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Missouri Court of Appeals: Difference between revisions

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| Judge Kelly C. Broniec
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Revision as of 21:19, 29 June 2021

Missouri Court of Appeals is located in Missouri
St. Louis (Eastern)
St. Louis (Eastern)
Kansas City (Western)
Kansas City (Western)
Springfield (Southern)
Springfield (Southern)
Court locations

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]

The Eastern District, in green, is based in St. Louis. The Western District, in blue, is based in Kansas City. The Southern District, in red, is based in Springfield.

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 Michael E. Gardner 2020 Mike Parson (R) 2022
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

  1. ^ a b "Missouri Court of Appeals". www.courts.mo.gov.
  2. ^ a b c "Supreme Court of Missouri". www.courts.mo.gov.
  3. ^ "Opinions". www.courts.mo.gov.
  4. ^ "Court of Appeals Judges". www.courts.mo.gov.
  5. ^ http://legacy.ksdk.com/story/news/politics/2015/06/03/judge-james-dowd/28431887/
  6. ^ http://www.courts.mo.gov/page.jsp?id=630
  7. ^ "Meet Your Judges". www.courts.mo.gov.
  8. ^ "Meet Your Judges". www.courts.mo.gov.
  9. ^ "Meet Your Judges". www.courts.mo.gov.
  10. ^ "Eastern District". www.courts.mo.gov.
  11. ^ "Western District". www.courts.mo.gov.
  12. ^ "Clerk's Office & Filing Information". www.courts.mo.gov.
  13. ^ "Southern District". www.courts.mo.gov.
  14. ^ "Clerk's Office & Filing Information". www.courts.mo.gov.