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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE JOINT RESOLUTION NO. 122
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
7358S.01I KRISTINA MARTIN, Secretary
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment repealing sections 16, 19, 25(a),
25(b), 25(c)(1), 25(c)(2), 25(d), 25(e), 25(f), and 25(g) of article V of the Constitution
of Missouri, and adopting three new sections in lieu thereof relating to judges.
Be it resolved by the Senate, the House of Representatives concurring therein:
That at the next general election to be held in the 1
state of Missouri, on Tuesday next following the first Monday 2
in November, 2026, or at a special election to be called by 3
the governor for that purpose, there is hereby submitted to 4
the qualified voters of this state, for adoption or 5
rejection, the following amendment to article V of the 6
Constitution of the state of Missouri:7
Section A. Sections 16, 19, 25(a), 25(b), 25(c)(1), 1
25(c)(2), 25(d), 25(e), 25(f), and 25(g), article V, 2
Constitution of Missouri, are repealed and three new sections 3
adopted in lieu thereof, to be known as sections 16, 19, and 4
25(a), to read as follows:5
Section 16. Each county shall have such number of 1
associate circuit judges as provided by law. There shall be 2
at least one resident associate circuit judge in each 3
county. Associate circuit judges shall be [selected or] 4
elected in each county. [In those circuits where the 5
circuit judge is selected under section 25 of article 5 of 6
the constitution the associate circuit judge shall be 7
selected in the same manner. All other associate circuit 8
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judges shall be elected in the county in which they are to 9
serve.] 10
Section 19. 1. Judges of the supreme court and of the 1
court of appeals shall be [selected] elected for terms of 2
twelve years, judges of the circuit courts for terms of six 3
years, and associate circuit judges for terms of four years. 4
2. Judges of the supreme court and of the court of 5
appeals shall be elected in a general election by the 6
qualified voters of the state or of the counties of the 7
district for which such court is established and at such 8
times as may be prescribed by law. 9
3. Each judge of the supreme court or of the court of 10
appeals in office as of, or with a term starting on, January 11
1, 2027, shall hold office for the remainder of his or her 12
term after which the office shall be vacated subject to 13
election under this section and as provided by law. 14
4. Judges of the circuit courts shall be elected in 15
the general election by qualified voters of the circuit for 16
which such court is established and at such times as may be 17
prescribed by law. 18
5. Associate circuit judges shall be elected in a 19
general election by the qualified voters of the county of 20
which the associate circuit judge is to serve. 21
6. Each judge elected pursuant to the provisions of 22
this article shall hold office for a term beginning January 23
first following the general election of which the judge was 24
elected and ending December thirty-first following the next 25
general election after the expiration of the judge's term of 26
office. 27
Section 25(a). Whenever a vacancy shall occur in the 1
office of judge of any of the following courts of this 2
state, to wit: The supreme court, the court of appeals, or 3
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in the office of circuit or associate circuit judge [within 4
the city of St. Louis and Jackson county, the governor shall 5
fill such vacancy by appointing one of three persons 6
possessing the qualifications for such office, who shall be 7
nominated and whose names shall be submitted to the governor 8
by a nonpartisan judicial commission established and 9
organized as hereinafter provided. If the governor fails to 10
appoint any of the nominees within sixty days after the list 11
of nominees is submitted, the nonpartisan judicial 12
commission making the nomination shall appoint one of the 13
nominees to fill], the vacancy shall be filled at the next 14
general election in the state or district as provided by law. 15
[Section 25(b). At any general election 1
the qualified voters of any judicial circuit 2
outside of the city of St. Louis and Jackson 3
county, may by a majority of those voting on the 4
question elect to have the circuit and associate 5
circuit judges appointed by the governor in the 6
manner provided for the appointment of judges to 7
the courts designated in section 25(a), or, 8
outside the city of St. Louis and Jackson 9
county, to discontinue any such plan. The 10
question of whether the circuit and associate 11
circuit judges of any such circuit shall be so 12
appointed shall be submitted to the voters of 13
each county in any circuit at the next general 14
election whenever petitions therefor signed by 15
ten percent of the legal voters of each county 16
in the circuit voting for the office of governor 17
at the last election thereof are filed in the 18
office of secretary of state at least 90 days 19
