As President Shelton would say, I am proud to be a Missouri lawyer. I am proud to be a Missouri judge. And I want to talk with you today about why we can all be proud of our Missouri courts and encourage you to think about your role in making our courts worthy of the trust and confidence of Missouri citizens. 

One of the best things about being a Missouri lawyer or judge is the privilege of working with individuals who understand that the law is not just a job – it is a profession. I believe it is a higher calling.

We are different from most countries – our judicial system is a coequal branch of government. Our courts are where citizens can go to peaceably resolve their disputes and where their constitutional rights are protected. We only have to turn on the television to see the stark contrast with other parts of the world 

We can be thankful for our forefathers’ design, but what truly makes our system of justice work as it was intended is our people.   

Day in and day out, in courtrooms around the state, attorneys, judges and court staff handle hundreds of thousands of cases without fanfare. To the people involved, those cases are very important and should remind us that our judicial system was designed for the fair and impartial resolution of every case.     

So we can be proud that justice in this state matters. It is incumbent on each of us to make our courts worthy of the trust and confidence of all Missourians.  

There are lawyers and judges in every corner of the state who have been role models for the right way to be a lawyer or a judge and whose actions foster our respect for Missouri courts. Think of who has inspired you to excellence.

One person who has always inspired me is my husband Bryan, who is with me today. He is the best kind of lawyer – honorable, incredibly hard-working, committed to serving his clients well, and passionate about helping his community. Bryan helps me keep in touch with the issues lawyers face daily. And while he is so supportive of me, he also gives me very frank and honest feedback. Like many of you, his opinion of my published decisions varies depending on whether he agrees with my result.

One person who has inspired not just me but generations of lawyers is Frankie Freeman. I am delighted she is with us today to be honored by The Missouri Bar. Ms. Freeman, you are a true legend – you embody everything that is right about our legal profession. Thank you for all that you have done.

My early lessons about the legal profession came from the long-time circuit clerk of Vernon County, Bernice Dobson – many of us who practiced there say “we were raised by Bernice.”  She let us know that, in her court, professional, courteous behavior was not only expected but also required. In no uncertain terms, she called out any lawyer who did not live up to that standard.

Besides teaching me about professionalism and other practical things – like how to file a pleading and call it up for a hearing – Bernice taught me an important life lesson. She taught me that anyone and everyone, if they care to do so, can positively influence the conduct of others. Through the standards she set, Bernice established a culture in the Vernon County court that valued the judicial system, the law and the litigants.  

What kind of culture are you establishing in your court and legal community?

Judges, if the culture you establish in your court is that justice truly matters, then others will live up to that standard of excellence. Likewise – attorneys – if you treat your clients, your colleagues and your opposing counsel professionally and with respect, they will respect not only you but also the legal system.  

As members of the bench and bar, you should also seek to inspire the newer members of our profession – and those who should be encouraged to enter our profession. We are privileged to have some of those maybe-someday-lawyers with us today. These are 12 outstanding government students from the St. Louis area, chosen to be here today by their teachers. Please stand and be recognized. I hope during your time with us you have learned that the courts and the law are essential to our lives; law is an area where people truly can make a difference.

There is much we can be proud of in our Missouri courts and legal profession, but despite outstanding work done in most of our courts, there remains room for improvement. Whether the need for change is great or small, we can be proud of those with creative ideas for tackling the challenges we face and who work hard to find solutions to make Missouri courts better for everyone.    

And find solutions we must. The department of justice this year filed two reports – one focused on Ferguson, the other on the St. Louis County juvenile division.

The department of justice in its juvenile report raised issues including racial disparity in the disposition of cases; insufficient legal representation for juvenile offenders; and questions about our juvenile court structure. While some of these issues may be pervasive throughout the country, this does not diminish them. So we are carefully studying the report to determine what changes are appropriate.

Many talented judges, lawyers and community leaders are also exploring issues raised in the department of justice report about Ferguson.

When constitutional changes restructured the Missouri judicial system in 1979, freestanding municipal courts became divisions of the circuit court but were not fully brought into the state system. Instead, the law left the selection of judges to the municipalities. The law also left to the municipalities the choice of whether to send cases to the associate circuit division or whether to have a separate municipal division. So in reality, the municipal divisions in many ways have functioned autonomously from the circuit courts.

