The Missouri Bar stands firmly against any effort to diminish the role of the judiciary as a co-equal branch of government.

The Supreme Court of Missouri, as part of a system of checks and balances, has a constitutional responsibility to determine whether laws passed by the legislature comply with the Missouri Constitution. The Court makes all decisions consistent with this charge, applying the facts before them, regardless of their personal beliefs or which political interests may be affected.

Missouri’s independent judiciary, combined with merit-based judicial selection through the Non-Partisan Court Plan, ensures that all Missouri cases receive equal consideration under the law.

The state constitution created Missouri’s Non-Partisan Court Plan and its independent nominating commission, made up of citizens, lawyers, and judges, which produces a Supreme Court that is fair and impartial. The Plan continues to be right for the people of Missouri because it attracts high-quality judges in the least political way and ultimately gives the people the final say.

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The Missouri Bar is a statewide organization that is dedicated to improving the legal profession, the law, and the administration of justice for all Missourians. Created in 1944 by order of the Supreme Court of Missouri, it serves all 31,000 of Missouri’s practicing lawyers. To achieve its mission, The Missouri Bar provides a wide range of services and resources to its members, as well as the media, educators, and citizens of Missouri. To learn more about The Missouri Bar, visit MoBar.org and MissouriLawyersHelp.org.

The House is expected to begin the joint session process at 10:15 a.m.; the state of the judiciary address will follow. 

WATCH LIVESTREAM: You can watch the State of the Judiciary live from the House website by going to the “Chamber Messageboard” and selecting either the play icon or “CC Video” link. You also can access the live feed from the House’s media center. From the media center menu, please select “House Media Feeds” and then the feed from the “Chamber.”  

First delivered in 1974, the State of the Judiciary provides “an opportunity to bring together all three branches of government and the public to learn more about the state courts’ accomplishments and priorities,” according to the Supreme Court of Missouri. 

For questions about the State of the Judiciary, contact Beth Riggert, communications counsel for the Supreme Court of Missouri, at beth.riggert@courts.mo.gov. 

Hon. W. Brent Powell is the chief justice of the Supreme Court of Missouri.

Hon. W. Brent Powell, chief justice of the Supreme Court of Missouri, delivered this address during the opening luncheon of the joint Annual Meeting of The Missouri Bar and the Judicial Conference of Missouri on Sept. 18 in Branson. 

Thank you, President Dickson, for that kind introduction, and good afternoon, everyone!

Thank you for having me here today.

I find it very fitting to be introduced here in southwest Missouri by a Kansas City lawyer. It makes me feel close to both my homes. For those who don’t know, I have lived in Kansas City for many years now, but I grew up right here in this area — back when Bass Pro was a little rinkydink operation selling fishing lures out of the back of a liquor store. I spent my weekends at Table Rock Lake and playing football in many of the small towns dotted around these Ozark Mountains. But after high school, the lure of good barbecue and the opportunity for this Missouri Tiger to proudly plant a Mizzou flag within steps of 
the Kansas border eventually led me to Kansas City. 

I owe my love for Mizzou and my legal career to my family. Two of them are sadly no longer with us. But they are here with me in spirit. First is my mother, Dot. She served our state’s legal system for many years as a probation and parole officer. Like all moms, I am sure she would be very proud of me right now ... but I’m certain she would be even more proud to see all these women on our state’s highest court and leading our Missouri Bar! Second is her brother, my uncle, Clyde Allemann. He was a well-respected lawyer in Springfield for more than 30 years and someone I always aspired to be. While my mom and Uncle Clyde cannot be here today, I know I would not be standing in front of all of you but for the strong influence they had over my life. 

Now I’d like to recognize some of my family who are with us here today. First there’s my father, Bill Powell. He has achieved both The Missouri Bar status of Senior Counselor by practicing law in Missouri for more than five decades and the Springfield Metropolitan Bar Association’s distinguished counselor award. More importantly, he just may be the nicest guy in the whole world. I am so blessed to have him in my life. My father-in-law is also here — Bill Phillips. He too is a Senior Counselor, having practiced in north Missouri for more than 50 years. And my sister-in-law Jennifer Phillips is here. She too is a lawyer and a judge in Jackson County. Are you sensing a theme here? 

My stepmother Cathy, my mother-in-law Barb, my aunt Joanne, my sister Kerri, and her husband Shawn are also here today. They are not lawyers, but they have surely earned honorary law degrees having sat around the family dinner table where the major legal issues of the day were always — and continue to be — discussed. 

We also have the next generation of lawyers from my family here today, my nieces Sadie and Chloe, and my nephew Noah. Now, you see, Uncle Brent has a very long tradition of embarrassing his nieces and nephew, so Chloe, Sadie, and Noah, it’s time to stand up. Audience, please help me continue this tradition by giving them a big round of applause!

Last, but definitely not least, is my wonderful wife Beth. She swept me off my feet when we first met in law school. We got married not long after we graduated, and she has been my rock throughout my life and career. I learned early on to trust her wisdom and her judgment. Now, she does not like to toot her own horn — so I will proudly do it for her. She was the very first woman to serve as the United States attorney for the Western District of Missouri, and for those who don’t know, I’m not the first — or the only — “chief” in our household. I am very proud to say Beth has been chief judge of the federal district court in Kansas City for six years and counting! And by the way, she is the very first woman to serve in that role. I am very blessed to have this accomplished lawyer and jurist in my life. 

Preserving the rule of law 

As you may have gathered from my family introductions, I was raised to care deeply about our legal profession and our courts. You probably know we’ll be celebrating the 250th anniversary of the signing of the Declaration of Independence next summer. And lawyers played a vital role in that monumental event.

Of the 56 colonists who literally put their lives on the line by signing the Declaration of Independence, 25 were lawyers. Later, the colonies elected many lawyers to represent them in the Continental Congress, leading to members of our profession drafting our Constitution and shaping our nation’s government. And lawyers have continued to lead — on the front lines and behind the scenes — as our nation has evolved ever since. Truly, lawyers have been woven into the fabric of our nation. This is part of what makes me — and, I hope, all of you — very proud to be a lawyer. 

I hope you are just as proud of our nation’s strong tradition of embracing the rule of law. While 250 years sounds pretty impressive, it’s not in the context of world history. Ours is still a fairly new nation, and it is necessary — no, I would say it is imperative — that all of us do what we can to speak out and defend our system of justice and the rule of law. Now, that is not to say we must always agree on everything. In fact, those same lawyers who helped shape our nation all those years ago designed our system of justice to be adversarial. Our founders understood presenting competing evidence and ideas, coupled with reasoned advocacy, would guide jurors and judges in their decisions. Of course, that does not mean we have to like or agree with their decisions, but under the rule of law, we as citizens are bound by those decisions. All of us have the inherent right to disagree with the decisions of our courts — but it is essential that we as a people of one nation accept and agree to be bound by this body of law. This is what has made our nation great for the last 250 years and what will make our nation great for centuries to come. 

Preserving The Missouri Plan 

In Missouri, we have our own unique history — that of the Missouri Non-Partisan Court Plan. In our own 200-plus years, our state has tried numerous ways of selecting our judges. Early Missourians used an appointment-and-confirmation system and even tried popular elections for all judges. Over time, Missourians became concerned about undue influence of money and politics over their courts — especially in the appellate courts and circuit courts in the major metropolitan areas. 

And so, a group of concerned citizens and lawyers looked for a solution. The one they devised — known nationally as The Missouri Plan — called for judges of the Supreme Court of Missouri, the Court of Appeals, and the circuit courts in Jackson County and the city of St. Louis to be selected using a nonpartisan method — based on merit. The Missouri Plan also gives the state’s other counties a choice — a choice of whether to continue electing their judges or instead use nonpartisan selection. This choice is important, because in some counties, electing judges makes sense, but in others, it just doesn’t. Since the plan’s inception, four other counties — including my home of Greene County — have opted to select their judges using the nonpartisan method. 

I am thankful we have The Missouri Plan, especially as I get to know other chief justices from around the country and hear some of them talk about having to raise not just millions but tens of millions of dollars to run for their seats. This spring’s race for a seat on the Wisconsin Supreme Court broke national spending records — by topping the $100-million mark. 

As you know, our Missouri Plan provides for a lot of citizen and voter involvement. They play such an important role in the entire process. But lawyers — lawyers too — are vital to this process. 

Lawyers engage with their neighbors and community and explain the role of judges in our judicial system. We as a profession need to be sure we are providing the public with consistent, accurate, meaningful information about how judges decide cases. Missourians must understand that our judges operate under the rule of law and decide cases based on the law and facts — not based on personal opinions, the governor who appointed them, or party labels. 

Unfortunately, Missourians frequently buy into headlines or social media posts proclaiming courts are “picking sides” based on political leanings, without ever even reading the judge’s decision. All of us — lawyers and judges alike — have experienced situations when our cases and decisions have been inaccurately or incompletely reported in the media or a social media post. It is even more frustrating when lawyers — people in our own profession — fall into this same trap. 

Every day, the judges on my Court and across this state deliberate and decide cases impacting the lives of Missourians. I can tell you, without hesitation, that my judicial colleagues and I always focus on what we believe the law requires us to do. We then do our very best to explain those reasons in our decisions. Never have our discussions involved the party of the governor who appointed us. Never have they involved “picking sides” based on politics. That is just not how we decide our cases. In fact, at times we don’t even like the outcomes of our own decisions, but we always are confident the law required the result. 

This past fall, I agonized for my colleagues up for retention or election — not just on my Court but around the state — smart, hardworking judges who were facing all manner of unfair social media attacks. Now, not all criticism is unfounded, of course, and we know as judges we may face criticism over the work we do. But what I saw alarmed me. The undue influence of money and politics is not good for our courts or the rule of law. This is precisely why Missourians worked so hard more than 85 years ago to enshrine The Missouri Plan into our constitution. But the plan relies on judges being retained or elected based on their merit — not misinformation or some social media algorithm. I hope all of you — individually and collectively — will work with us in the judiciary to help explain to the public how judges decide cases and diminish the influence of misinformation and misguided social media attacks on our courts and legal system. 

Improving access to legal services 

Another area in which the bar and the judiciary can work together is improving access to legal services in this state. Since becoming a judge, I have observed a growing number of litigants coming to our courthouses without lawyers. Even more concerning, there seems to be a growing number of people tackling legal issues without the benefit of legal counsel. This seems especially true in our rural communities. In more than a third of Missouri counties, there are only 10 licensed attorneys or fewer. In some counties, there are not even enough local lawyers to fill the prosecutor and associate circuit judge positions. 

Due to the efforts of lawyers in this very room, I know there is already a lot of work underway to reach more Missourians in need of legal services. For example, my dear friend Shelly Dreyer, your bar’s immediate past president, has made a career practicing not only in Joplin but also in the rural communities surrounding her hometown. I also appreciate efforts by judges and lawyers who have visited rural high schools, encouraging students there to consider pursuing legal careers in their hometowns. 

These efforts confirm what we know: There are not enough affordable legal services easily available to support the needs of Missourians in our rural communities. What we do not know, however, is the extent of the problem. Ensuring adequate legal services for rural Missourians cannot be left to speculation. We need solid evidence to determine how best to move forward. 

And so, your Missouri Bar has established a new Special Committee on Rural Practice in Missouri. This committee will start by asking important questions necessary to collect the data we need to clarify the issues and guide our work. I applaud The Missouri Bar for all these efforts and encourage all of you to stay tuned to learn how you can participate in this important process. 

But ensuring access to legal services is not limited to rural communities — it must be available for all Missourians. Everyday matters such as dissolutions, child custody agreements, estate plans, and business contracts are far too important to risk not being guided by the helpful hand of a lawyer. Justice cannot be reserved for just the wealthy. Everyone deserves zealous legal advocacy — even those who don’t live in our neighborhoods, don’t look like us, and don’t share our political views. It is up to all of us to make sure “justice for all” is not just an amorphous concept in our Constitution. We must strive to make justice a true reality in law offices and courthouses across our great state. 

Expanding civic education 

Despite challenges we face, I remain steadfastly confident in our courts and legal profession. But public perception and confidence in these institutions are waning. This lack of confidence erodes the faith our citizens have in our legal system. This erosion undermines the rule of law. People are less likely to follow a court decision if they lack understanding and faith in the process driving the decision. Therefore, as lawyers, we must rise and face this challenge to educate the public to protect the rule of law in our nation. 

Karl DeMarce, my former law school classmate and colleague, provided a roadmap for how our legal profession can address this challenge. For those who do not know or remember Karl, he was a kind and brilliant law student, lawyer, and jurist. And he just may be the smartest guy I have ever known, but he never sought fame or fortune. Rather, he laudably spent nearly his entire legal career as an associate circuit judge in rural northeast Missouri. Before he retired to become a pastor, he approached the law like his pastoral work — as a teacher. As a lawyer and a judge, he took the time and opportunity to explain and teach people how the law and legal process worked. He recognized fundamentally that lawyers and judges are blessed with a very special knowledge and responsibility — the opportunity to teach others.

How wise. And how very simple. We all, in this room, are teachers. And our subject matter is civic education. We can help the public better understand not only what we do — but why lawyers take the actions we take and why judges make the decisions we make. We can help the public understand that our nation was founded on the rule of law ... that we as lawyers and judges are governed and accountable to the Constitution and the written law — not personal or political preferences. We embrace a system of justice in which courts provide a safe forum where all parties can be heard and conflicts are resolved following established procedures, rules, and laws. And everyone — including lawyers, judges, and our leaders and other public officials — must honor and be accountable under that body of law. 

What a perfect opportunity to do so as we prepare for our nation’s 250th anniversary. So, in addition to your Pledge of Allegiance to this great nation, I implore all of you to take another pledge — a pledge to participate in civic education. Visit The Missouri Bar website and our Discover Missouri Courts website for resources to help you educate your fellow Missourians about the foundations of our legal institutions and profession. Volunteer to speak at your next church function. Reach out to community groups, local civic organizations, or your chamber of commerce. Contact your children’s school. A teacher recently told a member of our bar that having a judge and lawyer speak to the students was “life changing.” 

This proves you don’t have to imagine the impact we could make — it is a reality that you can create. If you take this pledge and accept this challenge, it can and will make a difference. And this pledge, this pledge will remind all of us — lawyers, judges, and the public alike — about the special role our profession plays in protecting liberty and justice for all, and that our efforts make a difference every single day in communities across this great state of Missouri. 

God bless each and every one of you, and thank you again for the opportunity to address all of you today.

Why did you want to become a lawyer, and later a judge? 

Family history introduced me to the law, and good luck and fortune led to my passion for the law and eventually the judiciary. 

After graduating from William Jewell College in Liberty with a political science degree, law school seemed to be the next logical step. When I graduated from the University of Missouri School of Law in 1996, I received and accepted an offer to join the Lathrop & Gage law firm in Kansas City, and I became a member of the firm’s real estate department. While I learned a lot from the experienced lawyers at the firm and thoroughly enjoyed working with exceptional lawyers, I quickly discovered I was not very interested in transactional law. 

At that time, my wife worked as a prosecutor in Jackson County. Her love for her job piqued my interest. I applied for an opening at the Platte County Prosecutor’s Office and became an assistant prosecutor. I loved being a trial lawyer. The courtroom was exciting, challenging, and rewarding. By dumb luck, I found my calling. I found the law — or the law found me — at the Platte County courthouse. 

But, finding the law was not purely accidental. I grew up around the law. My mother was a probation and parole officer, and my uncle a well-respected lawyer in our hometown of Springfield. My father also is a distinguished lawyer. He is still practicing in the Springfield area after 50-plus years. 

So, the legal profession has always played a big part in my life, and my family always held the judiciary in very high esteem. My uncle had a widely varied law practice, handling civil, domestic, and criminal litigation in addition to counseling several area businesses, and the idea of working in a variety of different legal arenas always intrigued me. But it is difficult to have a similarly varied practice in Kansas City, unless, of course, you work in the judiciary. 

Tell me about your journey to the Supreme Court of Missouri. What were your first thoughts when you found out you were appointed in 2017? 

After serving as a state and federal prosecutor for more than 10 years, I began applying for vacancies at the Jackson County Circuit Court. In 2008, I had the honor of being appointed circuit judge. 
Once I settled into my new job, I learned there were additional ways I could serve. The Supreme Court of Missouri has many standing committees, ad hoc workgroups, and task forces working with various subject matters. As a circuit judge, I served on several of these committees. 

I loved debating and collaborating with the other members of these groups, but what I learned about myself is I truly had an interest and a passion for seeking to improve the administration of justice in our state. I also realized I wanted to be one of the individuals sitting around the table analyzing the recommendations from the Court’s various committees, workgroups, and task forces and determining which should be adopted, in whole or in part. 

After serving approximately nine years as a circuit court judge, I decided to seek advancement to the Supreme Court of Missouri. I hated to leave the great people I worked with in Jackson County. Like all our trial courts across the state, the Jackson County Circuit Court is made up of a lot of good people doing great work for no notoriety and little pay. But the thought of being able to spend even more time working on the administration of justice really intrigued me, so I threw my hat in the ring and applied for a vacancy at the Court. 

Thankfully, every journey to the Court runs through the Appellate Judicial Commission and ends in the governor’s office. I am so very grateful for the confidence the commission members and Gov. Eric Greitens placed in me. But for Missouri’s Non-Partisan Court Plan, I never would have made it to our state’s highest court. 