before such election. The question shall be 20
presented as follows: "Shall the circuit and 21
associate circuit judges of the ______ judicial 22
circuit be selected as provided in Section 25 of 23
Article V of the Missouri Constitution? Yes □ 24
No □ (Mark One)". The provisions of law with 25
respect to initiative petitions shall apply 26
insofar as applicable relative to the 27
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certification of the petitions to local 28
officials by the secretary of state, the 29
preparation, printing, publishing and 30
distribution of the judicial ballots required by 31
this section, the holding and conduct of the 32
election, and the counting, canvassing, return, 33
certification, and proclamation of the votes. 34
If a majority of the votes upon the question are 35
cast in favor of the adoption in each county 36
comprising the circuit, the nonpartisan 37
selection of the circuit and associate judges 38
shall be adopted in the circuit. The question 39
of selection of circuit and associate circuit 40
judges in the manner provided in section 25(a) 41
shall not be submitted more often than once 42
every four years. If any judicial circuit 43
adopts the nonpartisan selection of the circuit 44
and associate circuit judges under the 45
provisions of this section, the question of its 46
discontinuance shall not be submitted more often 47
than once every four years and may be submitted 48
at any general election and shall be proceeded 49
upon insofar as may be applicable in like manner 50
as prescribed in this section for the original 51
adoption of the plan. 52
The petition shall be in 53
substantially the following form: 54
55
56
57
58
To the Honorable Officials in
general charge of elections for the
county of ______ for the state of
Missouri:
59
60
61
62
63
64
65
66
67
68
69
70
71
We, the undersigned, legal voters
of the state of Missouri, and of
the county of ______, respectfully
demand that the question of the
discontinuance of the nonpartisan
selection of the circuit and
associate circuit judges be
submitted to the legal voters of
the ______ judicial circuit, for
their approval or rejection, at the
general election to be held on the
______ day of ______, A.D.
19______.
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The ballot shall provide as 72
follows: 73
If a majority of the votes upon 81
the question are cast in favor of 82
such discontinuance in each 83
county comprising the circuit, 84
the nonpartisan selection of the 85
circuit and associate circuit 86
judges shall be discontinued in 87
such judicial circuit. 88
If the nonpartisan selection of 89
the judges be discontinued in any 90
such judicial circuit, other than 91
the city of St. Louis and Jackson 92
county, the selection of such 93
judges therein shall be made as 94
otherwise prescribed by law. 95
This section shall be self- 96
enforcing.] 97
[Section 25(c)(1). Each judge appointed 1
pursuant to the provisions of sections 25(a)-(g) 2
shall hold office for a term ending December 3
thirty-first following the next general election 4
after the expiration of twelve months in the 5
office. Any judge holding office, or elected 6
thereto, at the time of the election by which 7
the provisions of sections 25(a)-(g) become 8
applicable to his office, shall, unless removed 9
for cause, remain in office for the term to 10
which he would have been entitled had the 11
provisions of sections 25(a)-(g) not become 12
74
75
76
77
"Shall the nonpartisan appointment by
the governor of the circuit and
associate circuit judges be discontinued
in the ______ judicial circuit?
78 □ Yes
79 □ No
80 (Place an "X" in one square.)"
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applicable to his office. Not less than sixty 13
days prior to the holding of the general 14
election next preceding the expiration of his 15
term of office, any judge whose office is 16
subject to the provisions of sections 25(a)-(g) 17
may file in the office of the secretary of state 18
a declaration of candidacy for election to 19
succeed himself. If a declaration is not so 20
filed by any judge, the vacancy resulting from 21
the expiration of his term of office shall be 22
filled by appointment as herein provided. If 23
such declaration is filed, his name shall be 24
submitted at said next general election to the 25
voters eligible to vote within the state if his 26
office is that of judge of the supreme court, or 27
within the geographic jurisdiction limit of the 28
district where he serves if his office is that 29
of a judge of the court of appeals, or within 30
the circuit if his office is that of circuit 31
judge, or within the county if his office is 32
that of associate circuit judge on a separate 33
judicial ballot, without party designation, 34
reading: 35
If a majority of those voting on the question 45
vote against retaining him in office, upon the 46
36
37
"Shall
Judge
__________________
38
39
(Here the name of the judge shall
be inserted)
40 of the __________________
41
42
(Here the title of the court shall
be inserted)
43 be retained in office? Yes □ No □
44 (Mark an "X" in the box you prefer.)"
