The Court of Appeal for the Southern District is down two judges due to a constitutional provision that encourages the judiciary to retire before their 70th birthday.
Under the provision, if a judge is still in office on their 70th birthday, they forfeit their pension.
“The Missouri Constitution didn't give any choice on it so it wasn't something I picked but, I'm okay with it and it makes some sense,” said Judge Gary Lynch. “In the long run, perhaps given the change through the years in improved health services, Missouri might want to consider raising the age limit from 70 to 72 or even 75 years old.”
Lynch is among those who are retiring from the seven-judge bench along with Judge William Francis.
“Within 19 months, four of the seven judges have changed and that is difficult on a court just because you get in a rhythm and you get to know each other, you work together and whenever that changes, it also changes the dynamics of a court but the nonpartisan court plan for the appellate courts in Missouri really does a nice job of making certain that very qualified candidates come on the court,” Lynch told the St. Louis Record.
As previously reported in the St. Louis Record, Judge Dan Scott and Judge Rahmeyer retired in 2021 and 2020, respectively.
“It is a change for the court but Judge Scott was replaced by Jack Goodman and Judge Rahmeyer was replaced by Jennifer Growcock and they are just excellent judges, both came off the trial bench where they were trial judges and practiced law before that,” Lynch said. “The court is in good hands and that's great.”
Lynch, who was appointed in 2006 and has since served as a chief judge twice, has been a judiciary member for 20 years.
“I was on the trial bench for three years, and I just finished up my 17th year on the court of appeals,” he said.
Although Lynch’s retirement was effective on June 18, he will preside on assignment.
“When the Supreme Court has an assignment available, they contact a senior judge and if the judge is available and wants to take the assignment, he or she may do that or may defer on it,” he said.
Francis, who was appointed to the bench by Democratic Gov. Jay Nixon in 2010, graduated from Missouri State University in 1974 and from the University of Missouri School of Law in 1977. Prior to his appointment, Francis was in private practice in Springfield.
“Judge Francis and I were actually in the same law school class 45 years ago and through happenstance ended up on the court of appeals together,” Lynch added.
The Appellate Judicial Commission is accepting applications to fill the vacancies until July 15.