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Last modified on 8 February 2017, at 14:06

Missouri Court of Appeals

Judges of the Missouri Court of Appeals, Eastern District
Judges of the Missouri Court of Appeals, Western District
Judges of the Missouri Court of Appeals, Southern District

Missouri Court of Appeals

 
Missouri Court of Appeals
200pxIACBadgeforVNT.png
Court information
Judges:   32
Salary:   $157,242[1]
Judicial selection
Method:   Assisted appointment
Term:   12 years

The Missouri Court of Appeals is the intermediate appellate court for the state of Missouri. The court of appeals handles appeals from the circuit courts. In Missouri, the appellate court system is divided into three districts: eastern, western and southern.[2]

The Missouri Court of Appeals, Eastern District, is the state's largest appellate court, with offices located in the historic Old Post Office building in downtown St. Louis. The court is composed of 14 judges who handle approximately 50 percent of the intermediate appellate caseload in Missouri, covering 25 counties and the city of St. Louis. Oral arguments are regularly conducted in St. Louis, Clayton, Hannibal, Cape Girardeau and other locations within the Eastern District.[3]

Based on the number of counties in its jurisdiction (45), the Western District is the state's largest intermediate appellate court, and is located in its own courthouse in downtown Kansas City. The court is composed of 11 judges and handles almost 40 percent of the appellate caseload in Missouri. Oral arguments are normally conducted in Kansas City but are also conducted in Jefferson City, Colombia, St. Joseph, Kirksville, and other Western District locations.[4]

The Southern District has offices in Springfield, Mo., and maintains a courthouse and chambers in Poplar Bluff. Oral arguments are regularly conducted in both locations. The court is composed of seven judges, and its jurisdiction covers 44 counties in southern Missouri.[5]

The court of appeals handles all appeals except those in the supreme court's exclusive jurisdiction: challenges to the validity of a United States statute or treaty, the validity of a state constitutional provision or statute, cases requiring construction of revenue laws, the title to state office and cases where the death penalty is imposed.

Court of appeals cases may be appealed to the supreme court. However, historically, the supreme court hears less than 10 percent of appeals. Thus, for the vast majority of appeals, the court of appeals decision is final.[6]

Procedure

In an appeal, the court receives a record of what occurred in the circuit court. Typically, each side files a publicly available brief featuring arguments and the basis for them, such as past court decisions and laws. Each side is allowed to present an oral argument and answer questions from the judges. After the arguments, the judges determine whether the trial court made any prejudicial mistakes. In researching and deciding opinions, the court considers the briefs and oral arguments, as well as the transcripts, pleadings and exhibits from the trial.[6]

  • Published opinions of the Missouri Court of Appeals can be found here.

Judges

JudgeTermAppointed by
Judge Lisa White Hardwick2001-2026Gov. Bob Holden (D)
Judge Robert Dowd1994-2020Gov. Mel Carnahan (D)
Judge Mary Kathryn Hoff1995-2022Gov. Mel Carnahan (D)
Judge Lawrence Mooney1998-2024Gov. Mel Carnahan (D)
Judge Roy Richter2006-2020Gov. Matt Blunt (R)
Judge Sherri Sullivan1999-2024Gov. Mel Carnahan (D)
Judge Kurt Odenwald2007-2020Gov. Matt Blunt (R)
Judge Victor Howard1996-2022Gov. Mel Carnahan (D)
Judge Thomas Newton1999-2024Gov. Mel Carnahan (D)
Judge Alok Ahuja2007-2022Gov. Matt Blunt (R)
Judge James Edward Welsh2007-2022Gov. Matt Blunt (R)
Judge Gary Lynch2006-2020Gov. Matt Blunt (R)
Judge Jeffrey Bates2003-2018Gov. Bob Holden (D)
Judge Nancy Steffen Rahmeyer2001-2026Gov. Bob Holden (D)
Judge Don Burrell2007-2022Gov. Matt Blunt (R)
Chief Judge Mark Pfeiffer2009-2022Gov. Jay Nixon (D)
Judge Daniel Scott2006-2020Gov. Matt Blunt (R)
Judge Karen Mitchell2009-2022Gov. Jay Nixon (D)
Judge Gary Gaertner Jr.2010-2024Gov. Jay Nixon (D)
Judge Gary Witt2010-2024Gov. Jay Nixon (D)
Judge Anthony Rex Gabbert2013-2026Gov. Jay Nixon (D)
Judge Colleen Dolan2016-2018Gov. Jay Nixon (D)
Judge Angela T. Quigless2012-2026Gov. Jay Nixon (D)
Judge Lisa Van Amburg2012-2026Gov. Jay Nixon (D)
Judge Lisa K. Page2015-2018Gov. Jay Nixon (D)
Chief Judge Mary Sheffield (Missouri)2012-2026Gov. Jay Nixon (D)
Judge William W. Francis, Jr.2010-2024Gov. Jay Nixon (D)
Judge Robert M. Clayton, III2011-2024Gov. Jay Nixon (D)
Judge Cynthia Lynette Martin2009-2024Gov. Jay Nixon (D)
Chief Judge Philip M. Hess2013-2028Gov. Jay Nixon (D)
Judge James M. Dowd2015-2028Gov. Jay Nixon (D)
Judge Ted Ardini2016-2018Gov. Jay Nixon (D)
Map of Missouri Appellate Districts

