Supreme Court of Missouri
en banc

In re:

Repeal of subdivision 10.22, entitled “Meetings - Call - Notice - Place,” subdivision 10.28, entitled “Publicity," and subdivision 10.32, entitled "Administration of Commissions - Ethics," of Rule 10, entitled “Non-Partisan Judicial Commissions,” and adoption of a new subdivision 10.22, entitled “Meetings - Call - Notice - Place,” a new subdivision 10.28, entitled “Publicity," a new subdivision 10.32, entitled "Administration of Commissions - Ethics," a new subdivision 10.50, entitled "Judicial Performance Evaluation Committees," a new subdivision 10.51, entitled "Membership of Committees," 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," of Rule 10, entitled "Non-partisan Judicial Commissions and Judicial Evaluation."


1.  It is ordered that subdivision 10.22, subdivision 10.28, and subdivision 10.32 of Rule 10 be and the same are hereby repealed and a new subdivision 10.22, a new subdivision 10.28, a new subdivision 10.32, a new subdivision 10.50, a new subdivision 10.51, a new subdivision 10.52, a new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 of Rule 10 be adopted to read as follows:

10.22  MEETINGS - CALL - NOTICE - PLACE

(a) Meetings of a commission may be called by the chairman or a majority of the members by written or telegraphic notice to the other members specifying the date, time and place of the meeting.  Such notice shall be mailed or sent 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 chairman, 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 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.


10.28  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) No publicity shall be given by the commission of the names of persons under consideration for nomination for the reason that such publicity would tend to keep well qualified lawyers from permitting themselves to be considered and might encourage unqualified persons to enter their names to obtain public notice.  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) The commission shall publicly release information relating to the number and characteristics of the applicants prior to the meeting at which formal action is taken, but it 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.


10.32  ADMINISTRATION OF COMMISSIONS - ETHICS

The following provisions shall apply to all commissions:

(a) The public, the judiciary, and the 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, which 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 handbook for judicial nominating commissioners published by the American Judicature Society.

10.50  JUDICIAL PERFORMANCE EVALUATION COMMITTEES

(a) There shall be an "Appellate Judicial Evaluation Committee" to evaluate the performance of judges of this Court and the court of appeals based on performance standards.

(b) There shall be a "Circuit Judicial Evaluation Committee" for each judicial circuit whose judges are selected pursuant to article V, sections 25(a) to (g) of the Missouri Constitution to evaluate the performance of the judges of the circuit based on performance standards.


10.51  MEMBERSHIP OF COMMITTEES

(a) The Appellate Judicial Performance Evaluation Committee shall consist of two members of The Missouri Bar from each district of the court of appeals and two citizens, not members of the Bar, from each district of the court of appeals.

(b)  Each Circuit Judicial Evaluation Committee shall consist of six members of The Missouri Bar who reside in the circuit and six citizens, not members of the Bar, who reside in the circuit.

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


10.52  APPOINTMENT OF MEMBERS

(a) 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.

(b) In acting upon nominations, the board of governors shall give due consideration to non-partisan, merit factors, such as expertise, experience, and knowledge. The committee membership shall be reflective of the diversity of each committee's constituencies.


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, four members of each committee shall have a term of two years, four members shall have a term of four years, and four members shall have a term of six years. All terms shall expire on December 31.

(b) No member shall be appointed as his or her own successor, except for members appointed to initial terms of less than six years and members appointed to serve an unexpired term.

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

(d) A member failing properly to perform the duties of a member of the committee 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 state coordinator, 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 state coordinator appointed by the board of governors to coordinate the work of the committees.

(b) By majority vote of the membership, each committee shall designate one of its members as the chair, who shall retain the right to vote on all matters.

(c) The members and the state coordinator 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 committees are charged with the duty to:


(1) Collect information on judicial performance, including survey responses from lawyers and jurors; information on time standards; and published opinions;  


(2) Evaluate judicial performance based on performance standards, to include whether the judge is:


(A) Deciding cases based on established facts and applicable law;


(B) Explaining decisions clearly;


(C) Exhibiting proper courtroom demeanor; and


(D) Deciding cases promptly;


(3) Recommend improvements in judicial performance;



(4) Recommend improvements in judicial education;


(5) Recommend whether or not a judge should be retained and provide reasons for the retention recommendation;


(6) Communicate preliminary evaluations and recommendations to the judge and provide a process for the judge to appeal to the full committee before the evaluations and recommendations are made public; and


(7) Release summary evaluations and recommendations for publication to the public, to be disseminated on or before September 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 board of governors may authorize a committee or committees to seek also information on judicial performance from other categories of participants in the judicial process who may have personal knowledge of judicial performance.

(c) A judge may request an additional or supplemental evaluation and recommendation at any time.  Such request shall be granted in an expeditious manner.

2.  It is further ordered that the changes in subdivisions 10.22, 10.28, and 10.32 adopted by this order shall apply with respect to all vacancies announced after the date of this order.

3.  It is further ordered Rule 10 shall be entitled "Non-partisan Judicial Commissions and Judicial Evaluation."

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

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

Day – to – Day

_________________________
LAURA DENVIR STITH
Chief Justice