After I received the call from the governor, I called my dad and mom, who has since died, and delivered the news. I will never forget that moment. 

What do you enjoy most about serving on the Court? 

I get to work with great people! My colleagues on the Court are fantastic. They are smart, witty, and a few of them can even sing! We are a very collaborative group. We don’t always agree, but we are never disagreeable, and we enjoy our time together. 

I also enjoy working with our great staff at the Court. There are a lot of moving pieces in the big red brick courthouse in Jefferson City, and the entire Court family always pulls together to keep the ship upright. I appreciate them all so much. 

As an added bonus, I get the opportunity to work with great people at the Office of State Courts Administrator and other judges and court staff across Missouri. They, along with members of The Missouri Bar and other judicial stakeholders, work tirelessly on many of the Court’s various standing committees, ad hoc workgroups, and task forces to improve the administration of justice and operation of our courts. 

These are the people who truly inspire me and make me want to get out of bed every morning to get back to work! 

What is something you’re looking forward to as chief justice?

Absolutely nothing! My colleagues jokingly refer to our stint as chief justice as a two-year sentence with no chance for parole. 

But in all seriousness, I do look forward to continuing the outstanding work and leadership provided by my predecessor, Hon. Mary Russell. 

There are many different facets involved in improving our courts and judicial system, but there are a few that led me to apply for a position on our Court. I have championed these issues over the years and hope to prioritize them during my time as chief justice. 

Access to justice 

There are too many places in Missouri without enough local lawyers to represent the legal needs of the community. In addition, legal representation has grown far too expensive for many Missourians to afford. Finally, we must ensure everyone, from all walks of life, is treated fairly and justly in our legal system. 

Criminal justice reform 

We have a mental and behavioral health crisis in our criminal justice system. Our treatment courts have achieved enormous success over the years addressing some of the issues associated with this crisis, and we can build upon these successes in different ways, including by improving and expanding our pretrial release programs. 

Non-Partisan Court Plan 

Missouri’s Non-Partisan Court Plan has worked well for 85 years to ensure the appointment of fair and impartial judges across our state while keeping the influence of money and partisan politics out of our courts and giving citizens the final say. Dubbed “The Missouri Plan,” this plan has become a model for the nation, with several other states adopting aspects of the plan to improve their court systems. I look forward to working with The Missouri Bar to ensure the success of this plan continues. 

What is something you want Missouri lawyers to know about the Supreme Court of Missouri? 

The Court has a rich and fascinating history. The Supreme Court of Missouri was created in 1820, with the adoption of the state’s first constitution. Originally, the Supreme Court of Missouri had only three judges. Constitutional changes expanded the Court in 1872 to five judges and again in 1890 to the current seven judges. 

For its first 54 years, the Court held arguments in various cities, rotating among Fayette, Jackson, St. Charles, and St. Louis. At various times, the Court also sat at Boonville, Bowling Green, Cape Girardeau, Columbia, Lexington, Palmyra, Potosi, and St. Joseph. It wasn’t until the 1875 Constitution that the Court gained a permanent seat in Jefferson City. 

The current red brick Supreme Court building was completed in 1907 from excess appropriations from the 1904 St. Louis World’s Fair. It is a beautiful building, and I would encourage all lawyers to bring their families to visit and learn more about the building and the Court’s rich history. 

What advice do you have for new lawyers? 

Pay close attention to, and frequently remind yourself of, the words of your oath of admission as a Missouri lawyer. It requires us to support our federal and state constitutions; to respect courts, judges, and one another; and to serve those who need our help. 

As John Adams expressed, ours is a “government of laws, not of men.” This concept is the bedrock of our federal and state constitutions, ensuring that the Rule of Law, not individual men and women, governs our way of life. But the freedoms and justice enshrined in our constitutions are not guaranteed unless we guard, protect, and preserve them. It is our responsibility as lawyers to defend and promote the Rule of Law. 

The oath we have taken as lawyers requires us to step up and serve. Diligent and honorable service to your clients, your profession, and your community is what being a lawyer is really all about. 

You routinely volunteer for civics education events, like Show Me the Constitution. Why do you believe it’s important for lawyers and judges to be involved in civic education? 

Civic education allows lawyers and judges to connect Missourians with their courts and legal institutions — where some of the most important issues in their lives are heard and decided every day.

Missourians are involved in more than 1 million cases each year — just in our state courts. But more people know about pop stars, pop culture, and social media influencers than the three branches of government or how judges decide cases in a court of law. Maybe this is because courts are not a topic of everyday conversation. Civic education creates opportunities for lawyers and judges to engage Missourians in a meaningful dialogue about their courts. 

The Missouri Bar and the judiciary have resources available to help. I encourage lawyers to learn more about the bar’s resources at MissouriLawyersHelp.org. Judges can also find resources at Courts.mo.gov/CivicEducation. 

What are some fun facts about yourself? 

I grew up in the same neighborhood as actor Brad Pitt. I’d like to say Brad frequently brags to all his friends about knowing me back in the day, but I would be lying. 

I am a huge Mizzou fan — especially football! My uncle played running back for the Tigers in the ʼ50s under Coach Don Faurot, and my family has been big Mizzou fans ever since. 

Is there anything else you would like to add or want Missouri lawyers to know? 

I am so proud to be a lawyer. The profession runs deep in my family, so being a lawyer is more than a career or a job to me — it is a way of life. 

It makes me proud to see lawyers serving their communities — on school boards, church groups, city councils, and other civic commissions and organizations. Of course, other professionals and community members do their part too, but lawyers provide the necessary guidance and leadership to support these groups in our communities. It makes me proud to see lawyers serving their clients. Whether in the public or private sector, lawyers put their clients’ needs before their own. 

It makes me proud to see lawyers serving our state and local bar organizations, engaging with one another at meetings, working on committees and commissions to improve the law, the legal system, and our profession. 

In a nutshell, being part of a profession that puts the interests of others before our own, providing tangible assistance to those who need our help, makes me very proud to be a Missouri lawyer. I hope you are, too!

Lt. Gov. Wasinger, Speaker Patterson, President Pro Tem O’Laughlin, statewide office holders, members of the General Assembly, judicial colleagues, and my fellow Missourians: It is an honor and privilege to serve as Missouri’s chief justice and to share with you this 51st State of the Judiciary. 

First off, I want to say I appreciate the sacrifices you and your families make so you can be here. My late husband Jim spent many years working in this incredible building, including four terms representing northwest Missouri in this very chamber. But he used to tell me, if I ever ran for office, he’d run for the state line! 

Our families are important to all of us. So, I’d like to introduce you to the members of my family here today – there’s quite a list, so give me a minute! We’ll start with my favorites – my grandchildren and my great-grandchildren, Nick, Alex, Avery, Evan, Isabelle, Claire, Harper, Miles, and Dawson – plus their families, Kim, Allen, Heather, Tom, Laura, and Allison. I love you all; please stand and be recognized! 

When I first gave this speech, one of my young grandkids – in an otherwise quiet moment – blurted out “Mimi sure does talk a lot!” I hope my little ones keep their comments to themselves today! 

Last year marked my 20th anniversary on the Court, but it feels just like yesterday when I first put on my robe across the street. It’s something this northeast Missouri far m girl never thought possible, even in her wildest dreams. 

Through the years I’ve learned: As important as the work we do here in Jefferson City is, it is equally important to understand the impact of our work on people throughout our state. So, during this term as chief justice, my goal has been to visit all 46 judicial circuits. I’ve been to 36 so far, with just 10 to go! 

Many of you have joined me to tour your local courthouses to hear from all your constituents who work there. By showing our gratitude to our “frontline court heroes” for their dedicated service to the people of our state, together, we have learned a lot.

We are the Show-Me State, and these tours have shown us that investing in our courts is an investment in our local citizens. Every day, more than 3,400 judges, court clerks, bailiffs, and other court employees perform critical functions on behalf of – and for the benefit of – all Missourians. Day in and day out, these local court staff diligently work to provide vital services to the people we all serve. 

This morning, I don’t want to talk to you about the work we do that makes headlines. Our courts are about so much more than the handful of litigants, issues, or cases that might attract your attention. Today, I want to tell you “the rest of the story” – how the daily activities of our courts matter in the lives of everyday people in all our communities, large and small. 

In every county, work begins before the courts open. Staff show up early, unlocking doors, turning up the heat, and – quite a few times so far this year – shoveling snow. 

In the 8 o’clock hour, courthouses across Missouri are opening for business, from Rock Port to Kahoka, Caruthersville to Neosho, and all points in between. Court clerks are firing up their computers to start processing overnight filings. Last year, there were more than 6.4 million filings. Case.net averaged more than 5 million hits per day – some of those might have been from you! And people made more than 250,000 payments online totaling more than $32 million. 

Thanks to your ongoing support for court technology, information that was once on paper is now electronic. This saves counties, municipalities, and people millions of dollars in postage, supplies, and storage. Your support allows us to continue providing the high level of online services Missourians expect and deserve. 

Last summer, an electrical event dramatically impacted our servers. But our amazing staff had all our courts back up and running within days. Although we continue serving the dayto- day technology needs of our courts and your constituents, more is required to bring us back to full functionality. Please consider funding to restore our data systems to capacity and help protect them against future problems. 

By 9 a.m., court staff are greeting potential jurors gathering in anticipation of jury trials, most of which are in criminal cases. Right now, there may be trials involving a burglary in Bethany, forgery in Fulton, or stealing in Salem. 

During my travels to your local courthouses, staff express concern about the low compensation for jurors, who are missing a paycheck or time with their families to perform this important civic duty. Last year, you considered changing jurors’ compensation, in part by tying their mileage rate to that of state employees. Currently, the statute provides jurors just 7 cents a mile. This year, please send these changes to the governor’s desk. Doing so will demonstrate respect for our jurors. 

But the day is only just beginning. In the 10 o’clock hour, in our associate divisions, judges may be hearing cases ranging from contract disputes in Columbia to landlord-tenant actions in Liberty to small claims in Ste. Genevieve. By 11 a.m., they are handling arraignments for charges such as trespass in Trenton, vandalism in Versailles, or possession in Potosi. 

There is plenty of work outside the courtrooms too. All morning, clerks are helping Missourians in a number of ways. Someone in Fredricktown needs to file a court form. Another person in Grant City wants to establish a garnishment. In Hermann, the circuit clerk – who also is the recorder of deeds – is helping a couple locate a property title. 

Things don’t stop over the lunch hour, when our municipal divisions may be the busiest, as clerks from Ava to Butler to Lancaster help people understand how to pay their traffic tickets. 

Juvenile detention centers across the state are busy as well. Staff in St. Charles and St. Louis city are preparing to help students with afternoon school lessons so they don’t fall behind, while employees down in Bloomfield are dishing up lunch for the teenagers detained there. These facilities operate 24 hours a day, seven days a week, 365 days a year. Their staff are always at work, through snow days and holidays alike. Their focus is steadfast on serving the youth. 

Let me introduce you to Demetrius Evans, whose passion for juvenile justice stems from hard-learned lessons. He was in and out of our St. Louis County juvenile system starting at age 7. As an adult, he reached out to staff and mentors whom he had met while in juvenile detention. He was determined to share his story with at-risk youth. He wanted to help them avoid the same mistakes he had made, to change the course of their lives.

Now he works as a deputy juvenile detention officer in Clayton. His boss says Demetrius has faced things in life that would break most people, but he has found a way to thrive and now channels his energies into improving his community “one kid at a time.” Everyone, please join me in thanking Demetrius for investing this second chapter of his life in serving our youth. Demetrius, would you please stand to be recognized? 

The increasing number of children in our juvenile detention centers continues to be a challenge. We have too few staff serving too many youth ... with too few beds available statewide. For example, it may be the middle of the night when a juvenile officer in Bowling Green gets a call to immediately find a bed in detention for a young person accused of a serious crime. After reaching out to several facilities, it turns out the closest bed may be several hours away, which puts a burden on the family and is not a very effective use of taxpayer dollars. 

We are grateful for the opportunity to work with you this year to increase bed capacity in two central Missouri detention centers, while increasing our security and mental health services and maintaining juvenile detention staff throughout our state. 

During the 1 o’clock hour, courthouse proceedings are starting up again. In the circuit division, a judge in Ava is getting ready to handle his favorite kind of case – an adoption. Meanwhile, a person is seeking a divorce in Doniphan, while another is hoping to modify child custody in Charleston. There may be an abandoned infant in need of court intervention in Independence, while children in Chillicothe may need protection from abuse or neglect. And in Tuscumbia, there is a hearing involving a preteen who has been truant. 

Many of these cases involve juvenile officers. One such “frontline hero” is Jenn Willis, whose boss calls her “a phenomenal asset” to the team serving the counties around Macon and Shelbyville. She mentors others; attends home visits with children and their families; hosts birthday lunches for kids on her case load; and often drives long distances to visit local youth who are in residential facilities far from home. Jenn is here with us today; please give her a well-earned round of applause! 

A lot of work is also happening in our probate divisions, from Palmyra to Pineville. For example, at 2 p.m., parents in Galena are seeking letters of guardianship over their child, who is turning 18 and has serious intellectual disabilities. In Gallatin, a brother and sister are seeking to become guardians of their grandmother, who is suffering from dementia. And in Camdenton, the probate clerk is helping a man file an annual report in his elderly uncle’s conservatorship. 

By 3 p.m., judges from Edina to Eminence are finalizing probate estates for families who have lost loved ones. In Warsaw and West Plains, individuals are presenting evidence in disputes over wills. Meanwhile, from Marshall to Mount Vernon, courts are holding emergency hearings to determine whether individuals having a mental health crisis need to be hospitalized or can be treated as outpatients. 

During my travels, your constituents express concern about mental health issues impacting people in nearly every type of case, from juvenile to criminal to civil. To continue addressing these issues, we want to expand our treatment court divisions to include mental health courts and grow our pretrial services programs. Over three decades, our treatment courts have built a track record of success, helping people stay out of our criminal justice system and find new beginnings as both loving members of their families and productive community citizens. 

Last year, you approved funding to expand pretrial services from two pilot sites to programs now in more than nine circuits. Not all defendants charged with a crime need to be detained before trial. We should reserve our county jails for those who are assessed as dangerous or a flight risk. But pretrial services involve more than just assessment and supervision. They also connect nonviolent defendants with community resources to help them find housing, jobs or transportation, or to stay free of substance abuse. 

Connecting all of these resources with defendants saves counties money while ensuring public safety. But it also makes it more likely that defendants will actually show up in court and helps close their revolving door into our criminal justice system. Pretrial services are a promising tool to achieve positive results. Together, we can expand these programs to more circuits next year. 

While the working day is drawing to a close, much activity continues. At 4 p.m., court clerks from Osceola to Plattsburg are helping women apply for orders of protection. In Springfield, the comfort dog, Derby, is taking a last lap around the courthouse, offering sniffs and snuggles to some children whose parents are getting divorced. Up in Unionville, a judge is performing a wedding for a local couple while the bailiff serves as a witness. 

Meanwhile, things remain busy in Kansas City, where one municipal judge is working through an afternoon housing docket online. Another is hosting a walk-in docket in the courtroom for those who signed up to have their cases heard. A third municipal judge is preparing for virtual arraignments. In an effort to accommodate people’s lives, these judges and staff have utilized a variety of scheduling options to make court appearances more convenient, so litigants don’t have to miss work or family obligations. 

By 5 p.m., most local courthouses are closing, but the day is far from done. Judges all over the state continue to electronically sign warrants at all hours of the night or review case files for the next day’s proceedings. Here in Jefferson City, our information technology staff are implementing a scheduled update with local IT professionals.

These examples reflect a typical “day in the life” in courthouses throughout Missouri. I hope they show you how vital our courts are to your constituents. Most of the work does not generate headlines or go viral on social media, but ordinary duties create extraordinary results for citizens across our state. 

From the frontlines, our local court staff experience firsthand how their everyday work impacts the people in their communities. They see the worry on the faces of their neighbors who come to court, seeking resolution of a legal problem. They hear the anxiety in the voices of people who call with questions. They can’t help but internalize some of the traumatic stories shared in the courtroom. They understand how important every case is ... to the individuals involved. 

Perhaps you’ll find it corny, but I consider our 3,400-plus employees across the state to be one large court family ... a family brought together by a common purpose – to serve people in all corners of the state, to ensure the fair and effective administration of justice for all. I am grateful my judicial career has allowed me to get to know so many incredible members of our court family who make a difference every day. 

Our courts are woven into the fabric of our daily lives. There is a reason our courthouses were built in the heart of every county seat in Missouri. If you haven’t recently, please go watch a court proceeding, experience it firsthand, and thank the court staff for all they do, day in and day out, to serve everyone in your community. Don’t take my word for it! Let our “frontline heroes” show you how strong and vibrant the state of Missouri’s judiciary is. 

As you tackle important issues this session, remember we stand with you, ready to assist, as your constitutional partners. Together, we can strengthen community safety, enhance the efficiency of our courts, and serve our citizens well. Together, we can leave a strong legacy for Missourians for years to come. 

My very best wishes to you all, as you continue this legislative session. God bless you, and this great state!

