Supreme Court of Missouri
|Supreme Court of Missouri|
|Country||Missouri , United States|
|Location||Jefferson City, Missouri|
|Composition method||Gubernatorial appointment with retention election|
|Authorized by||Missouri Constitution|
|Decisions are appealed to||Supreme Court of the United States|
|Currently||Zel M. Fischer|
|Since||July 1, 2017|
|Lead position ends||June 30, 2019|
The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820 and is located at 207 West High Street in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution to give the Supreme Court exclusive jurisdiction- the sole legal power to hear – five types of cases on appeal. Pursuant to Article V, Section 3 of the Missouri Constitution, these cases involve:
- The validity of a United States statute or treaty.
- The validity of a Missouri statute or constitutional provision.
- The state's revenue laws.
- Challenges to a statewide elected official's right to hold office.
- Imposition of the death penalty.
Unless their case involves one of those five issues, people who want a trial court's decision reviewed must appeal to the Missouri Court of Appeals. Most of these cases involve routine legal questions and end there. The Court of Appeals is divided geographically into the Eastern District, Western District and Southern District.
Certain cases, however, can be transferred to the Supreme Court – at the Court's discretion – if it determines that a question of general interest or importance is involved, that the laws should be re-examined, or that the lower court's decision conflicts with an earlier appellate decision. This is similar to the process the United States Supreme Court uses in accepting cases. In addition, the Court of Appeals may transfer a case to the Supreme Court after an opinion is issued, either upon application of one of the parties or at the request of one of the judges on the appellate panel.
In addition to issuing legal decisions, the Supreme Court supervises the lower state courts with the assistance of the Office of State Courts Administrator ("OSCA"). OSCA oversees court programs, provides technical assistance, manages the budget of the state's judicial branch, and conducts educational programs. The Supreme Court also issues practice and procedure rules for Missouri court cases, including procedure and evidence rules. The Supreme Court licenses attorneys practicing in Missouri, and disciplines lawyers and judges for violating ethical rules.
Judges of the court are selected through the non-partisan plan, nationally known as the Missouri Plan. Under the plan, the Appellate Judicial Commission submits the names of three nominees to the Governor. If the Governor fails to make an appointment with 60 days of the nominees being named, the Commission shall make the appointment. Once the judge has served for at least a year, he or she is placed on the general election ballot for a retention vote of the people. If retained, judges serve a term of 12 years.
The following is a list of notable cases decided by the Supreme Court of Missouri or which came to the Supreme Court of the United States from the Supreme Court of Missouri. Since 1973, the Supreme Court of Missouri has heard all cases en banc (before all seven judges). Before that many cases were heard by panels of three judges. Cases heard en banc are cited as "Mo. banc"; older cases heard by a panel are cited as "Mo."
- Cruzan v. Director, Missouri Department of Health, 760 S.W.2d 408 (Mo. banc 1988), 497 U.S. 261 (1990)
- Missouri v. McNeely, 358 S. W. 3d 65 (Mo. banc 2012), 569 U.S. ___ (2013)
- Doe v. Phillips, 194 S.W.3d 837 (Mo. banc 2006)
- Sex offender registry; holding that applying Missouri's sex offender registration laws to anyone who had been convicted or pleaded guilty to a registrable offense before Missouri's sex offender registration law was passed in 1995 violates the Constitution of Missouri's unique bar on "laws retrospective in operation." Doe and its progeny constitute one of the few successful constitutional challenges to sex offender registration laws in the United States.[original research?]
- Dred Scott v. Sandford, 15 Mo. 576 (1852), 60 U.S. (19 How.) 393 (1856)
- Drope v. Missouri, 462 S.W.2d 677 (Mo. banc 1971), 420 U.S. 162 (1975)
- Lavender v. Kurn, 354 Mo. 196, 189 S.W.2d 253 (1945), 327 U.S. 645 (1946)
- Minor v. Happersett, 53 Mo. 58 (1873), 88 U.S. 162 (1875)
- Missouri ex rel. Gaines v. Canada, 342 Mo. 121, 113 S.W.2d 783 (1938), 305 U.S. 337 (1938)
- Missouri v. Seibert, 93 S.W.3d 700 (Mo. banc 2002), 542 U.S. 600 (2004)
- Miranda warnings; holding that Missouri's practice of interrogating suspects without reading them a Miranda warning, then reading them a Miranda warning and asking them to repeat their confession is unconstitutional; affirmed by the Supreme Court of the United States.
- Rachel v. Walker, 4 Mo. 350 (1836)
- Roper v. Simmons, 112 S.W.3d 397 (Mo. banc 2003), 543 U.S. 551 (2005)
- Shelley v. Kraemer, 198 S.W.2d 679 (Mo. banc 1947), 334 U.S. 1 (1948)
- State v. Mitchell, 170 Mo. 633, 71 S.W. 175 (1902)
Brent Powell is the latest appointee to the Court, having been appointed by Missouri Governor Eric Greitens in April 2017. The judges rotate the two-year term of Chief Justice among themselves. The Chief Justice is Constitutionally empowered to preside over the court and to be the "chief administrative officer" of the state judicial system. The current Chief Justice is Zel Fischer, whose term began July 1, 2017 and will serve until June 30, 2019.
|Judge||Date appointed||Appointed by|
|Laura Denvir Stith||2001||Bob Holden|
|Mary Rhodes Russell||2004||Bob Holden|
|Patricia Breckenridge||2007||Matt Blunt|
|Zel M. Fischer (Chief Justice)||2008||Matt Blunt|
|George W. Draper III||2011||Jay Nixon|
|Paul C. Wilson||2012||Jay Nixon|
|W. Brent Powell||2017||Eric Greitens|
Clerk of the Supreme Court of Missouri
The Clerk of the Supreme Court of Missouri is responsible for a wide range of duties, including the supervision of the internal administrative function of the Court itself as well as the planning and administrative direction of the Missouri Judicial Conference, the organization of all the state's judges. As of January 1, 2017, the clerk is Betsy AuBuchon.