Former judges

Judicial selection

The judges of the court of appeals are selected under the Missouri Nonpartisan Court Plan, which includes selection by the Missouri Appellate Judicial Commission based on merit, gubernatorial appointment and retention by the voters. All judges serve 12-year terms.[8]

For details about Missouri's judicial elections, visit the Missouri judicial elections page.

Qualifications

To serve on the court of appeals, a judge must be:

  • licensed to practice in Missouri;
  • a U.S. citizen for at least 15 years;
  • a qualified state voter for at least nine years;
  • a resident of the district over which the judge presides;
  • at least 30 years old and at most 70 years old[12]

Salary

The annual salary for judges of the Missouri Court of Appeals has been $154,176 since 2014.[13]

Elections

2018

See also: Missouri judicial elections, 2018

Judges with expiring terms

This is a list of the judges who must stand for retention in 2018 in order to remain on the bench. Judges may choose not to stand for retention or may retire. In retention elections, a judge stands for a "yes" or "no" vote; no challengers may run in the elections. The list is subject to change if judges retire or are appointed.

Jeffrey Bates
Colleen Dolan
Lisa K. Page
Ted Ardini

2016

Judges who faced retention

Philip M. Hess Green check mark transparent.png
James M. Dowd Green check mark transparent.png

Election results

Philip M. Hess was retained in the Missouri Court of Appeals, Hess' Seat election with 60.52% of the vote.
Missouri Court of Appeals, Hess' Seat, 2016
Name Yes votes
Green check mark transparent.pngPhilip M. Hess60.52%
Source: Missouri Secretary of State Official Results
James M. Dowd was retained in the Missouri Court of Appeals, Dowd's Seat election with 61.49% of the vote.
Missouri Court of Appeals, Dowd's Seat, 2016
Name Yes votes
Green check mark transparent.pngJames M. Dowd61.49%
Source: Missouri Secretary of State Official Results

2014

Retention
JudgeElection Vote
SheffieldMary Sheffield (Missouri)69.2% ApprovedA
AmburgLisa Van Amburg67.3% ApprovedA
QuiglessAngela T. Quigless61.1% ApprovedA
GabbertAnthony Rex Gabbert65.1% ApprovedA
RahmeyerNancy Steffen Rahmeyer68.2% ApprovedA
HardwickLisa White Hardwick66.8% ApprovedA

2012

CandidateIncumbencyDivisionPrimary VoteElection Vote
MartinCynthia Lynette Martin   ApprovedAYesWestern District   ApprovedA
Gaertner Jr.Gary Gaertner Jr.   ApprovedAYesEastern District   ApprovedA
WittGary Witt   ApprovedAYesWestern District   ApprovedA
MooneyLawrence Mooney   ApprovedAYesEastern District   ApprovedA
Clayton IIIRobert M. Clayton, III   ApprovedAYesEastern District   ApprovedA
SullivanSherri Sullivan   ApprovedAYesEastern District   ApprovedA
NewtonThomas Newton   ApprovedAYesWestern District   ApprovedA
Francis Jr.William W. Francis, Jr.   ApprovedAYesSouthern District   ApprovedA