Hon. Zel Fischer, of the Supreme Court of Missouri; Hon. Gary Witt, of the Missouri Court of Appeals-Western District; Hon. John Torbitzky, of the Missouri Court of Appeals-Eastern District; and Hon. Matt Hamner, of the Missouri Court of Appeals-Southern District, provided insight into ways lawyers can even better improve their appellate practices.

The Missouri Bar Appellate Practice Committee arranged the panel, which was moderated by Cale Spangler, of Spangler Ward LLC in Sedalia.

The panel discussed what appellate lawyers might do that limits their position from the outset.

Torbitzky said he can tell when a lawyer’s brief lacks a clear argument. This can happen when a brief is overwritten — the pieces are painstakingly formatted and arranged but lack structure — or when it is underwritten, essentially a transcript with no overarching idea.

When going through a statement of facts, stating what each witness said is not as effective as telling the story of your case and citing where those parts are in the record, Witt added.

It should be clear to the judge that a lawyer thought about what they are trying to get out of a brief and what they want the judges to do, Torbitzky said.

Lawyers should also concisely draft their briefs and make it easy for a judge to find in your favor, Torbitzky said.

Witt encouraged lawyers to be upfront about information that might hurt their cases.

Lawyers can also make briefs shorter with a summary of arguments, Witt suggested.

Like Torbitzky, Witt encouraged brief writers to, “focus on what you need to get to the answer you want.”

Organization not only improves arguments but helps keep briefs short, Fischer said. If three out of five points in a brief have the same standard of review, for example, they can be grouped together and rely upon the same standard of review discussion.

Fischer also discussed amicus briefs, acknowledging that many organizations produce professional briefs on even narrow issues of Missouri law, and it can be worth the appellate lawyer's time to work with these organizations.

While they don’t see amicus briefs often, the panelists said, they can be effective if done well. The judges emphasized that amici that provide topical legal analysis are more effective than amici that aggressively rely on policy arguments.

The judges also provided advice on ways lawyers can improve their oral arguments.

A good oral argument is a conversation, Torbitzky said.

“I personally would love it if every oral argument started with somebody coming up and saying, ‘These are the weakest parts of my case and this is why that doesn’t matter,’” he said, “because if we’re going to ask you questions at the oral argument, it’s always going to focus on the weakest parts of your case.”

Good oral arguments can be effective, Witt said, adding he has heard oral arguments that have changed his and other judges’ minds in previous cases.

The panelists also discussed new rules, or old rules that aren’t always followed, that appellate lawyers should remember. Fischer explained new rules 81.045 and 82.05, along with recent revisions to 83.04 and 83.05.

Other topics included mediation, local rules, livestreaming, why some opinions are not published, and abbreviations.

The panel will be rebroadcasted at a future date, to be announced.

“This morning, I don’t want to talk to you about the work we do that makes headlines. Our courts are about so much more than the handful of litigants, issues, or cases that might attract your attention,” Russell said. “Today, I want to tell you ‘the rest of the story’ – how the daily activities of our courts matter in the lives of everyday people in all our communities, large and small.”

Every day, more than 3,400 judges, court clerks, bailiffs, and other court employees perform critical functions on behalf of and for the benefit of Missourians, working to provide vital services, Russell said.

Her goal as chief justice this term has been to visit all 46 judicial circuits, and she now has only 10 more to go, Russell said. These visits have allowed her to not only thank the “frontline heroes,” but also better understand the needs of court staff and Missourians, she said.

For example, Russell emphasized the importance of increasing juror pay. While legislators had considered changes to juror pay last year, Russell encouraged them to get the changes to the governor’s desk this year.

“During my travels to your local courthouses, staff express concern about the low compensation for jurors, who are missing a paycheck or time with their families to perform this important civic duty,” Russell said.

Russell also highlighted the work of juvenile detention centers, recognizing Demetrius Evans, who was in and out of the St. Louis County juvenile system starting at seven years old. Now, as a deputy juvenile detention officer in Clayton, he shares his story with at-risk youth and helps them avoid the same choices he made.

The increasing numbers of children in juvenile detention centers continues to be a challenge, she said. Too few staff are serving too many youth, with too few beds available.

Russell also recognized Jenn Willis, a juvenile officer and “frontline hero,” who attends home visits with children and their families and hosts birthday lunches for kids on her caseloads.

Russell said people have expressed concern about mental health issues impacting people in nearly every type of case. To continue addressing these issues, Russell said she wants to expand treatment court divisions to include mental health courts and grow pretrial service programs.

“Over three decades, our treatment courts have built a track record of success, helping people stay out of our criminal justice system and find new beginnings as both loving members of their families and productive community citizens,” Russell said.

In addition, pretrial services are a promising tool to achieve positive results, she said, making it more likely that defendants will show up in court and helping close their revolving door into the criminal justice system.

Last year was her 20th anniversary on the Court, Russell noted, something she, as a northeast Missouri farm girl – never thought possible. Russell said she is grateful her judicial career allowed her to get to know so many incredible members of the court who make a difference every day.

“Perhaps you’ll find it corny, but I consider our 3,400-plus employees across the state to be one large court family ... a family brought together by a common purpose – to serve people in all corners of the state, to ensure the fair and effective administration of justice for all,” Russell said.

She concluded by encouraging the legislators to visit a court proceeding and thank court staff for all they do day in and day out.

“As you tackle important issues this session, remember we stand with you, ready to assist, as your constitutional partners,” Russell said. “Together, we can strengthen community safety, enhance the efficiency of our courts, and serve our citizens well. Together, we can leave a strong legacy for Missourians for years to come.”

Photos courtesy of Tim Bommel

According to the Supreme Court of Missouri, the State of the Judiciary “provides an opportunity to bring together all three branches of government and the public to learn more about the state courts’ accomplishments and priorities.” The first State of the Judiciary address was delivered in 1974, the Court notes.

If you have questions regarding the address, contact Beth Riggert, communications counsel for the Supreme Court of Missouri, at beth.riggert@courts.mo.gov or 573-751-3676.

Hon. Mary R. Russell is chief justice of the Supreme Court of Missouri.

Thank you, President-Elect Dreyer, and good afternoon to all of you! I am honored to be here celebrating the 80th anniversary of The Missouri Bar. And let me tell you ... from up here, you all look pretty good for 80!

How many of you are attending your very first Annual Meeting? I attended for the first time when I was a young associate at a small Hannibal law firm. It was “strongly suggested” I go by my new boss, Bob Clayton, who had been very involved in The Missouri Bar for years and would soon serve as president. 

He introduced me to his generation of lawyers and other leaders. He later encouraged me to run for a seat on the Young Lawyers’ Section Council. It was through that council that I met Zel Fischer, Karen Mitchell, Dan Scott, Angela Quigless, and Bill Corrigan Jr. – not only did they all become judges, too, but they also became my lifelong friends. It’s also where I met our ABA President, Bill Bay, who is another lifelong friend. 

Because Bob always was such a huge mentor and cheerleader of mine, I always assumed he was happy to have hired me ... but I recently learned that he struggled with the idea of employing a female attorney. At that time, there was only one other woman practicing law in our small town – it was the mid-1980s! Apparently, Bob was apprehensive to add a female to his two-man firm. He sought advice from one of his friends on the Board of Governors, Jerry Brandt, of Liberty. He assured Bob, “Hey, it wouldn’t hurt a thing to add a girl to the firm.” I believe Jerry is here today – thank you for your endorsement, Jerry. Without you, who knows where I would be? 

I hope Bob never regretted his choice, but as far as I am concerned, joining his practice was one of the best decisions in my life … second only to agreeing to marry my late husband. 

Bob became my mentor, my law partner, my friend, my confidante ... basically, we became family. Bob, I know you weren’t aware I was going to talk about you today, but please stand so everyone can join me in recognizing you! Now, Bob, I need to warn you: I’m going to be talking a lot about you in this speech ... and all the lessons you taught me. 

I am so glad Bob took the time to invest in me and teach me all the realities I needed to know to practice law. You know all those things we didn’t really learn in law school ... how to take a deposition or notice up a hearing, make sure the staff gets paid, how to handle lawyers who were bullies, remind clients they might be behind in paying fees, and how to deliver the bad news. 

In all our years working together, we never had a disagreement. Well, except that one Saturday morning I brought my dog to work, and he peed on Bob’s carpet! (Let’s just say Sparky stayed home after that!) 

From Bob, I learned to value the practice of law as a profession and not just a job ... an avocation, not a vocation. I learned the importance of honesty to our clients and the courts ... the importance of service through pro bono, civic, and charitable work in our community and state. 

Bob also demonstrated that we are lawyers 24/7, and our code of ethics governs us at all times. He set the example of showing respect for all. He greeted everyone warmly, no matter their station in life. 

Thanks to him, I have always made a point of getting to know court staff, valuing not only the work they do but also caring about them and their loved ones. 

Bob’s appreciation of court staff set an example for me. And I believe it was what inspired me to spend the past 14 months traveling the state thanking our frontline heroes for everything they do to serve the public and to keep our courts functioning smoothly. So far, I have visited 30 circuits, with another 16 to go by June. I am surprised how many local court employees have never met a Supreme Court judge. Many can’t believe the chief justice would travel to their courthouse just to shake their hands and say, “Thank you.” I want to get to know them, and it is my hope that hearing how much they are appreciated boosts their morale and renews their enthusiasm for the important work they do. 

During my visits, I hear about the successes of their circuits and also how the judiciary can be improved. The lessons I’ve learned are consistent across the state. Our clerks are resilient, but it has been exhausting for them to adapt to a new case management system while also processing workloads, searching old court records to expunge eligible marijuana convictions, and fielding questions about redactions. Meanwhile, the ever-growing number of self-represented litigants also puts a strain on them to balance helping without giving legal advice. 

Those working with jurors are frustrated by how little money the law guarantees as pay for local citizens who serve on juries. Our juvenile system employees are worried about the lack of available beds and staff in our juvenile detention centers. And everyone is disheartened at the growing number of litigants who need mental health services and the lack of available resources across all case types. 

Our courts are also facing an increasing loss of public trust and confidence ... and civility. We see it in the news and on social media, and I hear about it from court staff who increasingly encounter disrespect and vitriol from the public. 

In my 30 years on the bench, I have never seen such low public trust and confidence as I see now. 

And national data proves it. When asked whether they believe state courts provide equal justice for all, more people say no than yes. Focus groups describe two systems of justice – one for those with money or connections, and the other ... for everyone else. And almost half the people surveyed believe their state courts need to do more to help them navigate the court system ... without an attorney. This should concern us all. 

This loss of public trust and confidence coincides with attacks against our entire system. Our courts and judges are disrespected. They are called “corrupt” or “illegitimate.” They receive angry, belligerent phone calls. And they even receive threats of physical violence. 

Right here in Missouri, judges recently have received death threats, have had threats made against their family members, have been threatened with the public release of their private financial information, and even had litigants show up at their homes. 

The violence is not isolated to our judges. Earlier this year, we were devastated when a Jackson County circuit court employee was killed in the line of duty when he went to serve an eviction notice. 

So, what can we do to help reduce these threats and bolster public trust and confidence? 

When I was practicing, I certainly did not win every case I tried or every motion I argued. Sometimes I just didn’t have the facts – or the law – on my side. And sometimes, even when I thought I had a good case, I still lost. And, admittedly, I probably won some cases I shouldn’t have. But no matter the outcome, Bob always taught me to never speak ill of any court or judge in talking with my clients or the public. We took seriously our ethical obligation to show respect toward the judicial system and legal process. 

As Bob demonstrated to me, both lawyers and judges are leaders in Missouri’s legal community. What we tell our clients, our neighbors, our friends, and our family – and what tone we take – all matter because we influence others, whether we realize it or not. We should tone down our rhetoric when we talk about any judicial decision with which we disagree. 

We must remind litigants, our clients, and the public that neither judges nor lawyers are above the law. All of us are accountable – to our constitutions, laws, and ethical rules – and subject to criminal sanctions if we break the law. In addition, Missouri judges have financial disclosure requirements, just like elected officials in the executive and legislative branches. 

We also need to provide more accessibility and transparency, so the public better understands our system. After all, more than 95% of all cases are heard in state courts, not federal courts. We want people to feel like their state courts are relevant in their daily lives. 

It is not enough to say that justice is being done. The public must see first-hand it is being done before they will begin to believe it is being done. Last week, our Supreme Court started live video streaming of our oral arguments, giving more people a view of what is happening at the Court. Now the public can watch arguments from their computers or mobile devices, without having to travel to Jefferson City. 

We also need to better utilize social media, because like it or not, people increasingly rely on social media for information. So, we all need to provide accurate facts about how our courts and legal system work. When we see incorrect information, we need to flag it and fix it. Many of your organizations already have social media accounts. Now the Supreme Court is starting accounts, too. This way, we can help more people learn about activities and programs at all levels of the courts and spotlight incredible individuals for the hard work they do every day. If you have any ideas of what we can share, please let us know! 

Utilizing technology in the courts and in the practice of law continues to be essential. I learned this early, because Bob loved technology, which might surprise you about a guy who used to have a side gig playing Mark Twain. He especially advocated technology that could help us serve our clients better, more efficiently, and at a reduced cost. As a result, our firm was always on the cutting edge. We were early users of computers, and, in fact, we were the first law firm in Hannibal with a dedicated fax line! (Hey, it was revolutionary back then!) 

Today, we stand on the brink of another technology revolution – generative artificial intelligence. AI is already in our lives. If you’ve used Siri or Alexa, you’ve used AI. You know those ads that show up right after you were shopping online? You have AI to thank for that. And no matter what legal research tool you are using, it probably has AI built into it. 

Generative AI is being incorporated into legal processes worldwide. Some countries are deploying AI to increase access to justice. But other countries are using AI to replace human decision-making and “correct human error.” One country is even developing an AI system to decide family law cases – a judge only gets involved if there is an appeal. That scares me. 

The bottom line is this: Generative AI is here to stay, and its use in our profession is inevitable. We all have practical and ethical duties to become competent about generative AI. But we also have an imperative to establish appropriate guardrails around its use in our legal profession. 

If they haven’t already, your clients – large and small – will start asking you to find ways to use generative AI. They will expect you to reduce the cost of legal services while maintaining high standards for the quality of those services. We should find ways to be more efficient so we can be more effective at the uniquely human elements of our work. 

Missouri courts are taking a lead in shaping our future. Our judicial AI work group is developing policies and strategies to help the people who work in our legal system, not to replace them. 

Speaking of people we value, I value all of my colleagues on our Court, including our newest member – Judge Ginger Gooch, who joined us this past November. Ginger, we are thrilled to have you on our Court. And for those of you who are counting, yes, we still have a female majority on the state Supreme Court. 

I know Judge Gooch has also had great mentors in her career, including Judge Ann Covington, for whom she clerked after law school. Judge Covington is a mentor who made a lasting impact on everyone she encountered, including me. 

Judge Gooch and I were fortunate to have mentors like Judge Covington and Bob and others along the way. Everything they did served as an example of ethics, professionalism, and civility. They exemplified leadership through actions, not just words. 

As I reflect on the profound impact people like them have had in shaping my professional journey, I am more driven to express gratitude at every opportunity to all those who have helped me. 

Perhaps you too have been thinking about the special mentors in your lives, whose investments shaped you into the individuals and professionals you are today. 

We all benefit from the knowledge, experience, and generosity of those who have come before us. Let us not take their support for granted. Let us seize the opportunity now to express our gratitude to those who have helped guide our careers. 

I appreciate you indulging me today as I have shared how instrumental Bob’s mentorship has been to me. I never will forget his wisdom, guidance, humor, and unwavering belief in my abilities. 

And as we go forward, let us find ways to play a role in the success of others by mentoring and developing another generation of lawyers and leaders ... not because we hope to gain anything for ourselves, but because we are invested in making sure our legal profession remains headed in the right direction. 

So, I encourage you to lift others up as we navigate the future together. Who knows, our small actions today could result in a profound impact on someone else in the future! 

Thank you. 

My late husband represented northwest Missouri here in the House – he sat right there! Although Jim is only with us in spirit now, other members of my family are here this morning – please welcome them as they stand! 

We have three of our adorable grandchildren here – Avery, age 11; Evan, age 7; and Isabelle, who just turned 4. Claire, who is almost 2, is missing today – she couldn’t get paroled from daycare. The grandkids even brought their parents, Heather and Allen, and Laura and Tom. 

I am thrilled to have you all here today, and I love you and appreciate all your support for my public service habit!

My family consciously practices gratitude. We try to teach our youngest to have an “attitude of gratitude.” At Sunday dinners at my house, we go around the table and we say what we are grateful for. Rules are simple: Don’t repeat anything, and don’t eat until everyone has spoken. 

Whether at home or at work, we all have many reasons to express gratitude. 

Gratitude for those in the judiciary

To start, I have deep gratitude for my second family, within the judiciary. For more than two decades, I have worked with many fabulous judges – including my “housemates” across the street. 

It’s worth noting again what the governor mentioned two weeks ago: For the first time in the history of our great state, we have a majority of female judges on our Court! Missouri’s high Court is now one of only 15 in the nation with a female majority. 

This is something I simply never imagined happening. I truly hope this historic achievement inspires Missouri’s children – no matter their background – to believe that they, too, can become a state Supreme Court judge if they want. 

