Court Watch 2016
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As published in Front Line Fall 2016 The Constitutional Coalition, FRONT LINE Voter’s Guide, P. O. Box 37054, St. Louis, MO 63141 COURT WATCH 2016 Those judges! Frustrated voters close their eyes and punch ballots on judicial selections even though they are uninformed. Missouri Nonpartisan Court Plan Hear Ye! Hear Ye! All Eyes on the Court in this Election ith the sudden passing of Justice Scalia, a lifetime appointment from the president. Much less Plan, but are elected to office on a partisan basis. For more Wthe stalled confirmation of controversial known are the judges of our own state here in Missouri. It information on the Missouri Plan Judicial Performance appointment Merrick Garland, the awareness of judicial is likely most people would be hard pressed to name even Reviews on each judge, go to www.yourmissourijudges. appointments and their significance is at an all time high. one of judges on the Missouri Supreme Court. Yet these org. men and women, appointed by the governor of the state, As citizens, we have a vested interest in all stages of (The Judicial Branch) may truly be said to make decisions, which affect all of us every day. have neither FORCE nor WILL, but merely judicial selection in order to maintain confidence in not judgment; and must ultimately depend upon n Missouri alone, there are over 45 circuit courts just the process, but the outcome as well. Nonpartisan the aid of the executive arm even for the Iwith over 400 judges who preside over courtrooms does not always translate into impartial and in the end, efficacy of its judgments. throughout the state; including the Supreme Court the decision is left to one person to select a candidate to (Alexander Hamilton, Federalist No. 78) (seven judges), the District Courts of Appeal that are become a judge. Transparency of process is always one divided into three geographic districts (Eastern, Southern key to ensuring integrity. After a judge is placed in office, Western Civilization generally, and America and Western) (32 judges); and finally the circuit courts we must remain vigilant so that they are held accountable specifically, owes a tremendous debt to the Holy Bible that sit in every county of the state. This does not for their performance. That is the purpose of holding for giving, among other things, form and substance to take into consideration all of the various municipal retention votes after each term. The Constitution does not government, language, culture, and law. The Bible says, judges, commissioners, and administrative law judges give judges the option of going their own way or ruling “Let every person be in subjection to the governing who are either elected or appointed to their constitutional subjectively from the bench as if free from any restraint or authorities. For there is no authority except from God, positions. The men and women who make up the higher authority. Paragraph two of Article VI uses “shall” and those which exist are established by God.”1 In judiciary in the state are all fellow Missourians who are no less than four times in a single sentence. If the rule 1215, the Magna Carta was signed limiting the power licensed by the State of Missouri to practice law and of law means anything, it means that no king, president, of the king for the first time. Less than fifty years later, are required by oath to uphold the Constitutions of the judge, or other ruler is above the supreme law of the land: renowned legal scholar Henry de Bracton noted that kings United States and the State of Missouri. Why? Because the Constitution. Thomas Jefferson said, “Whensoever are not under man, but under God and under the law.2 A the Constitution, not the judge, is the supreme law of the General Government assumes undelegated powers, its shift had occurred in which law itself, not the authority the land. acts are unauthoritative, void, and of no force.” Many are of a king or individual, gives power and authority. This As informed and concerned citizens of our state, concerned that we are moving away from these principles, certainly included judges, commissioners, and other we need to be aware of who is being placed in these or worse, that we have long since moved on from them. administrative officials who adjudicated matters between ever increasingly important positions and hold them In either case, we are morally obligated to either stop th parties. Likewise in the 18 century, the Founding Fathers accountable to faithfully and honestly execute their roles violating this principle or return to the standard so long were aware of both biblical language and British history as judgment makers without regard to personal whims or observed and cherished in western civilization. when they convened in Philadelphia and wrote both the will separate and apart from the law. Just like you and me, On November 8, 2016, we will again go to the polls Declaration of Independence, and later the United States they are bound by state and national laws without regard to elect or retain judges that have been put on the ballot. Constitution. Article VI of the latter says plainly, “This to race, creed, status, or nationality. We will also select a new governor who will make these Constitution, and the Laws of the United States which he method of selecting judges in Missouri is appointments for the next four years. In this edition of shall be made in Pursuance thereof; and all Treaties known as the Nonpartisan Court Plan,3 or the made, or which shall be made, under the Authority of T cont’d p 2 “Missouri Plan,” which has been used in Missouri since the United States, shall be the supreme Law of the Land; 1940 and has become the model for dozens of other state and the Judges in every State shall be bound thereby, and judicial selection plans as a means to remove partisanship SHORT LINES anything in the Constitution or Law of any State to the from the judiciary by using committees of lawyers and Contrary notwithstanding.” (Italics mine) The judges America the Beautiful non-lawyers to select a slate of candidates from which the (Fourth Verse) that are appointed, elected, or retained in office are not governor selects for appointment. This system (based on O Beautiful for patriot dream the supreme law or the supreme lawgivers. That line must merit selection) uses the assisted appointment method by That sees beyond the years not be crossed. We have come too far to relinquish our which the governor appoints state judges from a short Thine alabaster cities gleam, freedoms to those in black robes. list submitted by a review board. This process applies to Undimmed by human tears! The most esteemed and perhaps best-known judges the seven judges of the Missouri Supreme Court and the America! America! God shed His grace on thee, in the nation are those we refer uniquely to as “Justices” thirty-two judges of the Missouri Court of Appeals. Most And crown thy good with brotherhood and sit on the Supreme Court of the United States with circuit court judges are not chosen under the Missouri From sea to shining sea! 2 FRONTLINE | FALL 2016 Court Watch cont’d FRONT LINE, we will try to give basic facts and perhaps CIRCUIT JUDGES some additional insight into the men and women who Circuit judges are selected either through popular hope to serve as judges in this state. We use a variety of vote or by appointment under the Nonpartisan Court Court Watch sources to pull information together for . Plan. These courts have original jurisdiction over civil You can also find performance evaluations online at www. and criminal causes of action. All trials start at this showmecourts.org. Remember, an associate circuit court level. Circuit court judges must be at least 30 years old, the ABA Standing Committee on Pro Bono and Public judge today could very well be on the Missouri Supreme residents of their circuit, and U.S. citizens for 10 years Service. Judge Teitelman’s dedication to the legal services Court in the next election cycle. We owe it to ourselves and Missouri voters for three years. Circuit judges serve program has earned him many honors, including the and our children to know who they are and to make sure six-year terms. The Constitution requires at least one Missouri Bar President’s Award, the American Council they are performing as judges who are worthy of the robe circuit judge in each of Missouri’s 45 judicial circuits. for the Blind’s Durward K. McDaniel Ambassador with our confidence that they will apply the rule of law. Circuit 6 is Platte County; Circuit 7 is Clay County; Award, the Women’s Legal Caucus Good Guy Award, Over the entrance to the law school at Harvard University Circuit 16 is Jackson County; Circuit 21 is St. Louis the Mound City Bar Association Legal Service Award, is the Latin inscription, NON SUB HOMINE SED SUB County; and Circuit 22 is St. Louis City. the ABA Young Lawyers Division Award of Merit, the DEO ET LEGE, “Not under man but God and Law.” ABA Young Lawyers Division Difference Maker Award That is the proper role of a judge. and the St. Louis Bar Foundation Award. Legal Services he philosophy and impact of state courts and of Eastern Missouri has named its pro bono award for Tthe federal judiciary have moved a long way legal services the “Richard Teitelman Award.” Judge from the Founding Father’s view of this branch’s role in Teitelman is an honorary dean of St.