The Nonpartisan Court Plan of 1940 is still in use statewide today to appoint new judges. Known as the "Missouri Plan," the selection process is merit-based, void of political affiliation and is designed to root out pay-to-play decision-making.
“The goal of the whole process is to cast a wide net and ensure people are aware there is a vacancy and make sure that the public can bring people in,” said Beth Riggert, communications counsel with the Supreme Court of Missouri.
“If they've got some great lawyer or judge they've appeared in front of who they think should be considered for an appellate vacancy, there is a way for them to weigh in on the process. The interviews are conducted in a public location so that if folks want to attend, they can but it typically doesn't attract much attention.”
Gov. Mike Parson is currently reviewing a panel of nominees submitted by the Appellate Judicial Commission to fill a vacancy in the Eastern District of the Missouri Court of Appeals created by the December 2020 retirement of Judge Robert G. Dowd Jr.
The Appellate Judicial Commission chair is Missouri Supreme Court Chief Justice George W. Draper III. Other commission members include Scott S. Bethune of Kansas City, Neil Chanter of Springfield, Timothy M. Drury of St. Louis, Sally Hargis of Springfield, Thomas K. Neill of St. Louis, and Kathy Ritter of Columbia.
According to a press release, of 17 applicants, four reported they are female, one reported being a minority, four were employed outside the St. Louis metro area, seven work in the public sector, eight work in the private sector while two worked in both. Of those in the private sector, two work in a solo or small practice. Of those in the public sector, five were trial court judges and the applicant's mean age was 52.5 years old.
“The applicants were given the option of having an in-person or a WebEx interview but they all opted for in-person interviews,” Riggert told the St. Louis Record. “There were COVID precautions that were taken to try to keep everybody safe. Each commissioner sat at his or her own individual table. The applicant sat at a table with a plexiglass shield around them. One staff person inside the courtroom touched one side of the door handle. Another staff person outside the courtroom touched the other side of the door handle and everything was sanitized in between.”
The Missouri Constitution directs that if Gov. Parson doesn’t select a candidate within 60 days, it’s the responsibility of the Appellate Judicial Commissioners to make an appointment.
“If the judge who is appointed chooses to have a formal ceremony, it's called an investiture,” Riggert said in an interview. “Most of the time, they just will get sworn in under the constitution, which is much less formal. The constitution provides to have someone administer the oath of office, then they can officially start sitting as a judge.”
The panel of three nominees include:
22nd Judicial Circuit Judge Thomas C. Clark II in St. Louis. Born in 1966, Clark earned a law degree in 1998 from Saint Louis University School of Law and his master of arts in judicial studies in 2019 from the University of Nevada-Reno. He resides in St. Louis.
23rd Judicial Circuit Judge Darrell E. Missey in Jefferson County. Born in 1967, Missey earned a law degree in 1992 from Saint Louis University School of Law. He resides in Fenton.
Eric S. Peterson. Born in 1973, Peterson is a senior hearing officer for the Missouri State Tax Commission in Jefferson City. He earned his law degree in 1999 from Washington University School of Law in St. Louis Peterson resides in Webster.