Our newest colleagues, elevated last fall from the court of appeals, are Judge Kelly Broniec, of Montgomery City, and Judge Ginger Gooch, of Springfield – who, by the way, is the first Supreme Court judge from southwest Missouri in more than two decades! 

We are all grateful for Gov. Parson’s appointments under The Missouri Plan and for his recognition that, sometimes, the best man for the job is actually a woman! 

Although I currently serve as the “face” of the judiciary, the hard work is performed in your local courthouses, by nearly 3,600 clerks, bailiffs, court reporters, jury supervisors, juvenile office staff, and others, plus more than 400 judges and commissioners. All of us should have immense gratitude for these frontline heroes and their daily work behind the scenes for your constituents. 

Thanks to them, we are problem solvers as we decide hundreds of thousands of legal disputes each year. Because of their hard work, I am proud to say the state of Missouri’s judiciary is strong. 

During my two-year term as chief justice, I am personally visiting all 46 judicial circuits to witness the important work our trial courts do; I have been to 14 so far! My goal on this “gratitude tour” is to meet local court staff, shake their hands, and express how much we appreciate them. I also listen carefully to their ideas about how we could help them better serve their local communities. 

I have been inviting you to tour your local courthouses with me. I am grateful so many of you have joined me to meet your local frontline heroes and learn more about their work. I look forward to seeing more of you on one of my next 32 visits. 

Gratitude for legislative support 

I also enjoy opportunities like this, when we come together from separate branches of government and work as constitutional partners to improve the administration of justice for all Missourians.

Judicial Privacy Act

Judges and prosecutors across Missouri – and their families – are grateful for your action last session to pass the Judicial Privacy Act and protect us from violence and threats of violence as we do our jobs. 

Expungement assistance 

You are aware of the challenges presented by the passage of Amendment 3. Your constituents, working in circuit clerk offices statewide, are grateful for the financial assistance you have provided to help them do the highly detailed expungement work the constitution now requires. 

We are making significant strides. As of this week, our courts have reviewed more than 245,000 cases, of which they have expunged nearly 109,000. Plus, they’ve done all this while still processing all your constituents’ other cases. A number of circuit clerks who were meeting in Jefferson City today are with us now. Please join me in giving all these dedicated court staff – and all those working in your local courthouses – an incredibly well-deserved round of applause! 

Court technology 

We also want to express our gratitude for your ongoing support of our statewide court automation system. We believe Missouri was the first state to have such a system. It now includes all of our municipal courts, too – a major milestone that we’ve just completed! 

Technology allows us to continue delivering the customer service your constituents expect and deserve. Our most popular service, Case.net, provides web-based access to more than 27 million public case records ... and counting. And now, people can see public case documents filed on or after July 1 remotely, from the convenience of a smart phone or home computer. Since remote public access started, the average number of hits on Case.net has reached nearly 5.2 million per day, with an average of nearly 7,000 people a month signing up to track cases through Case.net. 

Gratitude for legislative support 

We are also grateful for your consideration this session of bills to increase juror compensation – a need I have heard expressed consistently in my local courthouse visits. 

The right to a jury of your peers has always been a part of our nation’s fundamental values. But many of our courts struggle to have enough jurors. To comply with jury service, our citizens must take time off work and make other arrangements to care for their families. In turn, they may receive only the statutory minimum of just $6 per day and seven cents per mile for traveling from their homes to the courthouse and back. These amounts have not been updated since at least 1989. Judges are embarrassed to tell jurors these rates, and one clerk described the amounts as an insult to those who show up for jury service. 

We are grateful for your consideration of how best to compensate your local citizens for performing this important constitutional duty. 

Treatment court programs 

We are also grateful for your ongoing support of treatment courts. After three decades, we have thousands of successful treatment court graduates who are testaments to how well these programs work. If you haven’t already, please attend a local treatment court graduation. But bring a tissue, as every ceremony abounds with inspiring stories of lives restored and families healed. Here is one example: 

Loretta Huff came from a broken home. Just as Johnny Lee once sang, she went “lookin’ for love in all the wrong places.” She ended up incarcerated five times for a variety of convictions. She was in a dark place, believing there was no room in society for someone with her criminal history. But then she was accepted into Boone County’s treatment court. She credits this with saving her life. Upon graduation, she began helping others. She now works as a counselor and helps lead a support group for treatment court alumni in Callaway County. She has gratitude for her treatment court experience and is proud of her new pattern of making good choices. Loretta is here – let’s give her our gratitude for her success and for paying it forward!

We are grateful you are considering adding mental health courts to the list of approved treatment courts, expanding our ability to serve even more people. 

Impact of mental health issues on our courts 

Speaking of mental health, these issues – either alone or in tandem with substance abuse – increasingly impact our courts on a daily basis in all types of cases. These problems compound in our communities, taking a toll on our law enforcement officers, our jails, our hospitals, and our nursing homes as everyone struggles for solutions. 

Our jails have become the largest mental health facilities in our counties. But that is not how jails are designed, nor how their staff are trained. Jails should be used in the short term to detain people accused of crimes or found guilty of minor crimes. Concrete cell blocks are not conducive for treating mental health or addiction issues. 

Individuals with mental health issues pose a danger to themselves and others in jail. One judge in outstate Missouri recently told me, despite the court ordering a much-needed mental health competency evaluation, the inmate had to wait eight months – creating difficult, if not impossible, conditions for deputies trying to keep control in the jail. 

Unfortunately, I hear similar stories all over our state. The longer inmates with mental health problems remain detained – without treatment or without being tried for a crime, let alone convicted – the worse they get. 

So, what do we do about it? We work together. Growing up on a farm, I learned that silos are great for holding grain. But government cannot operate in silos. We cannot afford to say, “not our problem,” and kick the proverbial can down the road. Because these are not cans – they are our loved ones, our neighbors, all the people who make up our local communities. 

Instead, we must work together – across all branches of government, at the state and local levels, and with the nonprofit and private sectors. Only by sharing our best ideas and pooling our limited resources can we make a positive difference. 

All areas of the state are in dire need of mental health services for defendants. Together, we can build networks to help keep those in need of mental health services out of our courts and jails so they can live safely and successfully in all our local communities. Simply put: Justice cannot be by geography. 

Pretrial services programs 

We owe our gratitude to court and community leaders paving the way with new programs to help defendants with mental health issues. To address mental health and other needs at the earliest opportunity, pretrial services programs are proving efficient and effective. Like treatment courts, these programs are community-driven, with judges, prosecutors, public defenders, law enforcement officers, and mental health professionals all collaborating to get offenders the help they need. 

Consider Montgomery County – one of only five pilot sites in the nation, selected to improve pretrial diversion for defendants with mental health needs. I had a chance to visit with its pretrial services staff a few months ago. Although in its early stages, the program shows great promise. It has also been received well by victims, who are pleased to learn there are local options for those who don’t need incarceration but do need help with mental health issues. 

Other defendants who qualify for pretrial release need different types of structure and support. Resources for these defendants can also include basic assistance such as locating a place to live, getting a GED, finding a job, applying for a driver’s license, and even transportation. 

This support helped one Montgomery County man turn his life around since last summer. At the time of his arrest, with a barely livable home, he had no regular mental health assistance, abused alcohol, and was surrounded by criminal activity. Then he was released into the prosecutor’s mental health diversion program. Now, six months later, he is sober, receives regular mental health treatment, has severed his relationships with criminal associates, and lives in a structurally safe home. He credits pretrial services with kick-starting him onto a pathway to success.

We know the success of these programs can be far-reaching. Consider Sheila Santillan, one of Jasper County’s earliest pretrial services program successes. She spent her teens bouncing around foster homes. As a young adult, she became entangled with drugs, got clean, but then had trouble finding stable housing. She took care of her father as he battled cancer, but after he died, she slipped again and was arrested for felony drug possession. Thanks to the pretrial services she received, Sheila was able to keep her job at a local restaurant, checking in with her pretrial release officer twice a week. Ultimately, she pleaded guilty, received a suspended execution of sentence, and performed community service. 

In the six years since, she has not returned to our criminal justice system and is happy to have moved on with her life. Sheila, I know you are watching online; please hear our applause showing how proud we are of your accomplishments!

It is our courts – through your local judges and court staff – who are keeping people like Sheila out of needless incarceration, instead making sure they receive life-changing treatment. We owe our heartfelt gratitude to these court heroes for protecting our communities and helping defendants like Sheila and so many others live up to their potential. 

Members of our Jasper and Montgomery County pretrial services teams are here today; please join me in showing them our gratitude for the investment they are making in the lives of our fellow Missourians! 

But unfortunately, not every county has a pretrial services team. Regardless of geography, defendants everywhere deserve the same opportunities. We are grateful for your consideration of our request to establish a statewide pretrial services program. 

Juvenile detention 

There is one final area in which we really need your partnership. Unfortunately, many juveniles suffer from mental health issues, too. During my visits to your districts, I have heard a lot about the need for increased mental health and security services in our juvenile detention facilities. 

These facilities are housing more, and older, youth. There is a lack of available beds for juvenile offenders who need to be detained, especially outstate. Older, more streetwise youth are now being housed with younger juveniles, who I fear may not be learning good things from their older peers. 

In addition, more youth are being certified to stand trial as adults. This is due to the seriousness of their alleged offenses.

And more of these youth are remaining in secure juvenile facilities until their cases in adult courts are final. Having more high-risk, high-need youth staying longer in detention impacts the overall safety, security, and rehabilitative focus of our entire juvenile justice system. 

I admire the dedication and fortitude of all your local juvenile office staff, detention personnel, and judges who serve these youth  and families under increasingly difficult circumstances. 

We are grateful for your consideration of our budget request to help us better serve youth in detention. 

Conclusion 

In conclusion, we have many challenging issues facing us, but I am grateful for the opportunity to work with you in tackling them. I am confident, working together as constitutional partners, we can succeed. 

Every session brings a unique blend of stress, challenges, and opportunities. I know how hard it is to leave your loved ones behind, week in and week out, to come here, plowing through thousands of bills, as you set out to do the people’s business. 

And I know you, like me, are grateful for our families who support us in our public service. The public may identify us by “fancy titles,” like representative or senator or judge. But the titles that our loved ones give us are far more dear. My heart just melts when my grandkids call me “Mimi.” 

Ultimately, you and I all owe a debt of gratitude to the people of our great state of Missouri for entrusting us to be their public servants. I imagine our younger selves never dreamed of such incredible opportunities or such tremendous responsibilities. 

I am grateful for our time together this morning. Please take care of yourselves this session. It is stressful, and easy to dwell on conflicts and negativity. So, I encourage you – just as I encourage my family at Sunday dinners – to focus on gratitude. 

God bless you, and God bless this great state of Missouri, the home of our Kansas City Chiefs!!!

Photo captions

1 Chief Justice Mary R. Russell presents the State of the Judiciary address on Feb. 7 to the Missouri General Assembly. Photo courtesy of Tim Bommel, Missouri House of Representatives

2 Chief Justice Mary R. Russell shakes hands with Missouri legislators and guests during the State of the Judiciary address on Feb. 7. Photo courtesy of Tim Bommel, Missouri House of Representatives

3 Missouri legislators and guests listen as Chief Justice Mary R. Russell presents the State of the Judiciary address on Feb. 7 to the Missouri General Assembly. Photo courtesy of Tim Bommel, Missouri House of Representatives

4  Chief Justice Mary R. Russell’s family stands to be recognized during the State of the Judiciary. Photo courtesy of Tim Bommel, Missouri House of Representatives

Chief Justice Mary R. Russell speaks to lawmakers Feb. 7 during the 2024 State of the Judiciary at the State Capitol. Photos by Tim Bommel of House Communications.

In a Feb. 7 address to a joint session of the Missouri General Assembly, Supreme Court of Missouri Chief Justice Mary R. Russell delivered a message emphasizing gratitude and cooperation in addressing the state's judicial goals and challenges.  

With a nod to her late husband, Russell introduced members of her family in attendance, including her grandchildren.  

"My family consciously practices gratitude," she said. "We try to teach our youngest to have an 'attitude of gratitude.' At Sunday dinners at my house, we go around the table and we say what we are grateful for." 

Expressing gratitude for her colleagues on the bench, Russell noted the recent historic milestone of a majority of female judges on the Supreme Court of Missouri.  

“This is something I simply never imagined happening,” Russell said. “I truly hope this historic achievement inspires Missouri’s children – no matter their background – to believe that they, too, can become a state Supreme Court judge if they want.” 

Throughout her address, Russell underscored the essential role of the 3,600 court personnel statewide who enable Missourians ongoing access to our courts.  

"All of us should have immense gratitude for these frontline heroes and their daily work behind the scenes for your constituents," she said. “Thanks to them, we are problem solvers as we decide hundreds of thousands of legal disputes each year. Because of their hard work, I am proud to say the state of Missouri’s judiciary is strong.” 

Russell's gratitude extended to the legislature for its support of key judicial initiatives, including the passage of the judicial privacy act and funding to aid with expungement procedures mandated by constitutional amendments. She also thanked lawmakers for ongoing investments in court automation technology, which has enhanced remote public access to public court documents. 

Addressing the need for improved juror compensation, continued support for treatment courts, as well as pretrial services and juvenile detention programs, Russell urged lawmakers to prioritize statewide judicial initiatives.   “Regardless of geography, defendants everywhere deserve the same opportunities,” she said.  

Russell shared inspiring stories of individuals whose lives had been transformed through treatment court and pretrial services programs, emphasizing the importance of community-driven solutions in the growing number of cases where mental health and substance use concerns intersect with the criminal justice system.  

“Growing up on a farm, I learned that silos are great for holding grain. But government cannot operate in silos,” Russell said. "We must work together – across all branches of government, at the state and local levels, and with the nonprofit and private sectors. Only by sharing our best ideas and pooling our limited resources can we make a positive difference.” 

Concluding her address, Russell reaffirmed her commitment to collaboration and optimism in identifying long-term solutions to the challenges she noted. 

"I am confident, working together as constitutional partners, we can succeed," Russell said. 

Chief Justice Mary R. Russell was appointed to the Supreme Court of Missouri in September 2004. She was retained by voters at the November 2006 general election and again at the November 2018 general election for a 12-year term. Russell served a two-year term as chief justice from July 2013 through June 2015. She is serving a second term as chief justice, which began July 1, 2023. A full transcript of the 2024 State of the Judiciary is available at courts.mo.gov.   

My first job out of the University of Missouri School of Law was as a law clerk to Judge George Gunn at the Supreme Court [of Missouri]. A year later, I returned to my hometown of Hannibal to practice law with Bob Clayton. He was a president of The Missouri Bar and encouraged me to run for a seat on the Young Lawyers’ Section Council. 

Through my council service, I met other young lawyers across the state, including my current colleague, Zel Fischer, and others who later became judges, including Karen Mitchell, Angela Quigless, and Dan Scott. I stayed involved in many bar committees and never missed an Annual Meeting. As a result, I became acquainted with lawyers and judges from around the state. 

After about a dozen years, Judge James Reinhard encouraged me to apply for a vacancy on the Court of Appeals, where he was serving. Upon my first application, I made the panel along with Bob Dowd Jr. He told me if I promised not to “bad mouth him” to the governor, he would help me on my next application. Well, the governor appointed him first and me upon the next opening, and we have been dear friends ever since.

I loved my time on the court of appeals, working with many experienced judges who taught me much about appellate jurisprudence. I ultimately served there nine and a half years, including a year as the chief judge. 

It was an unbelievable honor to become just the third woman ever appointed to the Supreme Court of Missouri. It also brought my career full circle – 22 years after working in Judge Gunn’s chambers, I was back in the beautiful red brick building, working in the exact same chambers, but this time, I had a robe of my own and the honor of sitting on the other side of the desk. I even got my own parking space!
 

Judge Russell swearing in Speaker Plocher on Jan. 4, 2023

What part of the legal system has changed most since you joined the Court?

One change has been the rise in the number of women now practicing and leading the profession. When I was at Mizzou, the law school had only one female professor, and our class was about one-third women. Today, Missouri law schools are graduating classes with more than 50% women, with many more female professors and women having served as dean. The Missouri Bar is now led by three women and a female executive director; similarly, women serve in leadership roles for local bar associations throughout the state. Approximately one-third of Missouri judges now are women, and it is not uncommon for a courtroom to have a female judge and all female attorneys in the courtroom arguing a case. The presiding judges in our three largest trial courts are all women. Although we need more women in leadership roles in the large firms, gone are the days when law firms hired one token woman and no more. 

Another major change in the profession has been technology. Now, instead of book research and carrying home a stack of briefs to read, we can do legal research anywhere with an internet connection, and I can work from my iPad. Electronic filing, Case.net, and video technology have made the practice of law faster. It is also wonderful that technology gives litigants remote access to courts, both in seeing pleadings and, in some instances, in lieu of their personal attendance in court. Plus, I think we all were thankful for the investment our Missouri courts had made in technology when the pandemic hit and suddenly we all had to function remotely.

Technology also has increased the demands on our time, and I worry it also seems to bring about a loss in human interaction and the important interpersonal skills of lawyers. I hope we find ways to embrace the efficiencies of technology without losing one another or abdicating our core functions as researchers, writers, advocates, and adjudicators.
 

What do you enjoy most about serving on the Court?

