Missouri SJR 105: SJR 105 - Currently, judges of the Supreme Court of Missouri and of the Court of Appeals, judges in certain circuit courts, and certain associate circuit judges are selected by gubernatorial appointment following nominations from nonpartisan commissions. This proposed constitutional amendment, if approved by the voters, would require the appointment by the Governor, with the advice and consent of the Senate, of all judges of the Supreme Court and of the Court of Appeals. Additionally, all circuit and associate circuit judges shall be elected by qualified voters of the circuit or county in which they are to serve. KATIE O'BRIEN

Bill Text

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. 105
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
5968S.01I KRISTINA MARTIN, Secretary
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment repealing sections 16, 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 two 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, 25(a), 25(b), 25(c)(1), 25(c)(2), 1
25(d), 25(e), 25(f), and 25(g), article V, Constitution of 2
Missouri, are repealed and two new sections adopted in lieu 3
thereof, to be known as sections 16 and 25(a), to read as 4
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 circuit 5
judge is selected under section 25 of article 5 of the 6
constitution the associate circuit judge shall be selected 7
in the same manner.] All [other] associate circuit judges 8

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shall be elected in the county or in the city of St. Louis 9
for which they are to serve. 10
Section 25(a). Each judge of the supreme court, of the 1
court of appeals, or of the circuit court and each associate 2
circuit judge in office as of, or with a term starting on, 3
January 1, 2027, shall hold office for the remainder of his 4
or her term after which the office shall be vacated subject 5
to appointment or election under this article. Whenever a 6
vacancy shall occur in the office of judge of any of the 7
following courts of this state, to wit: The supreme court[,] 8
or the court of appeals[, or in the office of circuit or 9
associate circuit judge within the city of St. Louis and 10
Jackson county], the governor, by and with the advice and 11
consent of the senate, shall fill such vacancy by appointing 12
[one of three persons] a person possessing the 13
qualifications for such office[, who shall be nominated and 14
whose names shall be submitted to the governor by a 15
nonpartisan judicial commission established and organized as 16
hereinafter provided. If the governor fails to appoint any 17
of the nominees within sixty days after the list of nominees 18
is submitted, the nonpartisan judicial commission making the 19
nomination shall appoint one of the nominees to fill the 20
vacancy]. Whenever a vacancy shall occur in the office of 21
circuit judge of this state, a judge shall be elected to 22
fill such vacancy in the next general election or at other 23
times as prescribed by law by the qualified voters of the 24
circuit for which such court is established. Whenever a 25
vacancy shall occur in the office of associate circuit judge 26
of this state, a judge shall be elected to fill such vacancy 27
in the next general election or at other times as prescribed 28
by law by the qualified voters of the county or of the city 29

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of St. Louis of which the associate circuit judge is to 30
serve in. 31
[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