But they are, in fact, part of our Missouri circuit courts. They may be the only kind of court most Missourians encounter. Last year, more than 1.5 million municipal cases were disposed – twice as many cases as in all other circuit divisions. In our local communities, the municipal division may be the face of our entire justice system.

The municipal divisions in the St. Louis area were thrust into the national spotlight after Michael Brown’s death in Ferguson last year, resulting in a department of justice report. It included 20 pages criticizing the Ferguson municipal division. If you have not read the report, you should – it is disturbing.

The report identified problems with the court’s fundamental procedures and operations – like imposing unwritten rules or rules made up on an ad hoc basis. The department of justice also criticized the Ferguson court’s practice of mandating appearances for more than 200 offenses – even minor ordinance violations like defective equipment and “failure to dispose of leaf debris.”

Much of the report alleged countless examples of abuses of police power. The municipal division failed to be a check on those abuses.

The department of justice report further identified race-based disparities in the treatment of defendants, noting these disparities “are not isolated or aberrational; rather, they exist in nearly every aspect of Ferguson … operations.”

Let me be clear:  That conduct is not acceptable in our Missouri courts. We will do all that we can to ensure that it does not continue.  

Although we recognize that the issues raised by the department of justice may not be confined to Ferguson, I believe the vast majority of Missouri’s municipal divisions work well – day in and day out, they follow the rules correctly and dispense justice fairly. Nevertheless, the Supreme Court is committed to restoring trust in all our municipal divisions, and we have taken steps to help regain the public’s confidence. 

We amended our rules to require that municipal judges consider an indigent defendant’s ability to pay any fine and costs imposed. We worked with the circuit court to assign appellate Judge Roy Richter to hear all of Ferguson’s municipal cases.

We can be proud of Judge Richter for the manner in which he presided over dockets in Ferguson. By treating all defendants fairly and courteously and making sure they understood their rights, he began to change the culture of that court. Please rise, Judge Richter, so we can thank you.

We also can be proud that another small group of judges and others – from within municipal divisions of St. Louis County – took the initiative to be agents for change. Led by Overland Municipal Judge Frank Vatterott, the St. Louis County Municipal Improvement Committee encouraged other municipal judges in the county to make sure the culture of their municipal divisions mirrors that of the rest of the judiciary – where the rules and proceedings are public and fair and properly administered according to the law.  

Thanks to their hard work, changes have occurred. It has been made clear to St. Louis County municipal judges that their divisions are required to be open to all the public. There is improved access to information and a uniform fine schedule that eliminates the exorbitant fines assessed in some cities. The committee has worked with Presiding Judge Maura McShane and is a finalist for a $10 million MacArthur Foundation grant intended to reduce the level of incarceration for nonviolent offenders and to establish a county-wide community service program for defendants who are unable to pay fines.  

We can be proud of the work of the St. Louis County Municipal Improvement Committee. As American anthropologist Margaret Mead said, “Never doubt that a small group of thoughtful committed citizens can change the world. Indeed, it is the only thing that ever has.” 

Despite our progress, more remains to be done. The Supreme Court looks forward to receiving the report of its municipal division work group, which continues to gather and study information to identify the most important findings and recommendations for action.

We all need to do everything we can to ensure that every individual in every case in our system of justice is treated with respect and has his or her case adjudicated fairly and impartially according to the law. Until that is true in 100 percent of our courts, we cannot rest. Even a perception of justice denied anywhere should concern us all, no matter who or where we are.

To that end, I am pleased to announce the Supreme Court has established a Commission on Racial and Ethnic Fairness. Judge George Draper and Missouri Bar President Reuben Shelton have been instrumental  and inspirational in forming the commission and will serve as liaisons. The commission is made up of attorneys and judges representing diverse experiences and viewpoints from across the state.  

Dr. Martin Luther King Jr. once said: “The ultimate measure of a man is not where he stands in moments of comfort, but where he stands at times of challenge and controversy.”

Today – whether you are from St. Louis County or Nevada, Missouri, whether you practice in the juvenile division or are working to have your municipal case disposed, whether you are a member of one of Missouri’s Asian or Hispanic bar associations or you represent ethnically diverse clients in any part of the state – no matter who you are, where you live or what kind of law you practice, we all must stand together in ensuring the culture of our profession is one that earns public trust and confidence.

Be proud of the people who make our legal system work. Be proud of efforts to improve the administration of justice in this state. Be proud of actions that demonstrate our commitment to making Missouri courts better for everyone.

Thank you.