First Adopted: February 01, 1972
Most Recently Effective: January 01, 2024
Rule 10 | Rules Governing the Missouri Bar and the Judiciary | Nonpartisan Judicial Commissions and Judicial Performance Review
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those previously nominated when a name has been withdrawn for cause, and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 If the nomination being withdrawn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.
(Adopted February 1, 1972, effective September 1, 1972. Amended May 23, 2023, effective January 1, 2024.)