Supreme Court of Missouri
en banc
December 14, 2009
In re: Repeal of subdivision 10.28, entitled “Publicity," of Rule 10, entitled “Non-Partisan Judicial Commissions and Judicial Evaluation,” and adoption of a new subdivision 10.28, entitled “Publicity."
ORDER
1. It is ordered that subdivision 10.28 of Rule 10 be and the same is hereby repealed and a new subdivision 10.28 adopted in lieu thereof to read as follows:
10.28 PUBLICITY
(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. 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. The names of those to be interviewed and information relating to the number and characteristics of all applicants shall be released prior to the meeting at which formal action is taken. 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.
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