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Missouri Constitution, Article V

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Missouri/Constitution

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Article V, Judicial Department

32 sections · 0 paragraphs in this article.

All articles384 Art. I36 Art. II1 Art. III73 Art. IV68 Art. V32 Art. VI64 Art. VII14 Art. VIII15 Art. IX15 Art. X40 Art. XI12 Art. XII11 Art. XIII3

32 provisions·Filtered byArt. V✕

Mo. Const. art. V, § 1 Judicial power—constitutional courts
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The judicial power of the state shall be vested in a supreme court, a court of appeals consisting of districts as prescribed by law, and circuit courts.
Mo. Const. art. V, § 2 Supreme court—controlling decisions—number of judges—sessions
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The supreme court shall be the highest court in the state. Its jurisdiction shall be coextensive with the state. Its decisions shall be controlling in all other courts. It shall be composed of seven judges, who shall hold their sessions in Jefferson City at times fixed by the cou…
Mo. Const. art. V, § 3 Jurisdiction of the supreme court
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The supreme court shall have exclusive appellate jurisdiction in all cases involving the validity of a treaty or statute of the United States, or of a statute or provision of the constitution of this state, the construction of the revenue laws of this state, the title to any stat…
Mo. Const. art. V, § 4 Superior courts to control inferior courts—courts administrator, salary—reapportionment commission, appointment
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art-I

Mo. Const. art. V, § 5 Rules of practice and procedure—duty of Supreme Court—power of legislature

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The supreme court may establish rules relating to practice, procedure and pleading for all courts and administrative tribunals, which shall have the force and effect of law. The rules shall not change substantive rights, or the law relating to evidence, the oral examination of wi…

Mo. Const. art. V, § 6 Assignment of judges—authority of Supreme Court—eligible judges

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The supreme court may make temporary transfers of judicial personnel from one court or district to another as the administration of justice requires, and may establish rules with respect thereto. Any judge shall be eligible to sit temporarily on any court upon assignment by the s…

Mo. Const. art. V, § 7 Supreme court and court of appeals may sit in divisions

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The supreme court may sit en banc or in divisions as the court may determine. Any district of the court of appeals may sit at such places within the district and in divisions as the judges of such district may determine. Each division of the supreme court or of the court of appea…

Mo. Const. art. V, § 8 Chief justice and chief judges, election, terms—authority of chief justice

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The judges of the supreme court shall elect from their number a chief justice to preside over the court en banc, and the judges of the court of appeals in each district shall elect from their number a chief judge of the district. The terms of the chief justice and chief judges sh…

Mo. Const. art. V, § 9 Transfer of causes to supreme court en banc

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A cause in the supreme court shall be transferred to the court en banc when the members of a division are equally divided in opinion, or when the division shall so order, or on application of the losing party when a member of the division dissents from the opinion therein, or pur…

Mo. Const. art. V, § 10 Transfer of cases from court of appeals to supreme court—scope of review

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Cases pending in the court of appeals shall be transferred to the supreme court when any participating judge dissents from the majority opinion and certifies that he deems said opinion to be contrary to any previous decision of the supreme court or of the court of appeals, or any…

Mo. Const. art. V, § 11 Want of jurisdiction, effect—transfers

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In all proceedings reviewable on appeal by the supreme court or the court of appeals, appeals shall go directly to the court or district having jurisdiction, but want of jurisdiction shall not be ground for dismissal, and the proceeding shall be transferred to the appellate court…

Mo. Const. art. V, § 12 Judicial opinions—filing and publication—memorandum decisions and orders

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The opinions of the supreme court and court of appeals and all divisions or districts of said courts shall be in writing and filed in the respective causes, and shall become a part of the records of the court, be available for publication, and shall be public records. The supreme…

Mo. Const. art. V, § 13 Court of Appeals, districts, judges

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The court of appeals shall be organized into separate districts, the number, not less than three, geographical boundaries, and territorial jurisdiction of which shall be prescribed by law. Each district of the court of appeals shall be composed of such number of judges, not less …