Ethics

The Missouri Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Missouri. It is composed of four canons:

  • Canon 1: "A Judge Shall Uphold and Promote the Independence, Integrity and Impartiality of the Judiciary and Avoid Impropriety and Appearance of Impropriety"
  • Canon 2: "A Judge Shall Perform the Duties of Judicial Office Impartially, Competently and Diligently"
  • Canon 3: "A Judge Shall So Conduct the Judge's Extrajudicial Activities as to Minimize the Risk of Conflict with Judicial Obligations"
  • Canon 4: "A Judge or Judicial Candidate Shall not Engage in Political or Campaign Activity Inconsistent with the Independence, Integrity or Impartiality of the Judiciary"[14]

The full text of the Missouri Code of Judicial Conduct can be found here.

Removal of judges

Judges in Missouri may be removed in one of two ways:

  • Retirement or removal by the supreme court, on the recommendation of the commission on retirement, removal and discipline
  • Impeachment by the house of representatives; impeachments are tried by the supreme court, and five-sevenths of the court must concur in order to convict[15]

Notable decisions

State profile

USA Missouri location map.svg

This excerpt is reprinted here with the permission of the 2016 edition of the Almanac of American Politics and is up to date as of the publication date of that edition. All text is reproduced verbatim, though links have been added by Ballotpedia staff. To read the full chapter on Missouri, click here.


The Gateway Arch, rising gracefully over the Mississippi River, is a worthy tribute to St. Louis and Missouri as the gateway to the American West, but it is no longer a gleaming symbol of the state’s vigor and prosperity. This land was part of France’s thinly settled North American empire; St. Louis, just below the swirling confluence of the Missouri River and the Mississippi, was founded by Pierre Laclède and Auguste Chouteau in 1764, while further south in Missouri, the French began mining in the Old Lead Belt as early as 1720. All this and much more was acquired by the United States with the Louisiana Purchase of 1803, and on May 14, 1804, at Thomas Jefferson’s direction, Meriwether Lewis, William Clark, and their party set out from St. Louis on their expedition to the Pacific. St. Louis was then the one well-established city in America’s interior, with an aristocracy of French merchants, a brawling bourgeoisie of Yankee and Southern frontiersmen and fur traders, and a proletariat of black slaves. Statehood came in 1821, and for years thereafter, the frontier democracy was a passage for westward expansion, captured in the ... (read more)

Demographic data for Missouri
 MissouriU.S.
Total population:6,028,076314,107,084
Land area (sq mi):68,7423,531,905
Gender
Female:51%50.8%
Race and ethnicity
White:80.5%62.8%
Black/African American:11.5%12.6%
Asian:1.7%5%
Native American:0.4%0.8%
Pacific Islander:0.1%0.2%
Two or more:2.4%2.9%
Hispanic/Latino:3.8%16.9%
Education
High school graduation rate:88%86.3%
College graduation rate:26.7%29.3%
Income
Median household income:$47,764$53,482
Persons below poverty level:15.6%14.8%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2014)

Presidential voting pattern

See also: Presidential voting trends in Missouri

Missouri voted Republican in all five presidential elections between 2000 and 2016.


More Missouri coverage on Ballotpedia

Recent news

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Missouri Court of Appeals - Google News Feed

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See also

External links

Footnotes

MissouriMissouri Supreme CourtMissouri Court of AppealsMissouri Circuit CourtsMissouri Municipal CourtsUnited States District Court for the Eastern District of MissouriUnited States District Court for the Western District of MissouriUnited States bankruptcy court, Eastern District of MissouriUnited States bankruptcy court, Western District of MissouriUnited States Court of Appeals for the Eighth CircuitMissouri countiesMissouri judicial newsMissouri judicial electionsJudicial selection in MissouriMissouriTemplate.jpg