination, shall be kept confidential.

(d) Prior to any meeting called to take formal action in making nominations, the commission will select from all the applicants those it will interview. Each of the selected applicants shall be interviewed by the commission as a whole, and those interviews shall be public. The names of those to be interviewed, the time and place of the public interviews, and information relating to the number and characteristics of all applicants shall be released prior to the public interviews. Other than the names of the persons it selects to interview, the commission shall not release any personally identifiable information about any person not included in the certificate of nomination.

(e) Within 72 hours of submitting the certificate of nomination, the commission shall transmit to the governor the applications and other information submitted to the commission pertaining to the persons contained in the certificate of nomination. Within the same time, the commission shall make public a copy of the applications submitted by the persons included in the certificate of nomination, but with personal or confidential information redacted.

10.29  ACTION ON NOMINATIONS

The action of the commission in making nominations with respect to any vacancy shall be taken only at a meeting, and the voting on persons under consideration shall be by secret ballot. When a decision as to the three nominees has been reached, it shall be evidenced by the execution of a certificate of nomination (which may be in the form of a communication to the governor), setting forth the nominations made and the number of commissioners supporting each person nominated, signed on behalf of the commission by the chair and the secretary. The commission or its chair shall forthwith transmit such certificate to the governor.

10.30  WITHDRAWAL OF NOMINATIONS – VACANCIES

At any time after the governor has received a certificate of nomination but has yet to make an appointment, the commission may withdraw the name of any nominee for any cause the commission deems to be of such a substantial nature as to affect the nominee's qualifications to hold the office, and the commission may submit the name of another nominee as a substitute.

Whenever two or more vacancies exist at the same time in the same court and the commission has submitted to the governor separate certificates of nomination for each of such vacancies, the commission may, in its discretion, before the governor makes an appointment, withdraw all of such nominations, change the name of any such nominee from one certificate to another, or substitute the name of a person for any of those previously nominated when a name has been withdrawn for cause, and resubmit the certificate of nomination as so changed.

If any nominee dies or requests the commission in writing to withdraw his or her name, the commission shall withdraw such nomination and substitute another nominee to replace him or her.

The commission may withdraw a nomination and submit a new nomination only at a meeting and only by the execution of a certificate of withdrawal of nomination and a certificate of new nomination (both of which may be in the form of a communication to the governor), signed by the chair and secretary on behalf of the commission. If the nomination being withdrawn has been submitted to the governor, the commission's chair shall forthwith notify the governor in writing of the commission's action and transmit the certificates of withdrawal and new nomination to the governor. The commission's chair or a majority of its members may call a meeting to consider the withdrawal of nominations. The withdrawal of nominations may be made at the same meeting at which they were made or at any later meeting, and such action may be proposed by any commission member.

Nothing herein contained shall be deemed to impose upon the commission, nor shall it recognize, any obligation whatsoever to reconsider or withdraw any nomination except in the instances and for the reasons herein expressed.

10.31  CANDIDACY AND SELECTION OF JUDGES

The conduct of candidates for any judicial office to be filled pursuant to article V, sections 25(a)-(g) of the Missouri Constitution shall be governed by and be in accordance with the applicable provisions of the Rules of Professional Conduct and the Canons of Judicial Ethics. In particular, the aspiration of lawyers for judicial position should be governed by an impartial estimate of their ability to add honor to the office and not by a desire for the distinction the position may bring to themselves. If a judge, or a person in an office of a judicial nature, becomes a candidate, he or she should refrain from all conduct that might tend to arouse reasonable suspicion that he or she is using the power or prestige of his or her judicial position to promote his or her candidacy. He or she should not permit others to do anything in behalf of his or her candidacy that would reasonably lead to such suspicion.

It is the duty of The Missouri Bar to endeavor to prevent partisan considerations, political or otherwise, from outweighing judicial fitness in the selection of judges. The Missouri Bar should protest earnestly and actively against the selection of those who are unsuitable for the bench.

10.32  ADMINISTRATION OF COMMISSIONS – ETHICS

The following provisions shall apply to all commissions:

(a) The public, the judiciary, and The Missouri Bar shall be permitted to provide comments regarding the nomination of any individual. Comments may be made in writing or orally.

(b) A copy of all written communications between a commission member and any other person or organization regarding the qualifications or potential nomination of any candidate shall be provided to all other commission members.

(c) All oral communications between a commission member and any other person or organization regarding the qualifications or potential nomination of any candidate shall be summarized in writing by the commission member, and a copy of the summary shall be provided to all other commission members.

(d) All communications between a commission member and any other person or organization shall be deemed confidential and not disclosed to anyone not a member of the commission, except as otherwise provided in this Rule 10.

(e) If a commission member is aware of any possible conflict of interest he or she has with a candidate or if, for any reason, a commission member is unable to vote on any candidate solely in accordance with the relative merits of that candidate, the commission member shall disqualify himself or herself or report the same to the other commission members.

(f) The commission shall actively seek out and encourage qualified individuals, including women and minorities, to apply for judicial office. The commission shall further take into consideration the desirability of the bench reflecting the racial and gender composition of the community. Each commission member, however, shall cast his or her votes solely in accordance with the relative merits of the applicants so as to select the three best qualified nominees.

(g) Each commission shall adopt:

(1) A uniform application form similar to that used by The Appellate Judicial Commission;

(2) Rules for voting, available in advance to the candidates, that shall prohibit cumulative voting whereby a commission member casts multiple votes on the same ballot for the same candidate; and 

(3) Policies to provide professional training for each commission member, shortly after appointment, concerning the member's constitutional, statutory, and other duties, including familiarization with the Missouri Judicial Nominating Commission Guidelines for Interviewing.

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)-(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)-(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  APPOINTMENT 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 Missouri 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 nonpartisan, merit factors, such as expertise, experience, and knowledge and to geographic, ethnic, racial, and gender diversity.

10.53  TERMS OF MEMBERS

(a) Each 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 committee's work.

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

(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 committee members;

(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.

Day – to – Day

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PAUL C. WILSON

Chief Justice