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expiration of his term of office, a vacancy 47
shall exist which shall be filled by appointment 48
as provided in section 25(a); otherwise, said 49
judge shall, unless removed for cause, remain in 50
office for the number of years after December 51
thirty-first following such election as is 52
provided for the full term of such office, and 53
at the expiration of each such term shall be 54
eligible for retention in office by election in 55
the manner here prescribed.] 56
[Section 25(c)(2). Whenever a declaration 1
of candidacy for election to succeed himself is 2
filed by any judge or associate circuit judge 3
under the provisions of this section, the 4
secretary of state shall not less than thirty 5
days before the election certify the name of 6
said judge or associate circuit judge and the 7
official title of his office to the clerks of 8
the county courts, and to the boards of election 9
commissioners in counties or cities having such 10
boards, or to such other officials as may 11
hereafter be provided by law, of all counties 12
and cities wherein the question of retention of 13
such judge in office is to be submitted to the 14
voters, and, until legislation shall be 15
expressly provided otherwise therefor, the 16
judicial ballots required by this section shall 17
be prepared, printed, published and distributed, 18
and the election upon the question of retention 19
of such judge in office shall be conducted and 20
the votes counted, canvassed, returned, 21
certified and proclaimed by such public 22
officials in such manner as is now provided by 23
the statutory law governing voting upon measures 24
proposed by the initiative.] 25
[Section 25(d). Nonpartisan judicial 1
commissions whose duty it shall be to nominate 2
and submit to the governor names of persons for 3
appointment as provided by sections 25(a)-(g) 4
are hereby established and shall be organized on 5
the following basis: For vacancies in the office 6
of judge of the supreme court or of the court of 7
appeals, there shall be one such commission, to 8
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be known as "The Appellate Judicial Commission"; 9
for vacancies in the office of circuit judge or 10
associate circuit judge of any circuit court 11
subject to the provisions of sections 25(a)-(g) 12
there shall be one such commission, to be known 13
as "The _________ Circuit Judicial Commission", 14
for each judicial circuit which shall be subject 15
to the provisions of sections 25(a)-(g); the 16
appellate judicial commission shall consist of a 17
judge of the supreme court selected by the 18
members of the supreme court, and the remaining 19
members shall be chosen in the following manner: 20
The members of the bar of this state residing in 21
each court of appeals district shall elect one 22
of their number to serve as a member of said 23
commission, and the governor shall appoint one 24
citizen, not a member of the bar, from among the 25
residents of each court of appeals district, to 26
serve as a member of said commission, and the 27
members of the commission shall select one of 28
their number to serve as chairman. Each circuit 29
judicial commission shall consist of five 30
members, one of whom shall be the chief judge of 31
the district of the court of appeals within 32
which the judicial circuit of such commission, 33
or the major portion of the population of said 34
circuit is situated and the remaining four 35
members shall be chosen in the following manner: 36
The members of the bar of this state residing in 37
the judicial circuit of such commission shall 38
elect two of their number to serve as members of 39
said commission, and the governor shall appoint 40
two citizens, not members of the bar, from among 41
the residents of said judicial circuit to serve 42
as members of said commission, the members of 43
the commission shall select one of their number 44
to serve as chairman; and the terms of office of 45
the members of such commission shall be fixed by 46
law, but no law shall increase or diminish the 47
term of any member then in office. No member of 48
any such commission other than a judge shall 49
hold any public office, and no member shall hold 50
any official position in a political party. 51
Every such commission may act only by the 52
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concurrence of a majority of its members. The 53
members of such commission shall receive no 54
salary or other compensation for their services 55
but they shall receive their necessary traveling 56
and other expenses incurred while actually 57
engaged in the discharge of their official 58
duties. All such commissions shall be 59
administered, and all elections provided for 60
under this section shall be held and regulated, 61
under such rules as the supreme court shall 62
promulgate.] 63
[Section 25(e). All expenses incurred in 1
administering sections 25(a)-(g), when approved 2
by the supreme court, shall be paid out of the 3
state treasury. The supreme court shall certify 4
such expense to the commissioner of 5
administration, who shall draw his warrant 6
therefor payable out of funds not otherwise 7
appropriated.] 8
[Section 25(f). No judge of any court in 1
this state, appointed to or retained in office 2
in the manner prescribed in sections 25(a)-(g), 3
shall directly or indirectly make any 4
contribution to or hold any office in a 5
political party or organization, or take part in 6
any political campaign.] 7
[Section 25(g). All of the provisions of 1
sections 25(a)-(g) shall be self-enforcing 2
except those as to which action by the general 3
assembly may be required.] 4