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-Missouri has 3 tiered court system -Circuit courts -Appellate courts -Supreme Court -Office of the State Courts Administrator
Circuit Courts -45 circuit courts -Trial courts -Judges are elected by popular vote -EXCEPT in 6th (Platte), 7th (Clay), 16th (Jackson), 21st (STL City), 22nd (St. Louis County) -Appointed by governor -Vacancies appointed by governor -All cases start in circuit court -Civil and criminal cases -Several “divisions” of circuit courts -Not all courts have all divisions -Municipal division -Handle city violations -Some cities have “city judges” -Under jurisdiction of circuit court -Associate Circuit division -Hears misdemeanors -Civil cases -“Small claims court” -Probate court -Circuit court division -All felony cases -Some misdemeanors -Civil cases -Family court -Divorces, child custody, adoptions, etc. -Drug court -Jury trials have 12 jurors -Not all cases require or allowed juries -Injunctions, divorces -Personnel -Circuit Judges -Presiding judge -Elected; serve 6 year terms -Associate circuit judges -Elected; serve 4 year terms -Judges of Municipal divisions -Commissioners -Not judges; family, probate, drug courts sometimes use these -Decisions reaffirmed by judge -Clerk -Keep records
Court of Appeals -3 courts of appeals -Eastern (14 judges) -Western (11 judges) -Southern (7 judges) -Handles all appeals (except appeals which SC has exclusive jurisdiction) -Serve 12 year terms -Reelected one time -Selected by nonpartisan court plan -Usually sit in groups of 3 -Decisions are final except: -Majority of judges in C of A transfers case to SC -Dissenting judge may transfer case -SC orders case to be transferred -Scope of review -Do NOT retry case -Reviews law and facts to see that evidence supports case -Makes sure no mistakes were made
Supreme Court -7 judges; serve 12 year terms -Reelected once -Can sit as entire group (or groups of at least 3) -Exclusive appellate jurisdiction in: -Validity of US treaty/statute or Missouri statute -State revenue laws -Title to a state office -Death penalty cases -Chief justice is the supervising authority of all MO judges -Elected by other SC judges (rotating) -Serves 2 year term -Can select “special judge” for certain cases -Retired judges -Trial court for impeachment cases (except for governor or SC member)
Missouri Nonpartisan Court Plan -Nationwide model -Way to take politics out of judiciary -Judicial Commission -Composed of: -Chief Justice -3 lawyers selected by the Missouri Bar Assoc. -3 citizens selected by the governor -Interview candidates -Submits 3 names to the governor -Governor selects one from list -One year after selected, must be “retained” by voters -On ballot -“Shall xxxxx be retained as judge?” -For certain circuit courts (see first section of notes), process is same except 2 lawyers, 2 citizens
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