I always have enjoyed public outreach. This tradition of outreach was important even when I was on the court of appeals. We held dockets in venues where the court had never been before, including local high schools and colleges and even a retirement facility. Through our “appellate road show,” we went directly into communities so more people could better understand what the court of appeals was all about.

At the Supreme Court, I have continued to make our courts more accessible. Collectively, we speak to groups around the state and to the 20,000 visitors to our building each year. We also work with our constitutional partners in the legislature to help them better understand the third branch of government.

There is a lot of misinformation about how judges decide cases, but I love telling the public – in easy-to-understand terms – how judges are bound by the law, including legal precedence. We don’t decide cases on our own personal beliefs or preferences. Sometimes we reach decisions I personally do not like, but because I am bound by the law, that is my duty. My talks with any group include an activity called “you be the judge.” I give the audience the facts to a real case we previously decided, show them the language of the law to be interpreted, and ask them how they would decide the case. I remind them they are bound by the law and not their personal beliefs. I pick cases with at least two possible interpretations to illustrate how reasonable minds can differ in judicial interpretations. 

My absolute favorite part of outreach is when audience members tell me afterward, “Now I get it. Now I understand how the court works. No one ever explained it to me before.”
 

Judge Russell giving a civics education presentation

What advice do you have for new lawyers? 

Never forget why you went to law school in the first place. Life can be challenging, and the law even more so, but I encourage all new lawyers to find their niche, remain professional at all times, and not let others define them. For the large number of women entering the profession: do not be discouraged if you find that, in many situations, men are still in charge; the large majority of managing partners, judges, and government leaders are still men. By working hard, protecting their reputations, listening to mentors, and remaining true to professional ethical standards, new lawyers will be successful.
 

What do you enjoy doing for fun? 

I enjoy spending time with my grandchildren – whether we are going to museums, playing outdoors, having tea parties, or attending sporting events. 

I particularly love watching the St. Louis Cardinals play baseball, especially during winning seasons. Despite not having one now, I recently attended their first game in the United Kingdom. 

I also enjoy cooking, gardening, reading, golfing, and playing pickleball.
 

Judge Russell at 2022 Thanksgiving Day Parade
 

Judge Russell with her family

Last year, I delivered this speech online in a video watched around the world by literally tens of viewers. But, I’ve got to say, I miss those days! A coat and tie on top … and sweat pants on the bottom, several hundred retakes, in a room with only me, a couple of bored technicians, and Betsy AuBuchon looking at her watch and signaling to speed it up.

Well, those days are gone now, and we are back to doing this live. That means I have to get this in one take, and you don’t get to turn me off … or put on the cat filter your kids or grandkids loaded on your phone. I’m sure we’ll do just fine.

A philosopher in ancient Greece once said, “There is nothing permanent except change.” Twenty-five centuries later, the 1976 version of “A Star Is Born” put it this way: “Nothing changes but the changes.” They were both right.

Society is changing, and the rate of that change is increasing every day. And make no mistake, change is stressful. As much as we like to pretend otherwise, the practice of law is not exempt from these changes or the stress they bring.

Being a lawyer or a judge has never been easy. We have all the stresses everyone else has, plus we take on the stresses of our clients and constituents. It’s what we do, and it’s always been hard. 

But now it’s getting harder. Those normal stresses that everyone has … they’re on the rise. Running a law practice or managing a courtroom and staff … they’re more stressful now than ever before. And so are the stresses we take on from those we serve. 

And that’s not all. We’re living in a society that increasingly does not trust institutions or professionals of any stripe. This loss of confidence hurts our profession and our judicial system, but right now I want you to realize how much it takes a toll on us individually.

All of that is to say, if you think the water is rising, if sometimes you feel like you can’t touch the bottom even standing on your tippy toes, you’re not wrong.

It can be hard to know what stress is doing to you, and even harder to admit it, but it’s much easier to see the danger signs in others. Suppose I asked you to put your heads down and raise a hand if you know a lawyer who has a substance abuse problem, or who is so overwhelmed they just can’t seem to take care of themselves or their clients. Suppose I asked you to raise your hand if you know someone who was driven out of our profession by this stress or, worse, whose circumstances became so unbearable they ended their life to end their pain. How many hands would be up? Too many.

Recent studies confirm what we already know. Young lawyers today are more likely to report levels of stress they believe are unsustainable … and they’re more likely than ever to leave the profession because of it. Twenty percent of lawyers in one study screened positive for harmful levels of alcohol consumption … and do you think those lawyers were overreporting their drinking? More than one in every 10 lawyers surveyed had considered suicide … and 1% had attempted it. One percent. Think about that.

I know this is grim. No one wants to talk about these issues, but look around. This is what we get if you we don’t talk about it, if we continue to pretend that anxiety and depression are things that only happen to somebody else, to the ones who “just can’t hack it.”

There are some real challenges facing our profession today, and I’m going to talk about them in a minute, but if we don’t start now – and I mean right now – taking better care of ourselves and each other, we simply won’t be in any shape to take on those other challenges. If you love and value what we do and what we represent, you have to love those who do it. We have to take better care of ourselves and each other.

You have a right to expect your legal career will be a meaningful, lifelong expression of your commitment to serving others and the rule of law. You have a right to expect this profession will give you a sense of fulfillment that will sustain you in the difficult times. But, for too many of us, for too much of the time, neither of these things is true. The stress of this work too often robs us of the joy it should bring. And that stress, for too many of us, poses serious risks to our physical and mental health.

So, all of us need to start working on this problem with some intentionality. We’re lucky to have Anne Chambers, who leads the Missouri Lawyers’ Assistance Program, or MOLAP. This afternoon, she’ll be talking about how we can recognize the warning signs of burnout and other mental health issues; how to spot these red flags in our colleagues and in ourselves. More important, she’ll talk about how to make sure we all can get the support we need, when we need it.

But there’s something very simple that we all can do, starting right now. The practice of law used to be a community. Increasingly, however, we’re chained to our desks and we just don’t see each other very much or for very long. Then the pandemic came along and isolation became a way of life. And the simple truth is, the more isolated we are from each other the harder it is to take care of each other. 

We have to build back the legal community. Get to know and care for as many of your colleagues as you can. Get engaged with The Missouri Bar; join a committee. If you have a local bar association, go! If you don’t have one, start one. Find a lawyer you don’t know and ask them to lunch. Make the health and strength of this profession your personal business.

And if you ever realize you’re having trouble managing the stresses of life and this profession, please know that you’re not alone. You have 30,000 colleagues around this state, and I promise you every one of us has been where you are at one time or another. Reach out. If you prefer anonymity, call MOLAP anytime, any day. It doesn't matter whether you’re in crisis or you just need someone to talk to. It doesn’t matter who helps you; it matters only that you get the help you need.

If you had a client with a problem you weren’t sure how to handle, you wouldn’t hesitate to ask another lawyer. I'm asking you to please learn to care as much for yourself as you do for your clients. Otherwise, there’s simply no way we’ll be able to serve all those who depend on us. Like they tell you when you board an airliner, secure your own oxygen mask before attempting to help others. Or, I like the way my grandmother used to put it: “You cannot pour from an empty cup.”

If you’re wondering why I’m so adamant about taking better care of ourselves and each other, the answer is simple. The legal profession and the judicial system are headed into real trouble right now, and we’re going to have to be at our very best to fend off the challenges we face.

I don’t have to tell you things are rough right now. Every single one of us is a public servant. Whether you’re a prosecutor, a public defender, a private practitioner, or a judge, we all serve society. But the society we serve is more divided, more distrustful, more fearful, and more angry than it has been for a long, long time. 

In the past, one of the reasons society survived rough times like these was the stability of its institutions. And I believe the most important of all those institutions is the judicial system and the rule of law.

Picture it this way: Our society is an ocean, and the public are all the boats that sail on it. Some boats are fancy, others barely seaworthy, but everyone sails the same sea. When the storms come, everyone gets tossed about. The poorest boats suffer soonest and they suffer the most, but when a big storm rages – and I'm telling you, a big one is brewing right now – everybody feels it.

In this picture, courts and the rule of law are the all-important harbors when seas get rough; the place where truth matters, where reason has its day, and where questions of fact are decided by evidence and not simply by who can shout the loudest and the longest. We don’t determine the weather, and we don’t get to say where people should sail or even whether they should go to sea at all. That’s not our job. We are simply here when they need us, when there are disputes that have to be resolved, and those resolutions have to matter, be final, and have the force and effect of law.

In the past, courts were able to serve society so well in stormy times because people trusted them. Courts worked because people believed they worked. The rule of law mattered because people believed it mattered. 

But that confidence is waning. Right now, we’re balanced on a knife’s edge and there is a real risk the public’s trust, its confidence, will slip away. And if it goes, if we let it go, there will be no safe harbor when society really needs one.

In the past decade, public confidence in the courts and the rule of law has eroded faster than ever before. Last year, for the first time ever, more Americans said they had little or no faith in the courts’ ability to provide equal justice for all than those who did. The last three words of the Pledge of Allegiance – justice for all – and the public no longer believes in our ability to deliver on that promise. If that doesn’t make you a little mad – and more than a little frightened – it should.

Why is this happening? The answer is that most people don’t have much idea what we do or how we do it, and much of what they think they know is wrong. Whose fault is that? Ours. Period.

If we want the public to know what we know – and they have to, for the rule of law to survive and for the judicial system to work – then it’s up to us to teach them. We have to educate the public about their justice system, and we have to do it one service club, one classroom, one individual at a time. This has to be our highest priority because, if we don’t turn this around, it just won’t matter what our other priorities are.

But understand that, even if the public listens to us, they also watch what we do and how we do it. If lawyers act like truth matters, all the time, then society is far more likely to believe their justice system cares about truth as well. If lawyers treat everyone (including each other) fairly and with respect, all the time, society is far more likely to believe their justice system does the same. 

A thousand civic education programs cannot undo the damage done by a single lawyer who brazenly misuses the judicial system or asserts facts they know are untrue. Everything any of us does, everything we say, and the way we do what we do and say what we say, shapes the public’s perception of our entire profession and the system we serve. We cannot afford right now to give anything less than our best, all the time.

But now there’s a new threat to the public’s trust and confidence – a bigger one – and it’s far more dangerous than a lack of civic education. The public square is increasingly filled with those – including, to my great shame, more than a few lawyers – who are willing to lie to the public, to pour gas on their lack of trust, simply to gain a little short-term popularity.

When a bully pushes you, you have to push back. When someone attacks the rule of law and the judicial system on grounds you know are false, you have got to say something. The public might not believe everything we say, at least not at first, but I know you people and you’re a pretty persuasive bunch when you get going … so get going! Don’t give up this battle over the public’s trust and confidence without a fight … because I promise you it’s a fight worth fighting and it’s a fight we cannot afford to lose.

When I say that we have to defend the rule of law and the justice system, that these institutions are worth fighting for, people sometimes hear the word “institution” and think of some great ivory tower – cold, distant, and unchanging. Nothing could be further from the truth. Our justice system is a profoundly human enterprise, with all the magnificent qualities – and all the foibles – that make us human. We simply wouldn’t want it any other way. 

We’re not distant. We are literally in the heart of town squares across this state. And our institutions are anything but unchanging. One of the most fundamental duties lawyers and judges have is to strive continually to improve the law and the delivery of justice in our courts. When we do that, and – more importantly, when the public sees us do that – it enhances the rule of law and the public’s trust and confidence in what we do.

Right now, we are working to expand drug courts, veterans courts, and other problem-solving courts to help people rebuild their lives and their families. We are working to find and eliminate systemic and implicit bias, to build a judiciary as diverse as the people we serve, and to resolve civil cases faster and less expensively. And we are making courts more accessible and more transparent by increasing the use of virtual proceedings and by making public court documents accessible to anyone, anytime over the web. 

These steps and many more are not just aimed at making courts better – they are aimed at increasing the public’s trust and confidence in those courts because that trust and confidence is essential if we are to preserve our justice system and the rule of law. It is essential if we are to be here when the public needs us, especially when the seas get rough. 

Institutions don’t survive because they’re institutions. They survive because the people who serve in them are committed to making them survive. For example, the Ukrainian constitution, like ours in Missouri, requires courts to remain open and accessible. Right this minute, Ukrainian judges, lawyers, and court staff are doing all they can – including taking up arms – to keep their courts open and ensure access to justice … even in the middle of a war. They are willing to fight to defend the rule of law because they know how much they stand to lose if they don’t.

But history, as it usually does, provides cautionary tales as well. In 1930s Germany, the judiciary failed in its duty. They were told to render decisions more in keeping with the prevailing will, rather than the law ... and they did. So, bit by bit, German judges and German lawyers followed the mob down into the worst hell anyone has ever imagined. It took a decade and tens of millions of lives to pick up the pieces when an independent judiciary stopped being independent … and stopped being judicial. I hope and pray we are never tested like the lawyers and judges in Germany or Ukraine but, if we are, which path will we choose?

Everyone in this room knows the line from Henry VI, Part 2, where Dick the Butcher said: “The first thing we do, let’s kill all the lawyers.” That line has spawned a million lawyer jokes since Shakespeare wrote it 430 years ago. But it also conveys a serious message about the role of lawyers and courts in preserving liberty and the rule of law. 

But what worries me about that quote is that it dramatically exaggerates what needs to happen to do away with liberty and the rule of law. No one needs to “kill all the lawyers.” All that needs to happen is for the lawyers and judges to do nothing. 

I don’t think that will happen. We have some work ahead of us, that’s true, but I know for a fact that the people in this room, and all our colleagues around the state, are up to the task. 

What makes me so confident about the future are the examples we have to follow. We are privileged to work in a profession that has more than its share of heroes – many of whom are in this room right now. People who, day-by-day, have the heart and the courage to do the little things right even when no one’s looking, and to do the big things right even when the whole world is watching. 

I want to focus on two of these heroes before I go. The first is Alan Pratzel, who’s been our chief disciplinary counsel since … when, Alan, the Eisenhower administration? All he’s done is devote his life to protecting the public and the integrity of our profession by teaching generations of lawyers to know and follow the rules of professional conduct. Alan is retiring this fall and I hope he knows how much better our profession is for his having played such an important role in it. Friends, please help me recognize Alan Pratzel now.

Finally, I want to talk about a person who – if you have any doubt about the future of the profession or the vital work we all do – just spend about 10 seconds in his presence and you’ll leave energized and enthusiastic. There are some lawyers whose extraordinary skill and intellect are so inspiring they make the rest of us want to be better lawyers. And there are some people whose extraordinary character and zest for life are so inspiring they make the rest of us want to be better people. But I’ve never met anyone who combined those two traits the way Marcy Graham does. Please help me recognize him now.

I called Marcy a couple of weeks ago and explained the Court has an award that it gives each year to lawyers who have rendered extraordinary service to the bar and the judiciary. I told him that the Court had decided to re-name this award in his honor, and that the very first Maurice B. Graham Award would be presented this morning to John Grimm, the outgoing president of The Missouri Bar.

So, I was on the phone with Marcy and I tried to tell him how much I admired him and how long I had watched what he did and respected how he did it. And I got a little choked up. Then I felt silly because I thought there’s no way he knows how great an influence he’s had on me and my life as a lawyer.

That’s because Marcy Graham is a great person, and great people never think they’re great; they never know how many people they’ve touched or how deeply. But much more important than being a great person, Marcy Graham is a good person. He has spent his life caring about this profession and every single lawyer in it, including every one of you, whether you knew it or not.

So, as we leave here today, I’d like all of us to be a little more like Alan and Marcy. We can all be better teachers and better people. And, if we aren’t sure how to go about it, we need only look at their example.

Because this is my last annual meeting as chief justice, I want to take this opportunity to tell you what a privilege it is to serve on this Court and how much I love and respect the colleagues with whom I share that privilege. Next year, we will have a new chief and two of our friends will move on. After all, change is the only constant. But the justice system and the rule of law will go on – they have to – not because of any particular judge or court, but because of all of you and all that you do.

Never lose sight of how incredibly important you are and how important what you do is. Think how incredible the chance you have to serve others is, and how much responsibility comes with that opportunity. 

Take care of yourselves, take care of each other, and together we can take care of the profession we love. 

Smooth sailing to all of you.

Thank you. 

Supreme Court of Missouri Chief Justice Paul Wilson speaks to lawyers at the Annual Meeting of The Missouri Bar and the Judicial Conference of Missouri. Photo by Shelby Kardell

Alan Pratzel (center) accepts a Spurgeon Smithson Award from Missouri Bar Foundation President Lynn Ann Vogel and 2021-22 Missouri Bar President John Grimm. Photo by Shelby Kardell

Supreme Court of Missouri Chief Justice Paul Wilson holds the inaugural Maurice B. Graham Award, which was presented to 2021-22 Missouri Bar President John Grimm (left) and named to honor Maurice B. Graham (seated). Photo by Shelby Kardell

“With the assistance of Missouri’s Court Automation Committee, a statutory entity comprised of members from all three branches of government, the judiciary has been working toward this goal for a number of years,” Chief Justice Paul C. Wilson said. “Today’s orders will ensure court documents that are currently open to the public will be truly accessible to the public. These improvements will fundamentally change the way individuals access public court documents, while balancing the need to protect confidential information and ensure the overall security and reliability of our underlying case management system.”

