Supreme Court of Missouri
en banc
September 30, 2010
In re:
Repeal of subdivision 10.28, entitled "Publicity," and subdivision 10.29, entitled "Action on Nominations," of Rule 10, entitled "Non-Partisan Judicial Commissions and Judicial Evaluations," and in lieu thereof adoption of a new subdivision 10.28, entitled "Publicity – Information for the Commission – Interviews," and a new subdivision 10.29, entitled "Action on Nominations."
ORDER
1. It is ordered that subdivision 10.28 and subdivision 10.29 of Rule 10 be and the same are hereby repealed and a new subdivision 10.28 and a new subdivision 10.29 adopted in lieu thereof to read as follows:
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 chairman 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 chairman of the commission. Copies of the completed questionnaire shall be provided each member of the commission prior to the meeting called for the taking of the formal action by the commission 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 chairman and the secretary. The commission or its chairman shall forthwith transmit such certificate to the Governor.
3. It is further ordered that notice of this order be published in the Journal of The Missouri Bar.
4. It is further ordered that this order be published in the South Western Reporter.
Day – to – Day
_________________________
WILLIAM RAY PRICE, JR.
Chief Justice