SJR 31 - This proposed constitutional amendment, if approved by the qualified voters of this state, modifies provisions of Article V relating to the judiciary. JUDICIAL RECORDS (SECTION 12)
This amendment provides that the judicial records shall be public records and subject to generally applicable state laws governing public access to public records. Judicial records include all records of the official acts of the Supreme Court of Missouri and the Missouri Court of Appeals and all divisions or districts of said courts, of the official acts of the individual judges, of the conduct of judicial business, and all records that are created, stored, or distributed through judicial branch facilities, equipment, or mechanisms.
PROVISION AGAINST LOBBYIST ACTIVITIES (SECTION 20)
This amendment further provides that no judge of the Missouri Supreme Court, Court of Appeals, circuit courts, or associate circuit courts shall act, serve, or register as a paid lobbyist or solicit prospective employment or clients as a paid lobbyist until the expiration of two calendar years after the conclusion of any term of office for which such judge was elected, appointed, or retained.
JUDICIAL GIFT BAN (SECTION 20(A))
This amendment provides that no person serving as a judge shall accept directly or indirectly a gift of any tangible or intangible item, service, or thing of value from any paid lobbyist or lobbyist principal. This provision shall not prevent candidates for a judicial position from accepting campaign contributions nor shall it prevent judges from receiving gifts, family support, or anything of value from those related to them by the fourth degree.
This provision is similar to a provision in HCS/HJR 24 (2021) and HJR 60 (2021).
APPOINTMENT OF APPELLATE JUDGES (SECTION 25(A) & 25(D))
Currently, judges of the Supreme Court of Missouri and of the Missouri Court of Appeals are appointed by the Governor from a list of three candidates nominated and submitted by the Appellate Judicial Commission. This act repeals the nomination and submission by Appellate Judicial Commission and provides for the appointment of those judges by the Governor with the advice and consent of the Senate.
This provision is identical to SJR 14 (2021) and is similar to HCS/HJR 24 (2021) and HJR 43 (2021).
JUDICIAL SELECTIONS DURING GUBERNATORIAL ELECTION YEARS (SECTION 25(A))
Currently, the Governor shall appoint a nominee submitted by a nonpartisan judicial commission for a judicial position within sixty days. This amendment provides that a nominee shall not be appointed until a successive governor begins his or her term if the list from a nonpartisan judicial commission is submitted less than sixty days before the day of the general election in a gubernatorial election year. If the governor elected is currently serving as governor and will be serving a second term, the Governor shall fill the appointment within sixty days of the result of the election being ascertained and proclaimed by the Secretary of State.
BAR MEMBERS OF THE NONPARTISAN JUDICIAL COMMISSIONS (SECTION 25(D))
This amendment further provides that no member of the bar serving on a nonpartisan judicial commission shall actively be engage in the same area of practice as another member of the bar serving on the same commission.
KATIE O'BRIEN