Missouri Court of Appeals: Difference between revisions
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Revision as of 21:15, 29 June 2021
 | This article needs additional citations for verification. (July 2012) |
The Missouri Court of Appeals is the intermediate appellate court for the state of Missouri. The court handles most of the appeals from the Missouri Circuit Courts. The court is divided into three geographic districts: Eastern (based in St. Louis), Western (based in Kansas City), and Southern (based in Springfield).[1] For example, appeals taken from trials in St. Louis County will go to the Eastern District, and appeals taken from trials in Jackson County (Kansas City) will go to the Western District.
After a case is decided in the Court of Appeals, the losing party may choose to accept the result, or to appeal further to the Supreme Court of Missouri. In most appeals, the Supreme Court of Missouri may, and often does, reject an appeal from the Court of Appeals (called "discretionary jurisdiction"). Historically, less than ten percent of the appeals heard by the Missouri Court of Appeals are transferred to the Supreme Court. Thus, for the vast majority of appeals, the Court of Appeals decision is final.[2]
Jurisdiction
The Missouri Court of Appeals has jurisdiction over all appeals which do not fall under the exclusive jurisdiction of the Supreme Court of Missouri. The five categories of appeals over which the Supreme Court exercises exclusive jurisdiction are:
- The validity of a United States statute or treaty.
- The validity of a Missouri statute or constitutional provision.
- The state's revenue laws.
- Challenges to a statewide elected official's right to hold office.
- Imposition of the death penalty.[2]
Therefore, if an appeal falls within one of these five categories, the appeal must go directly to the Missouri Supreme Court. If an appeal does not fall within one of these five categories, the Missouri Court of Appeals may hear the case.[2]
Opinions
The Missouri court of appeals functions by issuing written judicial opinions. These opinions create precedent for future cases within each District's geographic region.[1]
These opinions are available to the public. The court publishes the opinions to its website when they are issued.[3]
Judges
There are fourteen judges in the Eastern District, eleven judges in the Western District, and seven judges in the Southern District. Judges are selected via the Missouri Plan.[4] Often, a district will have fewer judges than normal because of a vacancy, which occurs after a sitting judge leaves the Court and before a new judge can be appointed.[5]
Under the Constitution of Missouri, Court of Appeals judges must be at least 30 years old, licensed to practice law in Missouri, a United States citizen for at least 15 years, a qualified voter of the state for nine years preceding selection, and a resident of the appellate district in which the judge serves. Judges serve a term of twelve years, but may seek additional terms. Mandatory retirement age for judges is 70, after which a judge may elect to go on senior status.[6]
Current judges
Eastern District (St. Louis)
| Judge | Year appointed | Appointed by | Term up |
|---|---|---|---|
| Chief Judge Mary Kathryn Hoff | 1995 | Mel Carnahan (D) | 2022 |
| Judge Sherri B. Sullivan | 1999 | Mel Carnahan (D) | 2024 |
| Judge Kurt S. Odenwald | 2007 | Matt Blunt (R) | 2032 |
| Judge Gary M. Gaertner, Jr. | 2009 | Jay Nixon (D) | 2024 |
| Judge Robert M. Clayton III | 2011 | Jay Nixon (D) | 2024 |
