Eight women, four minorities, and 15 judges submitted applications to fill a vacant seat on the Supreme Court of Missouri created by the March 8 retirement of Justice Laura Denvir Stith who served 20 years, including two years as chief justice.
“It’s a recent development to release these demographics,” said Judge Dan Scott, a former Southern District Missouri Court of Appeals judge who retired on Dec. 31, 2020. “The court hasn’t always done that. There's been a change, which I would say was prompted by a desire for more openness by the Supreme Court.”
Overall, there are 25 applicants vying for Stith’s vacated seat, which is 12 more than the number of lawyers who applied when Judge Scott retired.
Scott explained that the Southern District of the Missouri Court of Appeals consists of 44 counties along the Southern tier of Missouri.
“So, you can only apply for my seat if you live in the Southern District and practice in the Southern District whereas if you apply for a Missouri Supreme Court seat, you can reside anywhere in Missouri," he said. "That automatically opens up many more possibilities of applicants.”
Historically, names of those being considered for a judicial vacancy were not released to the public but in September 2010, the Supreme Court of Missouri changed Rule 10 to permit the judicial commissions to release the names of those individuals being interviewed, according to a press release.
“If you're a lawyer who's applying, you generally don’t want your name out there because you're sending a message that you're actually trying to get out of your law practice maybe and other lawyers might poach your business,” Scott said. “So, you didn't particularly want everybody to know you were applying unless you at least made the panel and had a chance but in an effort to be more open, they publicize all the people who are applying. It’s just because society tends to want to look at numbers.”
The Missouri Supreme Court announced last week that the Appellate Judicial Commission, chaired by Missouri Supreme Court Chief Justice George W. Draper III, will interview all 25 applicants for Stith’s seat.
The 25 applicants are Cory L. Atkins, Chad E. Blomberg, Donald E. Burrell Jr, R. Craig Carter, William M. Corrigan Jr., Katherine M. Fowler, Kenneth R. Garrett III, Jennifer R. Growcock, Matthew P. Hamner, Lisa White Hardwick, Marjorie M. Lewis. Shaun J. Mackelprang, Tracey A. Mason-White, Jeffery T. McPherson, Darrell E. Missey, Jalilah Otto, Robin Ransom, David E. Roland, Sherry A. Rozell, Jason M. Sengheiser, Cristian M. Stevens, Stanley J. Wallach, David G. Wasinger, Jonathan R. Whitehead, and Raymond E. Williams.
Of the 25 Missouri Supreme Court applicants, ten are employed outside the Kansas City, Springfield, and St. Louis metropolitan areas. Fifteen applicants work in the public sector, seven work in the private sector, and three work in both. Of those in the private sector, three work in a solo or small-firm practice.
As previously reported, once the 25 applicants are narrowed down to a panel of nominees, the Appellate Judicial Commission will submit three names to Gov. Mike Parson for final selection.
“When I made a panel, it gave the governor an opportunity to appoint somebody from my area of the state,” Scott said. “There had not been anybody from the Joplin area on the Court of Appeals for many years even though we are the second most populous area. When I say the governor can pick whoever for any reason, there's usually some reason like geographical diversity or racial diversity and any one of those three nominees will do a good job because they have been dummy-proofed.”
Scott was appointed by former Gov. Matt Blunt, a Republican.
“I have had several people who thought about applying for my seat call me up and ask whether they should apply,” Scott said. “They wanted to know what it was like. To the extent people would ask, I talk with them about being a judge but I didn't have any official involvement in the selection process.”
Before becoming a judge, Scott had practiced law for 25 years, and being a Southern District Court of Appeals judge was his dream job.
“I was an assistant prosecutor for a considerable period of time, trying a lot of criminal cases,” he said. “Then, I transitioned into business law where I represented trucking companies and other people who did some international work. I had the opportunity to do challenging, interesting contract work. I have had a really nice legal career with great clients and great partners. I wouldn't have quit for anything except the job I got at the Southern District Court of Appeals because it was the perfect job for me. I loved it.”
For now, Scott says he's just enjoying his retirement.
"Retired trial judges can get lots of work but there's not much work for a retired appellate judge," he said. "I am going to be a judge in a college mock trial that's happening. They need a judge but other than that, I'm volunteering and finding other personal things to do."