FIRST REGULAR SESSION

SENATE JOINT RESOLUTION NO. 2

90TH GENERAL ASSEMBLY


INTRODUCED BY SENATOR SCHNEIDER.

Prefiled December 1, 1998, and 1,000 copies ordered printed.



TERRY L. SPIELER, Secretary.

S0496.01I


JOINT RESOLUTION

Submitting to the qualified voters of Missouri, an amendment repealing section 16 of article V of the Constitution of Missouri relating to courts, and adopting one new section in lieu thereof relating to the same subject.


Be it resolved by the Senate, the House of Representatives concurring therein:

That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2000, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article V of the Constitution of the State of Missouri:

Section A.  Section 16, Article V, Constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as section 16, to read as follows:

Section 16.  1.  Each county shall have such number of associate circuit judges as provided by law.  [There shall be at least one resident associate circuit judge in]  The voters in each county shall be entitled to vote for at least one associate circuit judge.  Associate circuit judges shall be selected or elected [in] for each county or counties as provided by law.  In those circuits where the circuit [judge is] judges are selected under section 25 of article 5 of the constitution the associate circuit [judge] judges shall be selected in the same manner.  All other associate circuit judges shall be elected in the county or counties to which they are [to serve] assigned.

2.  The commission on judicial resources as is presently established by law, or such other body which may be later established by law for this purpose, shall assess and evaluate the number of circuit judges and associate circuit judges needed for the adequate and efficient administration of justice in each judicial circuit and for each county within such circuit, and shall determine the number of circuit judges so needed for the circuit, and the number of associate circuit judges needed for each county or number of counties within such circuit as provided by law.  No judicial position, either during an incumbent judge's term of office or upon the expiration of an incumbent judge's term of office when the judge seeks reelection, may be declared vacated and not to be filled, pursuant to this section.


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