| Judge Angela Turner Quigless | 2012 | Jay Nixon (D) | 2026 |
| Judge Philip M. Hess | 2013 | Jay Nixon (D) | 2028 |
| Judge James M. Dowd | 2015 | Jay Nixon (D) | 2028 |
| Judge Lisa Page | 2015 | Jay Nixon (D) | 2030 |
| Judge Colleen Dolan | 2016 | Jay Nixon (D) | 2030 |
| Judge Kelly C. Broniec | 2020 | Mike Parson (R) | 2022 |
| Judge Thomas C. Clark II | 2021 | Mike Parson (R) | 2022 |
| Vacant | TBD | Mike Parson (R) | TBD |
Source[7]
Western District (Kansas City)
| Judge | Year appointed | Chief | Appointed by | Term up |
|---|---|---|---|---|
| Chief Judge Cynthia L. Martin | 2009 | 2020–present | Jay Nixon (D) | 2024 |
| Judge Thomas H. Newton | 1999 | 2008–2010 | Mel Carnahan (D) | 2021 |
| Judge Lisa White Hardwick | 2001 | 2010–2012 | Bob Holden (D) | 2026 |
| Judge Alok Ahuja | 2007 | Matt Blunt (R) | 2022 | |
| Judge Karen King Mitchell | 2009 | 2018–2020 | Jay Nixon (D) | 2022 |
| Judge Mark D. Pfeiffer | 2009 | 2016–2018 | Jay Nixon (D) | 2022 |
| Judge Gary D. Witt | 2010 | Jay Nixon (D) | 2024 | |
| Judge Anthony Rex Gabbert | 2013 | Jay Nixon (D) | 2026 | |
| Judge Edward R. Ardini, Jr. | 2016 | Jay Nixon (D) | 2030 | |
| Judge Thomas N Chapman | 2018 | Mike Parson (R) | 2032 | |
| Judge W. Douglas Thomson | 2020 | Mike Parson (R) | 2022 |
Source[8]
Southern District (Springfield)
| Judge | Year appointed | Appointed by | Term up |
|---|---|---|---|
| Chief Judge Jeffrey W. Bates | 2003 | Bob Holden (D) | 2030 |
| Judge Nancy Steffen Rahmeyer | 2001 | Bob Holden (D) | 2026 |
| Judge Gary W. Lynch | 2006 | Matt Blunt (R) | 2032 |
| Judge Don E. Burrell Jr. | 2008 | Matt Blunt (R) | 2022 |
| Judge William W. Francis Jr. | 2010 | Jay Nixon (D) | 2024 |
| Judge Mary W. Sheffield | 2012 | Jay Nixon (D) | 2026 |
| Judge Jack A.L. Goodman | 2020 | Mike Parson (R) | 2022 |
Source[9]
Courthouses
Eastern District (St. Louis)
The Missouri Court of Appeals, Eastern District, is located in the historic Old Post Office building in downtown St. Louis. The address is One Post Office Square, 815 Olive Street, Room 304, St. Louis, Missouri 63101.[10]
Western District (Kansas City)
The Missouri Court of Appeals, Western District is located in its own courthouse in downtown Kansas City. The courthouse—built in 1982—is the state's only intermediate appellate courthouse.[11] The address is 1300 Oak Street, Kansas City, Missouri 64106-2970.[12]
Southern District (Springfield)
The Missouri Court of Appeals, Southern District, is located in the Hammons Building in Springfield, Missouri.[13] The address is 300 Hammons Parkway, Springfield, Missouri 65806.[14]
References
- ^ a b "Missouri Court of Appeals". www.courts.mo.gov.
- ^ a b c "Supreme Court of Missouri". www.courts.mo.gov.
- ^ "Opinions". www.courts.mo.gov.
- ^ "Court of Appeals Judges". www.courts.mo.gov.
- ^ http://legacy.ksdk.com/story/news/politics/2015/06/03/judge-james-dowd/28431887/
- ^ http://www.courts.mo.gov/page.jsp?id=630
- ^ "Meet Your Judges". www.courts.mo.gov.
- ^ "Meet Your Judges". www.courts.mo.gov.
- ^ "Meet Your Judges". www.courts.mo.gov.
- ^ "Eastern District". www.courts.mo.gov.
- ^ "Western District". www.courts.mo.gov.
- ^ "Clerk's Office & Filing Information". www.courts.mo.gov.
- ^ "Southern District". www.courts.mo.gov.
- ^ "Clerk's Office & Filing Information". www.courts.mo.gov.
External links
State intermediate appellate courts in the United States | ||
|---|---|---|
|  | |
Delaware, the District of Columbia, Maine, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, Vermont, and Wyoming do not have intermediate appellate courts. | ||