The rule changes will not go into effect until July 1, 2023, partially due to the constitutionally required waiting period for certain court rules. The waiting period also gives the Court the opportunity to work with The Missouri Bar to educate attorneys, court staff, parties or anyone else offering documents for filing in any Missouri state court to keep unnecessary confidential information out of otherwise public documents and, when confidential information must be included, to redact that information to protect it from disclosure. 

The redaction requirement is not new. Anyone filing documents in a Missouri court already has an obligation to redact confidential information as required by law, but the increased public access to court documents that will result from today’s order underscores the need for diligence and care in carrying out the redaction responsibility.

The expanded access will be available through Case.net. Since its inception in the 1990s, Case.net has provided remote access to some public information about cases. After electronic filing began in 2011, registered e-filing users had remote access to case documents, while the public could use designated Case.net computer terminals in courthouses statewide to view public case documents. 

The expanded access to public case documents will be prospective only – available only for documents filed on or after July 1, 2023. Documents filed before that date will continue to be available at the public access terminals in every state courthouse.

For more information please contact Beth S. Riggert, Communications Counsel at the Supreme Court of Missouri at (573) 751-3676.

The Supreme Court of Missouri’s newest judge, Judge Robin Ransom, celebrated her formal investiture this morning in a ceremony in the Division I courtroom of the Supreme Court Building in Jefferson City. Judge James M. Dowd – a judge of the Missouri Court of Appeals, Eastern District – served as master of ceremonies and administered the oath of office. Ransom has been serving on the Court for nearly a year.

Six people – including Governor Michael L. Parson – spoke to more than 160 guests, overflowing from the main courtroom to an auxiliary courtroom. Ransom’s daughter Ryan and son Alex assisted with the robing. Speakers consistently praised Ransom’s humility, using her oft-repeated phrase that she is “just Robin.”

Dowd opened the event by jokingly accusing Ransom of pulling a “bait and switch” on him, first asking him to “do the great honor of swearing her in today” and later telling him he also would be speaking and serving as master of ceremonies. But he also stressed she “never would think of herself as a big shot ... or a diva.” Dowd described Ransom’s “belly laugh,” noting how easily her “great smile and great laugh” emerge, especially if she thinks people are taking themselves too seriously. He also spoke of her character, explaining her parents – her father, the late LeVert Ransom, a career firefighter in St. Louis, and her mother, Adell Ransom – instilled in all four of their children a strong sense of self-worth, independence and humility, teaching them their worth comes from within and not in what others might think of them. 

“Robin Ransom is a very bright woman with impeccable analytical skills,” Dowd said. “It is no wonder she became a commissioner and a circuit judge and a judge on the court of appeals and now the Supreme Court. We have Governor Parson to thank, and the entire citizenry of Missouri can reap the benefits.”

Parson appointed Ransom to the Court in May 2021, just three days after the Appellate Judicial Commission nominated her pursuant to article V, section 25 of the Missouri Constitution. He said he had been watching Ransom’s career since 2019, when he appointed her to the court of appeals. He praised her character and her upbringing and said it was an “honor and privilege to be able to appoint the Honorable Robin Ransom to the Supreme Court.”

In appointing judges – especially those on the Supreme Court of Missouri – Parson said “it is important to get it right” and to select “the best of the best” because of the important job judges do in making decisions for the people of Missouri every day.

“At some point, you are going to affect people’s lives, who you’re never going to know and never going to see, and it’s important to get it right,” Parson said. 

Although he is glad Ransom is the first Black woman on the state’s highest court, Parson said he believes “we are all brothers and sisters” and stressed Ransom’s race was not a factor in his selection of her for the Court: “She got picked because she was the right person for the job.” 

“With Robin, it’s never just about her but about family as her foundation,” Parson explained. “Meeting her mom for the first time, it isn’t hard to see why Robin is the way she is today,” adding her parents clearly taught her how to work hard, respect people, and stand up for what she believes in while still doing what the law requires her to do as a judge. He spoke about the foundation laid by our ancestors; how the Declaration of Independence, the Constitution and the Bill of Rights have been passed down through the generations to us; and how it is important to “get the right people in place to pass all that along to the next generation” “so the American Dream can stay in place.”

Representing Ransom’s family as a speaker was her aunt – Donna White, an attorney and lifelong public servant whose positions over her career included administrative law judge in the workers’ compensation system, director of the Missouri Department of Labor and Industrial Relations, director of the Office of Equal Opportunity, and member of the state’s probation and parole board. She said Ransom brings to the Court “a huge intellect” and would be a “wise friend” who is independent, principled, kind, thorough and honorable.

“Robin has demonstrated her commitment to her principles throughout her career,” White said. “She exemplifies the best of her heritage. ... There are no words to express how much this moment means to her family and all those who love Robin.”

Judge Thomas Frawley, a senior judge who served many years on the 22nd Judicial Circuit (St. Louis city) and in its family court division, said his path first crossed with Ransom in 2002 when she was appointed as a family court commissioner in his circuit, noting they bonded over a shared passion for children in foster care. He said Ransom’s reaction to doubts within the legal community as to whether a large metropolitan court would be able to meet time standards for cases involving children in foster care was “game on.” He added the circuit did, in fact, meet those time standards when they were serving together in the circuit’s family court division.

“Robin is a good lawyer, thoughtful, with good instincts; a good judge; a concerned parent; a caring daughter; a loyal sibling ...; and just a good person ... a person you’re honored and proud to call your colleague ... and your friend,” Frawley said before remarking about Ransom’s appointment to the state’s highest court: “Good things do happen to good people.”

Commissioner Michael Walton, a family court commissioner in the 22nd circuit, said he met Ransom when he was in private practice and served as appointed counsel for parents in care and neglect cases in Ransom’s courtroom. He described those dockets as “extremely stressful” – going from 8 a.m. to 5 p.m. with time only for a sandwich and some chips – but said Ransom expected the attorneys appearing before her to be as prepared as she was.

“She would remember all the details about the parents and the kids, and the kids loved it,” Walton said. “She always made the courtroom pleasant for attorneys, litigants and staff, and my clients always left feeling heard, regardless of the outcome. ... She is patient to no end.”

Approximately 45 minutes into the ceremony, Dowd called forward Ransom’s son and daughter to hold the Bible while he administered the oath of office to their mother. They then helped her into her robe to a standing ovation.

Acknowledging she normally is not one for fanfare and would rather not be the focus of so much attention, Ransom told the audience: “I really underestimated the importance of what today means to my family and the state. And so I am going to relish today, and I am thankful for it. ... [But] I was born Robin Michelle Ransom. You won’t see ‘judge’ on my birth certificate. While I am appreciative of the job and the title, neither of those will ever define who I am as a person.”

In recognizing her family, she told the audience how much she thinks about her father and said, “Each day I strive to be the person he would want me to be.” Ransom’s father died in September 2007, one year before she was appointed to be a circuit judge. She thanked her three older siblings – sister Stephanie and brothers Fred and Mike – for being role models for her, and she thanked her children, whom she described as “two awesome kids.”

She said she is inspired by Helen Keller’s words – “I cried because I had no shoes until I met a man who had no feet” – explaining she has learned to be happy with whatever she has, to live her own life, and to help others while not letting them define her.

“I’ve been me a long time,” she said. “I don’t need help running ‘me.’ ... I’m self-reliant, confident, stoic, unflappable ... and somewhat of a loner,” noting she stays focused on where she needs to be.

One of Ransom’s passions outside the law is bowling “with people who don’t care about my job” – an avocation stemming from when she was 11 years old and her parents put her on a bus to travel from north St. Louis to bowl in south St. Louis, an experience she credits with helping to teach her independence. (But she once noted she discovered her father following the bus in his car to make sure she arrived safely at the bowling alley.) Another is singing – sparking an apology to Judge W. Brent Powell, with whose chambers hers shares a wall in the Supreme Court Building, and a revelation that she once wanted to be a rock star.

Quoting liberally from her favorite songs, Ransom explained the life lessons she takes from the lyrics of her play list, which includes: “Thank You,” a gospel song of praise by Walter Hawkins; “Started From the Bottom,” by Drake (to whose music she said her children introduced her); “Never Would Have Made It,” by Marvin Sapp; “One Moment in Time,” by Whitney Houston; “Dancing Queen,” by ABBA; “Under Pressure,” by Queen; and “Smile,” by Judy Garland.

In closing, Ransom said she only wants to be healthy and happy, noting happiness is primarily a choice ... finding happiness in small things around us every day – whether it’s a sunrise or sunset, or a latte with a heart in the foam, or an Agatha Christie mystery novel, or a movie from the 1930s or 1940s, or even a Three Stooges rerun (with Curly rather than Joe or Shemp). 

“We grow neither better or worse as we get old, but more like ourselves,” Ransom said, quoting American financier Bernard Baruch.

St. Louis Sheriff Vernon Betts – an ordained minister who delivered both the invocation and benediction – said he had known Ransom since she was about 4 or 5 years old, as his best friend lived just a few doors away from her parents, and she later was a student in his Sunday school class. 

“She’s been amazing all the time I’ve known her, Betts said. “We are blessed to have Robin Ransom as our Supreme Court judge.”

After Ransom joined her colleagues on the bench, Chief Justice Paul C. Wilson spoke on behalf of the Court: “We’ve had a unique opportunity to see Judge Ransom up close for almost a year as she has taken on the challenges and the burdens of this job, the challenges of the issues presented and the weight of those issues, and the weight of the responsibilities that come with this job. I tell you from the bottom of my heart – and I think I speak for all my colleagues – when I say ...: She is easy to admire ... and we do. She is easy to respect ... and we do. And she is easy to love ... and we do. We look forward to serving with her for many years, and we will strive to live up to the example she sets.”

Ransom joined the Court May 24, 2021. Born and raised in the city of St. Louis, she earned college credits from both St. Louis Community College’s Forest Park Campus and Saint Louis University before graduating from Rosati-Kain High School in St. Louis. She earned her bachelor of arts in political science and sociology in 1988 from Douglass Residential College at Rutgers, The State University of New Jersey, in New Brunswick, and her law degree in 1991 from the University of Missouri Columbia School of Law. 

She worked at the St. Louis County public defender’s office from 1992 to 1995, then at the St. Louis County prosecutor’s office from 1995 to 1996. She joined the St. Louis County family court in 1996 as a staff attorney and, in 2002, was appointed a commissioner of the St. Louis circuit court’s juvenile division. Ransom was appointed circuit judge in St. Louis in 2008 and, in January 2019, she was appointed to the Missouri Court of Appeals, Eastern District. 

Ransom now divides her time between her office in Jefferson City and her home in St. Louis.

Chief Justice Paul Wilson discusses the State of the Judiciary. Photo: Tim Bommel, Missouri House Communications

The concept of separation of powers is one of our Constitutional cornerstones, but it can be misleading. Separate does not mean adversarial, and it never has. In truth, our constitution demands just the opposite. Despite the different roles we play in our system of checks and balances, all three branches must continually communicate and cooperate if we are to serve the constitution and the people well.

Obviously, my address this morning is largely ceremonial, but that does not mean it doesn’t matter. I think it’s important for the people of our great state to see us gathered on occasions like this – together – demonstrating the cooperation that goes on, not just on this day, but throughout the year. For that reason, and in that spirit, I deeply appreciate your willingness to listen to what I have to say.

There are somewhere north of 200 of us in this room, and we all asked to be here. No one made us take the path of civil service that brought us here. Every one of us is a volunteer, and we worked hard to have the chance to serve this state and its people. Others can rail against “the government” as if it were some nameless, faceless entity, but we in this room know better. You, me, and the nearly 50,000 other public servants who live and work in virtually every community in this state, we are the government. Government is people and, for today’s purposes, it’s us. 

I was born and raised here in Jefferson City, and maybe that’s why this idea is so important to me and so ingrained in who I am. The legislature wasn’t just some headline to me. Instead, it was my neighbor and childhood idol Jim Strong, who served in this chamber and then in the Senate down the hall. The legislature was my Uncle Jim – and all those he would introduce me to on the many afternoons I came to watch him in this building.

Most of the kids I grew up with had parents who worked in government, at all levels. My dad served many years as a judge in the municipal and associate circuit courts. My mom worked in public health for nearly 50 years, starting as a school nurse and ending up as a division director in the department of health in the Ashcroft administration.

When you grow up here in Jefferson City, even statewide office holders are just people, as I learned one cold winter’s day 50-some years ago when I accidentally knocked Jack Danforth off his feet at the skating rink. My dad helped him, and me, up, and then said to me: “You know who that is, don’t you!?!” Well, of course, I didn’t … but I quickly learned and, senator, if you’re listening, please accept this very overdue apology!

My father is no longer around to pick me up when I make a mistake, but my wife Laura is. She’s the love of my life for more than 30 years, and she’s with us in the gallery today. Please make her feel welcome.

The point is, I grew up believing that government is people – well meaning, hardworking people – and I believe that still today. I promise you it’s no less true of me or my colleagues than it is of you or yours. We all have different jobs, and we serve in different ways, but we are united in the spirit and goal of service. This unity of purpose brings us together this morning so the people of this state can see us – gathered in their name – to discuss their business … together. 

So, let’s get down to business ….

Court employees

The state of the judicial branch is sound. Last year, despite all its challenges, more than 750,000 circuit court cases were resolved. While the pandemic impacted our backlog, its effect was not as big or as widespread as some feared, and we are working to clear it.

And, when I say we, I mean them – the 350 trial judges, and the more-than-3,000 court clerks, bailiffs, court reporters, juvenile officers, juvenile detention officers, and all the other staff who really make up the judicial branch. It’s not the seven of us – it’s all of them and the work they do. We know it, they know it, and I want all of you to know it, too. 

They are the ones who kept the courts open through the pandemic. They are the ones who work to help keep Missouri kids safe. Who collect and disperse more than $100 million every year. Who schedule every court hearing and help people know when and where they’re supposed to be. 

Our people are your people, your constituents, your friends and neighbors, and they live and work in every corner of this state. They are the face and beating heart of your judicial system. The work they do is incredibly important and often incredibly difficult, and I would ask you to help me recognize them now. 

On their behalf, I thank you for the cost-of-living increases you have been able to give in recent years and, especially, the one you approved just a few days ago. That kind of increase is important to our employees, not merely in terms of buying power, but because it demonstrates that you in this chamber know who they are. You see them, and you proudly recognize the work they do.

But there is more we can, and need, to do. Like the rest of government, we struggle to retain experienced workers and recruit new employees to careers in the courts. All too often, we spend precious tax dollars recruiting and training people, giving them the skills and experience we need them to have, only to see them move to better-paying, private-sector jobs after our training is complete. A market-based approach to compensation will give us a fighting chance to attract and keep expert staff in our courtrooms and courthouses. Those folks want to serve, just as all of us do, and competitive compensation will allow them to do that. By continuing to work with you, we can find a common-sense, long-term solution to this problem.

Judges 

I urge each of you to reach out to your local judges. Spend some time in your local courthouses. Talk with your local court staff and see what’s happening there. Decide for yourselves how busy Missouri’s courts are, how fair they are, and how well we serve the laws you write and the constitutional principles every one of us has sworn to protect. My hope is you’ll see ways we can work together to improve our justice system.

One reason I ask you to do this is because so many of our judges are new. In the last four years alone, 40% of all the trial and appellate judges have been new to their positions. Some of those changes came as the result of local elections, but more than three fourths of the new judges over these last four years – including 109 trial judges and 13 appellate judges – were appointed by the governor either under article IV, section 4, or under our constitution’s nonpartisan court plan.

One of these recent appointees is Judge Robin Ransom, the newest member of the Supreme Court. She is a native of St. Louis. She worked as a public defender, a prosecutor, a family court staff attorney, a court commissioner, and then a circuit judge. In 2019, Governor Parson elevated her to the Court of Appeals and then, last May, appointed her to the Supreme Court. She is not only the owner/operator of the most infectious smile you’ve ever seen, but she also just might be the best bowler in this room! We could not be more thrilled to work with her. Please join me in recognizing our newest judge.

Court security 

With the judicial branch working in more than 120 courthouses around the state, security – for citizens, lawyers, judges, and other court personnel – has always been a priority. 

Thankfully, security in our courthouses has come a long way since 1992, when a man shot four people in a St. Louis County courtroom and then executed his wife on the witness stand. But security risks continue, they’re on the rise, and they are no longer just inside the courthouse.

Those of us in public service are increasingly vulnerable. As public servants, we know we are not – and should not be – immune from public scrutiny and criticism … it comes with the job. But none of us – or our families – should be put in harm’s way. 

In 2005, a judge’s husband and mother were murdered in Illinois. In 2015, a judge survived an assassination attempt outside her home in Texas. And, in 2020, a New Jersey judge’s husband was shot and her son killed in an attack meant for her. All three states responded with laws aimed at protecting the private personal information of judges and their families, but those laws came too late to prevent those tragedies. We owe it to the those who serve in Missouri’s judiciary not to learn – in the worst possible way – that we, too, did too little, too late.

Missouri judges have been harassed online and at home, they’ve been threatened, and they’ve had their personal information posted on the web. Eleven states have already passed laws enhancing safety for judges, and more are considering such legislation now. We appreciate Representative DeGroot’s efforts in this area and believe that legislative protections for Missouri’s judges, together with the governor’s budget recommendations you’re now considering, are a good start – and we look forward to working with you on this issue as well.

