Missouri HJR 153: Proposes a constitutional amendment changing various provisions relating to judges

Bill Text

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE JOINT
RESOLUTION NOS. 153 & 119
103RD GENERAL ASSEMBLY
6215H.02C JOSEPH ENGLER, Chief Clerk
JOINT RESOLUTION
Submitting to the qualified voters of Missouri an amendment repealing Sections 25(a), 25(f),
and 26 of Article V of the Constitution of Missouri, and adopting four new sections in
lieu thereof relating to judges.
Be it resolved by the House of Representatives, the Senate concurring therein:
That at the next general election to be held in the state of Missouri, on Tuesday next
2 following the first Monday in November, 2026, or at a special election to be called by the
3 governor for that purpose, there is hereby submitted to the qualified voters of this state, for
4 adoption or rejection, the following amendment to Article V of the Constitution of the state of
5 Missouri:
Section A. Sections 25(a), 25(f), and 26, Article V, Constitution of Missouri, are
2 repealed and four new sections adopted in lieu thereof, to be known as Sections 25(a), 25(f),
3 26, and 28, to read as follows:
Section 25(a). 1. Whenever a vacancy shall occur in the office of [judge of any of the
2 following courts of this state, to wit: The supreme court, the court of appeals, or in the office
3 of] circuit or associate circuit judge within the city of St. Louis and Jackson county, the
4 governor shall fill such vacancy by appointing one of three persons possessing the
5 qualifications for such office, who shall be nominated and whose names shall be submitted to
6 the governor by a nonpartisan judicial commission established and organized as hereinafter
7 provided. If the governor fails to appoint any of the nominees within sixty days after the list
8 of nominees is submitted, the nonpartisan judicial commission making the nomination shall
9 appoint one of the nominees to fill the vacancy.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

10 2. Whenever a vacancy shall occur in the office of judge of the supreme court or
11 the court of appeals, the governor shall, by and with the advice and consent of the
12 senate, appoint such judge.
Section 25(f). 1. No judge of any court in this state, appointed to or retained in office
2 in the manner prescribed in sections 25(a)-(g), shall directly or indirectly make any
3 contribution to or hold any office in a political party or organization, or take part in any
4 political campaign.
5 2. No judge shall accept directly or indirectly any gift or any tangible or
6 intangible item, service, or thing of value from any paid lobbyist or lobbyist principal.
7 Nothing in this section shall be construed to prevent judges or judicial candidates from
8 accepting campaign contributions consistent with this Article and all other provisions of
9 law. Nothing in this section shall prevent individuals from receiving gifts, family
10 support, or anything of value from those related to them within the fourth degree of
11 consanguinity or affinity.
Section 26. 1. All judges other than municipal judges shall retire at the age of
2 [seventy] seventy-five years, except as provided in the schedule to this article, under a
3 retirement plan provided by law.
4 2. All judges may retire at an earlier age authorized by law and may participate in a
5 retirement plan provided by law.
6 3. Any retired judge, associate circuit judge or commissioner, with his or her
7 consent, may be assigned by the supreme court as a senior judge to any court in this state or as
8 a special commissioner. When serving as a senior judge he or sheshall have the same powers
9 as an active judge.
Section 28. 1. There is hereby established a "Joint Committee on Judicial
2 Appointments".
3 2. The joint committee shall consist of:
4 (1) Five members from the house of representatives appointed by the speaker of
5 the house of representatives; and
6 (2) Five members from the senate appointed by the president pro tempore of the
7 senate.
8 3. No more than six members of the joint committee shall be from the same
9 political party.
10 4. Members shall serve as members of the joint committee for the entire length
11 of his or her term in office.
12 5. Members of the joint committee shall be licensed attorneys. If there are not
13 enough licensed attorneys to meet the requirement under this subsection, the speaker of
HCS HJRs 153 & 119 2

14 the house of representatives or the president pro tempore of the senate may appoint
15 nonlicensed attorneys to the joint committee.
16 6. The duties of the joint committee shall be to evaluate judicial appointments
17 made by the governor.
✔
HCS HJRs 153 & 119 3