Court technology

Online services are revolutionizing the courts just as they are the rest of government. This was true before COVID, and the last two years have greatly accelerated this trend. When conditions limited the number and types of hearings that could be held in person, we held thousands of hearings online, in virtual courtrooms. This approach made it possible to keep the work of the judiciary moving, and it was well received by those the courts are here to serve. Data from around the country shows that virtual proceedings not only make courts more efficient, but they also increase access to justice for many.

But this demand for increased online services highlights how much more difficult it is for some to make use of those services than others. There can be no doubt the “digital divide” is real. And it can be caused as much by geography as by poverty. Courts, whether virtual or in person, must be equally open and accessible for all Missourians, regardless of who you are or where you live. 

This is why we’re excited by Governor Parson’s recommendations for broadband expansion around the state. Increased bandwidth, especially for our rural courthouses and the communities they serve, will help us better utilize online services to increase efficiency and access, making your courts more user-friendly for everyone.

Treatment courts

Those logistical issues – compensation, security, and infrastructure – are important, but only because they make it possible for the judicial branch to fulfill the role assigned to us. I want to turn now to some of the more creative work going on in our courts, work that presents continued opportunities for cooperation among our three branches. 

One recurring theme in State of the Judiciary addresses over the past 20 years has been drug courts. They have been one of the greatest collaborative successes showing what is possible when the three branches work together with creativity and a commitment to serving Missourians better. 

By identifying appropriate offenders and diverting them from prison to treatment, we – together – found a better way to serve not only those individuals, but also their families and society as a whole. This approach is cost effective, to be sure, but more importantly, it’s fair … and just. These programs stand as proof that our justice system often does better when it responds to the whole person and not merely to their conduct. This was true more than a century ago when legislation created the very first diversion court, which we now call juvenile courts, and it remains true today.

Veterans courts

But there is another diversion court, another form of treatment court, that I believe needs the same sort of sustained cooperation and commitment that – together – we have given drug courts and juvenile courts in this state. I’m talking about veterans courts.

As home to Fort Leonard Wood, Whiteman Air Force Base, and many other installations, Missouri is proud to host some of the most elite fighting men and women in the world. But we are equally proud when service members choose to make Missouri their home after they leave active duty. As Governor Parson noted in his State of the State address, Missouri ranks ninth in the nation as home for our retired military. 

Sadly, however, the burdens of military service do not magically disappear the moment a veteran leaves active duty. For some, those burdens can lead to mental health struggles that manifest themselves in substance abuse and conduct that, unfortunately, can land them in our justice system. 

Then, our choice is clear. We can view those veterans solely in terms of their conduct, or we can look at the context from which their conduct arises and see whether treatment and other forms of support can produce a better outcome, both for the veterans and for all of us they have served. 

Make no mistake: Missouri veterans courts work. We now have 15 programs serving 40 counties and, in the past five years alone, they’ve graduated more than 360 former service men and women. One reason these programs work so well is the role that volunteer veterans and active-duty soldiers play as mentors. No one can help a veteran like someone who’s walked a mile – and probably a thousand miles – in their combat boots. Missouri veterans courts have demonstrated the kind of success we’ve come to expect from drug courts and other treatment courts … and now it’s time we do more. 

Today, veterans courts serve only a third of our local jurisdictions, largely clustered around VA hospitals and clinics. Outside of those areas, however, resources are scarce. The simple truth is that veterans who need help throughout most of Missouri will not have access to a veterans court should they find themselves on the wrong side of the law. We can work together to fix this, and I hope you will agree we owe it to these men and women as the very least we can do to honor the sacrifices they’ve made. 

Cooperative solutions

And there are other examples where our three branches have communicated and cooperated to better serve Missouri and her people: 

• The Justice Reinvestment Initiative led by the department of corrections; 
• the Partnership for Child Safety and Well Being, where we work together with the children’s division, youth services, and the department of mental health; 
• and the initiative we call Leading Change in Criminal Justice, which helps local stakeholders better coordinate services for individuals with co-occurring mental health challenges and substance use disorders.

And the list goes on and on and on. Leaders from across government … people working together to empower local solutions. Are you sensing a winning formula?  I hope so. 

So, I am happy to report that the State of the Judiciary is sound, and the future is bright. While I’ve mentioned a few of the ways we can work – and have worked – together, the opportunities for cooperation are limited only by our creativity and our courage. 

Conclusion

Missouri has always had her share of challenges. For example, as you all know, fire destroyed the state Capitol in 1911. But, as Missourians always do, we rebuilt, and this magnificent building was the result. 

Yet the beauty of the design and the quality of the work that went into this building were not a celebration of what Missouri was, or a salute to leaders who already served. Instead, I believe this building – and, in particular, this chamber, The People’s Chamber – was designed and built as a monument to what Missouri can be, and as a challenge to all those who would seek to lead in the future. 

The commission overseeing the new Capitol project identified 14 qualities – characteristics the people of Missouri should aspire to embody. But I think it’s instructive that – of all the places around the Capitol that the commission might have chosen to display these qualities – they chose here. Those 14 traits are literally carved into the walls of this chamber. They have stood here for more than a century as a silent challenge to all those who sought to lead. 

Even now, today, they challenge you and me to find these virtues in ourselves and in each other. 

• To find Honor and Truth and Charity, 
• To find Justice and Equality and Liberty, 
• and all the rest.

To find them within ourselves and in each other – and to let those virtues guide the work we’ve volunteered to do.

And yet, as I look at these virtues, I can’t help but notice the one that isn’t there. Courage. Maya Angelou, a native of St. Louis and one of America’s greatest poets, once said:

Courage is the most important of all the virtues, because without courage you can’t practice any other virtue consistently. You can practice any virtue erratically, but nothing consistently without courage.

You see, it takes courage to lead; to make the decision you know is right but may not be popular; to listen and cooperate and compromise; to build a future for everyone and not merely those who look and sound like us. There is no tomorrow for any of us that is not the tomorrow for all of us, and that future will only be as bright as we make it.

So, will those of us who have gathered in this chamber today have what it takes to practice these virtues?

To practice Justice and Truth … Liberty and Honor … Equality and Charity ... and all the rest?

And will we have the Courage needed to practice them consistently?  

With God’s help and blessings, I believe we will.

Thank you.  

Chief Justice Paul C. Wilson speaks to lawmakers during the 2022 State of the Judiciary at the State Capitol. Photos by Tim Bommel.

Missouri Chief Justice Paul C. Wilson Tuesday morning called for continued cooperation among the three branches of government to best serve Missourians in his State of the Judiciary address to the Missouri Legislature. Market-based compensation for state employees, court security, technology in the courtroom, and expanding access to veterans’ courts were also key topics.   

Market-based compensation for state employees, court security, technology in the courtroom, and expanding access to veterans’ courts were key topics Tuesday morning when Missouri Chief Justice Paul C. Wilson presented his State of the Judiciary.   

During his address to a joint session of the Missouri General Assembly at the State Capitol, Wilson began by discussing how the concept of separation of powers between the three branches of government can be “misleading.” 

“Separate does not mean adversarial, and it never has. In truth, our constitution demands just the opposite,” Wilson said. “Despite the different roles we play in our system of checks and balances, all three branches must continually communicate and cooperate if we are to serve the constitution and the people well.” 

Wilson recalled memories of growing up in Jefferson City and the early importance of public service in his life. His father served as a judge in the municipal and associate circuit courts, and his mother worked in public health. 

Wilson remembered accidentally knocking Senator Jack Danforth off his feet at the skating rink as a child, saying that growing up in the state’s capital city taught him that even statewide office holders are just regular people. 

“I grew up believing that government is people – well-meaning, hardworking people – and I believe that still today,” Wilson said. “We all have different jobs, and we serve in different ways, but we are united in the spirit and goal of service.” 

Wilson noted the resolution of more than 750, 000 circuit court cases last year, despite the difficulties the COVID-19 pandemic caused to judicial employees. Although the pandemic impacted the circuit courts’ backlog of cases, state employees are still working to clear it. 

Wilson thanked lawmakers for the recent cost-of-living increases adopted for state employees but emphasized that a market-based approach to state employee compensation is needed to retain experienced workers and recruit new employees.  

Wilson also noted the significant number of new judges in the trial and appellate courts, and introduced Judge Robin Ransom, the newest member of the Supreme Court of Missouri.  

Speaking to the importance of court safety, Wilson reflected on the security changes courthouses have undergone in the past several decades. Although security has always been a priority, he said, risks to court employees continue to rise in and out of the courthouse.  

“As public servants, we know we are not – and should not be – immune from public scrutiny and criticism. It comes with the job. But none of us – or our families – should be put in harm’s way,” Wilson said. 

Wilson applauded Rep. Bruce DeGroot’s efforts to pass laws enhancing safety laws for judges as “a good start.” 

In his address, Wilson recognized the increasing importance of online services both in courts and government during the past two years, when COVID-19 moved thousands of hearings online to virtual courtrooms. And although technology has increased access to justice for many, Wilson spoke of the “digital divide” and how access to online services can be limited by geography or poverty. He endorsed Gov. Mike Parson’s call for expanded broadband access across the state. 

“Courts, whether virtual or in person, must be equally open and accessible for all Missourians, regardless of who you are or where you live,” Wilson said. 

Wilson also touched on veterans courts and the need to help veterans who might find themselves in need of legal assistance. He said most veterans throughout Missouri don’t have access to the services they need, with veterans courts serving only a third of local jurisdictions.  

“Now it’s time we do more,” he said, encouraging expansion of veterans courts across the state. 

Wilson concluded his 2022 State of the Judiciary by reflecting on examples where Missouri’s three branches of government have cooperated to serve the public.  

“Drug [treatment] courts have been one of the greatest collaborative successes showing what is possible when three branches work together with creativity and a commitment to serving Missourians better,” Wilson said. 

He also called attention to the following programs which stem from cooperation across branches: 

• “The Justice Reinvestment Initiative” led by the Department of Corrections 
•  “Partnership for Child Safety and Well-Being” led by the Department of Mental Health 
•  “Leading Change in Criminal Justice” initiative, which helps coordinate services for those struggling with mental health or substance abuse disorders. 

He reflected on Missouri’s resilience throughout history, recalling the fire in 1911 that destroyed the capitol building. Rebuilding the capitol as it is now, he said, was “a monument to what Missouri can be and a challenge to those who would seek to lead in the future.”  

Wilson closed by citing the importance of continued cooperation among the three branches of government to best serve the people of Missouri. 

“There is no tomorrow for any of us that is not the tomorrow for all of us and that future will only be as bright as we make it,” Wilson said. 

Chief Justice Paul C. Wilson was appointed to the Supreme Court in December 2012 and was retained by voters at the November 2014 general election for a 12-year term. He began his two-year term as Chief Justice on July 1, 2021. A full transcript of the 2022 State of the Judiciary is available at courts.mo.gov. 

The Feb. 25 order rescinded the following orders: 

• “Face Mask or Covering Required as a Result of COVID-19 Delta Variant” from Aug. 2, 2021; 
• “Revised COVID-19 Directives” from May 28, 2021; 
• “Supreme Court Criminal Rules Requiring the Defendant’s Personal Appearance During the COVID-19 Pandemic” from April 17, 2020;  
• “Signed Return Receipt of Certified or Registered Mail During the COVID-19 Pandemic” from April 6, 2020; and  
• “Emergency Procedures for the Administering of Oaths and Affirmations During the COVID-19 Pandemic” from March 25, 2020. 

The Court now gives the chief and presiding judges of each court full authority and discretion to determine if and what precautionary measures – such as masking and social distancing – should be implemented in their court facilities, according to a Friday email from Supreme Court of Missouri Clerk Betsy AuBuchon. 

Two years ago, the COVID-19 pandemic hit the world full force, leading countries, businesses, schools, and courts to implement emergency protocols. However, many places are now revising their protocols as part of transitioning to a “new normal.” In an email Friday, AuBuchon said the rescission is part of this long-term approach.  

Click here to read the Supreme Court of Missouri’s orders. 

On Monday, Dec. 6, lawyers will receive an email invitation from Supreme Court of Missouri Chief Justice Paul Wilson containing a link to participate in the electronic survey. The survey is voluntary and anonymous, and it would take about 10 minutes to complete. Lawyers can complete the survey through early January 2022.

The survey comes from the Commission on Racial and Ethnic Fairness, created by the Supreme Court of Missouri in October 2015. The commission is tasked with examining current practices and recommending measures to the Court to ensure fairness, impartiality, and equal access for racial and ethnic minorities in the legal profession.  

As part of its tasks, the commission wants to analyze any implicit or other bias within the legal profession – including reviewing and recommending best practices in hiring, retaining, and elevating racially and ethnically diverse lawyers. 

This survey will help establish a baseline for monitoring the state’s progress in “eliminating bias and enhancing diversity, equity, and inclusion in the legal profession,” said commission tri-chairs William Bay, Hon. Lisa White Hardwick, Mikah Thompson, and Michael Middleton. 

Email the Commission on Racial and Ethnic Fairness at CREF@courts.mo.gov with any questions about the survey. 

Many people have read George Vest’s “Eulogy of the Dog,” but few know the story behind it that began with an ill-fated gunshot and a court case in Warrensburg, Missouri, that was appealed all the way to the Supreme Court of Missouri. 

In an Aug. 2 letter to chief and presiding judges, Chief Justice Paul C. Wilson reiterated the Supreme Court of Missouri’s requirements outlined in its May 28 COVID-19 order. The order states chief and presiding judges should monitor the CDC’s COVID-19 guidelines, and local courts should implement any new or amended guidelines that align with the CDC’s recommendations. The letter noted this order’s directive applies to the CDC’s recent masking guidelines. 

Due to the COVID-19 Delta variant’s prevalence in the United States, the CDC recommended in July that individuals, regardless of vaccination status, wear masks indoors in public if they are in areas with substantial or high COVID-19 transmission rates. As of Aug. 12, every Missouri county except for one was listed as having a substantial or high community transmission rate. Worth County is the only county in Missouri that has a moderate transmission level, according to the CDC. 

Wilson encouraged court officials to closely monitor transmission levels in their respective counties and implement and enforce the CDC recommended precautionary measures in their courts “so long as the CDC designates transmission levels in your county as high or substantial.” Click here to view the CDC’s COVID-19 county-view transmission map. 

“The court recognizes the substantial impact implementation and enforcement of COVID-19 protocols and procedures has had – and will continue to have – on court staff and proceedings,” Wilson’s letter states. “But, as conditions wax and wane, our response needs to do so as well. The unprecedented public health concerns presented by COVID-19 and, now, by this highly transmittable variant require all of us to remain vigilant and willing to implement, without delay, recommended measures to ensure the safety of those who work and appear in our facilities.” 

The Supreme Court of Missouri will list jurisdictions’ orders, including those regarding masking policies. You can view those court orders here. 

In accordance with the CDC’s recommendations, the Supreme Court of Missouri issued an order on Aug. 2 requiring all individuals, regardless of vaccination status, wear masks in all public areas of the Court. On May 28, 2021, the Court issued an order allowing courts to no longer conduct court proceedings and courthouse activities pursuant to the previously prescribed operational restrictions. 

Click here to view the Supreme Court of Missouri’s previous notices, as of June 29. 

A Jefferson City native, Wilson earned his undergraduate degree from Drury College in Springfield and his law degree, cum laude, from the University of Missouri-Columbia School of Law, where he was named to both the Order of the Coif and the Order of the Barristers. He clerked at the Supreme Court of Missouri and then the U.S. Court of Appeals for the Sixth Circuit before becoming a litigation associate at the New York law firm Sullivan & Cromwell. He returned to Missouri in 1996 to work in the attorney general’s office, culminating there as deputy chief of staff for litigation and, later, as counsel for budget and finance in the office of administration. He served as a circuit judge in 2010 in Cole County before joining the Columbia law firm Van Matre, Harrison, Hollis, Taylor and Bacon PC. Governor Jeremiah W. (Jay) Nixon appointed him to the Supreme Court in December 2012, and voters retained him for a twelve-year term in November 2014.

Wilson was raised in a home devoted to public service. His father was a longtime municipal and associate circuit judge in Cole County; his mother served as director of the county health department and the state division of maternal, family and child health and was the first executive director of the Missouri Association of Local Public Health Agencies. Wilson is an Eagle Scout and elder of the first Presbyterian Church in Jefferson City; he previously served on the Legal Services of Mid-Missouri board of directors. He was awarded the National Association of Attorneys General’s Ray Marvin Award in 2002 for excellence as an assistant attorney general and dedicated service in a leadership role in multistate legal initiatives and other projects. He has served for many years as the Court’s liaison to the Missouri Court Automation Committee and other committees.

Wilson and his wife, Laura O’Kelley Wilson, are the proud parents of Meredith Wilson and Alice and Julianna Whitson.

For more information, visit the Supreme Court of Missouri's website.

As a reminder, effective June 15, Missouri's appellate and circuit courts - including all associate, family, juvenile, treatment, municipal, and probate divisions – will no longer be required to conduct court proceedings and courthouse activities pursuant to the previously prescribed operational phases and COVID procedures for jury trials as a result of the decrease in national and local levels of COVID-19 cases and the availability and efficacy of COVID-19 vaccines.

Please read the details of the Supreme Court of Missouri's May 28 order. Accordingly, the Supreme Court of Missouri's COVID response page, including its interactive maps and table, will be disabled today.

Based on local health conditions and recommended CDC guidelines, local chief and presiding judges may continue to exercise their discretion in determining whether precautionary measures should be utilized to ensure the health and safety of those in the courtroom or court facility. Contact information for the state's courts is available through their online Find a Court feature.

JEFFERSON CITY, Mo. – Given the decrease in the national and local levels of COVID-19 cases and the effectiveness and availability of approved COVID-19 vaccines, effective June 15, Missouri's appellate and circuit courts – including all associate, family, juvenile, treatment, municipal, and probate divisions – no longer will be required to conduct court proceedings and courthouse activities pursuant to the previously prescribed operational phases and COVID procedures for jury trials.

Based on local health conditions and recommended CDC guidelines, local chief and presiding judges may exercise their discretion in determining whether precautionary measures should be utilized to ensure the health and safety of those in the courtroom or court facility.

To check a court's current safety protocols or for the Supreme Court of MIssouri's most up-to-date information related to the pandemic, please visit courts.mo.gov/pandemic/. 

JEFFERSON CITY, Mo. – The Supreme Court of Missouri has launched an interactive new website, months in development, celebrating the 200th anniversary of The Missouri Judiciary. The website chronicles events across five stages in the growth of the state’s court system, from pre-statehood territorial courts to the courts’ shift to remote proceedings during the COVID-19 pandemic.

Missouri’s constitution – and the state court system it creates – both predate statehood by more than a year. Both were created in July 1820, but as a result of the Missouri Compromise, Missouri did not gain official statehood until August 1821 – 200 years ago this summer. The judiciary’s new website joins other Missouri 2021 efforts statewide to celebrate the state’s bicentennial.

“In this, our state’s bicentennial year, we stand at a crossroads of history,” Missouri Chief Justice George W. Draper III said. “The bicentennial marks a time to look back at the accomplishments of prior Missourians, learn from the struggles of the past and consider the future we want to build for our great state. We hope this new website, celebrating the past 200 years of Missouri’s judiciary, will serve as a way for Missourians to learn about the rich history of their courts and to consider how our judicial system might continue to evolve to meet the needs of Missourians for centuries yet to come.”

The new website, which features interactive timelines, offers users a chance to explore the early days of Missouri’s courts, discover how the courts expanded to address the state’s increased case volume, learn how additional changes in the 20th century continued to strengthen Missouri’s judicial and legal systems, and explore how Missouri’s courts reorganized and diversified to better serve the state’s citizens. Its final timeline, from the judiciary’s much more recent history, examines how embracing new approaches and technologies are helping the courts improve their service to the people of Missouri.

“The delivery of justice through our courts has evolved monumentally during the last 200 years,” Supreme Court of Missouri Judge Mary R. Russell, and a member of the Court’s bicentennial committee and state’s bicentennial commission, said. “Though the mechanisms for improvement continue to develop, the courts’ changes over time have been driven by public expectations for innovation in service, increased access, and greater efficiency and effectiveness along with a desire to make our courts better for everyone. Although our early territorial judges would probably not recognize our courts today, the principles underlying our judicial system remain steadfast – the rule of law, the guarantee of due process and the opportunity to be heard.”

The website is designed to be fluid, so content can continue to be added to the timeline. It will be featured prominently on the Missouri Courts website through the state’s bicentennial and then will be archived online so it can continue serving as a resource about the history of Missouri’s courts.

In an order dated March 2, 2021, the Supreme Court of Missouri adopted the following amendments to the Rules of Civil Procedure:

• A new subdivision 56.01, entitled “General Provisions Governing Discovery,” of Rule 56, entitled “General Provisions Governing Discovery;”
• A new subdivision 57.01, entitled “Interrogatories to Parties;” a new subdivision 57.03, entitled “Depositions Upon Oral Examination;” and a new subdivision 57.04, entitled “Depositions Upon Written Questions;”
• A new subdivision 58.01, entitled “Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes,” of Rule 58, entitled “Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes;”
• A new subdivision 59.01, entitled “Request for and Effect of Admission,” of Rule 59, entitled “Admission of Facts and Genuineness of Documents;” and
• A new subdivision 61.01, entitled “Failure to Make Discovery: Sanctions,” of Rule 61, entitled “Enforcement of Discovery: Sanctions.”

In 2019, pursuant to the authority granted in § 5 of Article V of the Missouri Constitution, the General Assembly approved House Committee Substitute for Senate Substitute #4 for Senate Bill 224 to amend certain Supreme Court rules relating to discovery. The governor signed the bill into law on July 10, 2019, and the new law took effect Aug. 28, 2019. Since September 2019, the published rules have been accompanied by a footnote stating: “SB 224 (2019) purports to amend Rules 25.03, 56.01, 57.01, 57.03, 57.04, 58.01, 59.01, and 61.01.”

In addition, the versions of Rules 56.01 and 58.01 amended in SB 224 were the versions in effect prior to July 1, 2019. In an order dated Oct. 15, 2018, the Supreme Court of Missouri adopted the following amendments to the Rules of Civil Procedure:

• A new subdivision 56.01(c), entitled “Protective Orders,” and a new subdivision 56.01(g), entitled “Cooperative Discovery,” of Rule 56, entitled “General Provisions Governing Discovery;” and
• A new subdivision 58.01(c), entitled “Response,” of Rule 58, entitled “Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes.”

These new amendments took effect July 1, 2019.

A St. Louis-area native, Stith worked as a law clerk for Supreme Court of Missouri Judge Robert E. Seiler before spending 15 years in the private practice of law in Kansas City. She was appointed in 1994 to the Missouri Court of Appeals, Western District, where she served until March 2001, when she became only the second female judge of the state’s high court. Stith also was only the second woman to be Missouri’s chief justice, serving from July 2007 through June 2009. Stith’s retirement will become effective after the close of business today.

Citizens are encouraged to nominate well-qualified candidates for the commission’s consideration. The Missouri Constitution requires that a judge of the Supreme Court of Missouri be at least 30 years old, licensed to practice law in Missouri, a United States citizen for at least 15 years and a qualified Missouri voter for at least nine years next preceding selection. Nominations should be submitted to the commission by e-mail at JudgeVacancy@courts.mo.gov, or by postal mail at P.O. Box 150, Jefferson City, MO 65102.

The nomination form is available online here.

Applications will be accepted until 5 p.m. Friday, April 9, 2021.

Interested persons may download the application and instructions online here.

The commission has reserved Wednesday through Friday, May 19 through 21, 2021, at the Supreme Court of Missouri, at 207 High Street in Jefferson City, to interview applicants and select a panel of three nominees for the governor’s consideration. The commission reserves the right to conduct interviews using remote technology if necessary due to COVID 19 health concerns and recommendations. Regardless of their format, the interviews will be open to the public. The names of those to be interviewed and information relating to the number and characteristics of all applicants will be released publicly prior to the interviews.

For more information please contact Beth S. Riggert, Communications Counsel at the Supreme Court of Missouri at (573) 751-3676.

Under the modified operational directives

* An operating phase shall apply uniformly to each local court facility in which judicial functions are performed.

* The terms and conditions of a local court’s operating phase may be made more stringent, but not less stringent, than provided in the statewide operating directives.

* If any court employee, bailiff or other court personnel working in a court facility tests positive for COVID-19, the local court must move that facility back to Operating Phase Zero or One.

* As recommended by the Centers for Disease Control and Prevention, face masks or coverings shall be required:

* In all public court areas and during all court proceedings unless good cause is shown to limit the requirement in a particular proceeding, such as for a witness who is testifying; and

* Except when an individual is alone in a private office.

Additionally, today’s modified operational directives require local courts to make efforts to communicate precautions being taken and other COVID-19-related developments to attorneys through The Missouri Bar.

As has been the case since May, under the modified operational directives, activities in all appellate and circuit courts – including all associate, family, juvenile, municipal and probate divisions – will continue to be restricted in some respect, and courts are encouraged to use all available technologies to conduct activities remotely to limit the number of in-person proceedings conducted in courthouses. The operational directives provide uniform “gateway criteria” for Missouri courts to begin resuming court activities gradually – as local conditions permit – making paramount the health and welfare of litigants, witnesses, victims, jurors, attorneys, judicial employees and other individuals involved in judicial proceedings in determining whether a courthouse is ready to progress through four defined operating phases.

“The safety of jurors, visitors, court personnel, parties and attorneys is paramount, and no jurisdiction can resume jury proceedings until after sufficient planning and preparation have occurred,” the Court stated in its order. “The resumption of jury proceedings too early would not only risk the health of the participants, but it could also undermine public confidence in the courts and damage the integrity of trial by jury, a cornerstone of our justice system. … [E]very reasonable precaution should be taken in the context of jury proceedings.”

Recommendations for trial courts under today’s order include:

* Educate the public about the importance of jury service to the administration of justice and about how the court is addressing the safety and well-being of all participants in the trial process, including jurors.

* Freely allow individuals to defer jury service to a later time, especially for those who are at high risk for infection, who have tested positive for the virus or are in self-quarantine, and who are assessing, treating and caring for those with COVID-19 in the health care field or in a hospital, and offer a way for individuals to seek deferral without appearing in person.

* Suspend issuing and executing warrants for potential jurors’ failures to appear, instead working with individuals to defer their jury service as appropriate.

* Ensure availability of facilities – whether in the courthouse or elsewhere – with adequate space to accommodate proper social distancing at all times, to provide each juror with adequate sight lines to the witness stand, and to ensure jurors can hear and see all proceedings.

* Limit the number of potential jurors involved in jury selection at any one time, and consider using jury questionnaires to reduce the number of potential jurors needed for the in-person jury selection process.

* Consider alternative means of publishing exhibits to jurors, including use of technology or making individual copies for jurors.

* Ensure occupancy limits on courtrooms do not infringe on a victim’s right to attend and be heard or the public’s right to view court proceedings that are not otherwise closed or confidential according to the law.

Today’s order supplements the order here and operational directives the Court issued last month to begin resuming court activities through specified phases. The phases in which local courts are operating, as well as any local orders they have issued, are available from the Missouri Courts interactive COVID-19 alerts page.

Despite the restrictions, the state’s courts remain open to conduct necessary business, though access to court buildings – including the Supreme Court Building – has been limited to help prevent the spread of the disease. The Court’s order does not affect a court’s ability to consider or rule on matters and does not affect required deadlines through the state’s electronic filing system.

The Court’s order (available here) authorizes local courts to determine how best to conduct the excepted proceedings and other necessary court business. The Missouri Courts COVID-19 alert page, launched March 13 – links to the various orders and notices issued by the Court, the three districts of the Missouri Court of Appeals, each of the state’s 115 circuit courts and a growing number of the state’s stand-alone municipal divisions. This web page is updated throughout each day as new information becomes available.

Individuals with questions about the status of particular cases should check Case.net, sign up for alerts through Case.net’s Track This Case tool, ask their attorney or contact the local clerk’s office.

Also today, the Court suspended until further order any state or local court rule that could be interpreted to require the personal appearance of a defendant at a criminal or ordinance violation hearing or proceeding.

This order, which does not pertain to constitutional or statutory provisions, is available here.

As information about and best practices for dealing with COVID-19 continue to evolve, the Court will continue to discuss how best to balance the health and safety of the public, judges and court staff statewide with the judicial branch’s responsibility to uphold the constitutional rights of litigants seeking redress and other core constitutional functions.

Despite the restrictions, the state’s courts remain open to conduct necessary business, though access to court buildings – including the Supreme Court Building – has been limited to help prevent the spread of the disease. The Court’s order does not affect a court’s ability to consider or rule on matters and does not affect required deadlines through the state’s electronic filing system.

The Court’s order authorizes local courts to determine how best to conduct the excepted proceedings and other necessary court business. The Missouri Courts COVID-19 alert page, launched March 13 – links to the various orders and notices issued by the Court, the three districts of the Missouri Court of Appeals, each of the state’s 115 circuit courts and a growing number of the state’s stand-alone municipal divisions. This web page is updated throughout each day as new information becomes available.

Individuals with questions about the status of particular cases should check Case.net, sign up for alerts through Case.net’s Track This Case tool, ask their attorney or contact the local clerk’s office.

As information about and best practices for dealing with COVID-19 continue to evolve, the Court will continue to discuss how best to balance the health and safety of the public, judges and court staff statewide with the judicial branch’s responsibility to uphold the constitutional rights of litigants seeking redress and other core constitutional functions.

Despite the restrictions, the state’s courts remain open to conduct necessary business, though access to court buildings – including the Supreme Court Building – has been limited to help prevent the spread of the disease. The Court’s order does not affect a court’s ability to consider or rule on matters and does not affect required deadlines through the state’s electronic filing system.

The Court’s order authorizes local courts to determine how best to conduct the excepted proceedings and other necessary court business. The Missouri Courts COVID-19 alert page – launched March 13 – links to the various orders and notices issued by the Court, the three districts of the Missouri Court of Appeals, each of the state’s 115 circuit courts and a growing number of the state’s stand-alone municipal divisions. This web page is updated throughout each day as new information becomes available.

Individuals with questions about the status of particular cases should check Case.net, sign up for alerts through Case.net’s Track This Case tool, ask their attorney or contact the local clerk’s office.

Today the Court enacted emergency procedures for administering oaths or affirmations during the pandemic. By suspending any state or local court rule that could be read to the contrary, the Court’s action permits oaths or affirmations to be administered using videoconferencing, teleconferencing or other available technologies. Please read today’s order here.

In prior actions, the Court canceled its own in-person oral arguments scheduled in April; canceled tours; canceled or postponed meetings and other nonessential business; and canceled its spring attorney enrollment ceremony, which had been scheduled for April 24. The Court also expanded the time in which the state’s more than 30,000 licensed attorneys must obtain required continuing legal education credits and has extended their deadline for reporting credits.

As information about and best practices for dealing with the COVID-19 from the World Health Organization, the Centers for Disease Control and Prevention, and the Missouri Department of Health and Senior Services continue to evolve, the Court will continue to discuss how best to balance the health and safety of the public, judges and court staff statewide with the judicial branch’s responsibility to uphold the constitutional rights of litigants seeking redress and other core constitutional functions.

The Court’s order authorizes the presiding judges of each of the state’s 46 judicial circuits and the chief judge of each of the three districts of the state’s court of appeals to determine the manner in which the listed exceptions to in-person proceedings are to be conducted. It further gives the judges presiding over such proceedings discretion to excuse jurors or other individuals who cannot or should not appear as a result of risks associated with COVID-19.

Today’s order does not affect a court’s ability to consider or rule on any matter that does not require an in-person proceeding. It also does not affect required deadlines through Missouri’s electronic filing system.

Please read the full text of today's order.

Also today, the Court announced certain changes regarding its own operations.

As information about and best practices for dealing with the COVID-19 from the World Health Organization, the Centers for Disease Control and Prevention and the Missouri Department of Health and Senior Services continue to evolve, the Court will continue to discuss how best to balance the health and safety of the public, judges and court staff statewide with the judicial branch’s responsibility to uphold the constitutional rights of litigants seeking redress and other core constitutional functions.

“As part of my tenure as chief justice, I am excited for a chance to lead Missouri’s judicial branch toward racial, ethnic and gender equity,” Chief Justice George W. Draper III said. “In 1938, the United States Supreme Court ordered Missouri either to allow Negroes into its law school or to create a suitable alternative. Ten years later – when my father earned his masters in law and was advised of a position on the faculty of Lincoln’s law school in St. Louis (the “suitable alternative” the legislature had created) – there were no women or minorities serving on the state’s judiciary.

“By 1984, when I became a Missouri lawyer, there were 16 white women, four black men and one black woman serving as judges, with none at the appellate level,” Draper continued. “Judicial diversity has improved – now 29 percent of our judges are women, and 9 percent are racial or ethnic minorities.

Looking at our branch as a whole – including judges and non-judges alike – 75 percent are women and 14 percent are racial or ethnic minorities. Data show the racial and ethnic diversity of the judges is consistent with the composition of The Missouri Bar.

“While the data show we have come a long way in 70 years, we can do better,” Draper said. “I am confident the Supreme Court of Missouri’s commission on racial and ethnic fairness will continue to emphasize diversification of the bench and judicial personnel among its important efforts to improve racial and ethnic fairness in the state’s legal system.”

The commission has been studying the diversity of the state’s judicial branch since April 2017, when Missouri partnered with the National Center for State Courts to review diversity of both judicial officers (article V judges and statutory commissioners) and non-judge judicial employees to better understand its own demographics, including gender, race and ethnicity, in comparison with the diversity of the population of the state.

In addition to establishing this important baseline study for improving racial, ethnic and gender equity within Missouri’s judiciary, the commission has brought about other meaningful change. As a result of the commission’s work, the judges and employees in the state judicial branch underwent implicit bias training, and all lawyers and judges now are required to have one hour of “elimination of bias” ethics training among their 15 hours required annually of continuing legal education.

Furthermore, effective in July, ethics rules for attorneys and judges expanded protections against bias, prejudice and harassment.

“The corporate world long ago recognized the need for diversity, inclusion and a real understanding of the racial bias that divides and threatens community, industry, democracy and profit,” Draper told a statewide gathering of lawyers and judges in September when discussing the new rules.

“Implicit bias and racism infect our profession as they do society as a whole. They inhibit our cultural growth and impede the progress of minorities into the profession and onto the bench.”