Mo. Const. art. V, § 14 Circuit courts—jurisdiction—sessions

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Mo. Const. art. V, § 15 Judicial circuits—establishment and changes—general terms and divisions—judges—presiding judge—court personnel

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Mo. Const. art. V, § 16 Associate circuit judges, selection

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Each county shall have such number of associate circuit judges as provided by law. There shall be at least one resident associate circuit judge in each county. Associate circuit judges shall be selected or elected in each county. In those circuits where the circuit judge is selec…

Mo. Const. art. V, § 17 Associate circuit judges, jurisdiction

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Associate circuit judges may hear and determine all cases, civil or criminal and all other matters as now provided by law for magistrate or probate judges and may be assigned such additional cases or classes of cases as may be provided by law. In probate matters the associate cir…

Mo. Const. art. V, § 18 Judicial review of action of administrative agencies—scope of review

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All final decisions, findings, rules and orders on any administrative officer or body existing under the constitution or by law, which are judicial or quasi-judicial and affect private rights, shall be subject to direct review by the courts as provided by law; and such review sha…

Mo. Const. art. V, § 19 Terms of judges

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Judges of the supreme court and of the court of appeals shall be selected for terms of twelve years, judges of the circuit courts for terms of six years, and associate circuit judges for terms of four years.

Mo. Const. art. V, § 20 Salaries and compensation of judges—provision against other special compensation and practice of law—travel and other expenses

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All judges shall receive as salary the total amount of their present compensation until otherwise provided by law, but no judge's salary shall be diminished during his term of office. No judge shall receive any other or additional compensation for any public service. No supreme, …

Mo. Const. art. V, § 21 Judges—qualifications—age requirements—license to practice law

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Judges of the supreme court and of the court of appeals shall have been citizens of the United States for at least fifteen years, and qualified voters of the state for nine years next preceding their selection. Such judges shall be at least thirty years of age. Except as provided…

Mo. Const. art. V, § 22 Court of appeals clerks and personnel—salaries

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Each district of the court of appeals shall appoint a clerk of the court and other personnel to aid in the administration of the business of the court. Their salaries shall be within the limit of the legislative appropriation for that purpose.

Mo. Const. art. V, § 23 Municipal judges and court personnel—selection—terms—compensation—jurisdiction—appeals—role of associate circuit judges

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Each circuit may have such municipal judges as provided by law and the necessary non-judicial personnel assisting them. The selection, tenure and compensation of such judges and such personnel shall be as provided by law, or in cities having a charter form of government as provid…

Mo. Const. art. V, § 24 Retirement, removal and discipline of judges, commission on—composition, terms, duties, procedures, reimbursement of expenses—additional duties prohibited

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Mo. Const. art. V, § 25(f) Prohibition of political activity by judges

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No judge of any court in this state, appointed to or retained in office in the manner prescribed in sections 25(a)-(g), shall directly or indirectly make any contribution to or hold any office in a political party or organization, or take part in any political campaign.

Mo. Const. art. V, § 25(g) Self-enforceability

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All of the provisions of sections 25(a)-(g) shall be self-enforcing except those as to which action by the general assembly may be required.

Mo. Const. art. V, § 25(a) Nonpartisan selection of judges—courts subject to plan—appointments to fill vacancies

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Whenever a vacancy shall occur in the office of judge of any of the following courts of this state, to wit: The supreme court, the court of appeals, or in the office of circuit or associate circuit judge within the city of St. Louis and Jackson County, the governor shall fill suc…

Mo. Const. art. V, § 25(b) Adoption of plan in other circuits—petitions and elections—form of petition ballots

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At any general election the qualified voters of any judicial circuit outside of the city of St. Louis and Jackson County, may by a majority of those voting on the question elect to have the circuit and associate circuit judges appointed by the governor in the manner provided for …

Mo. Const. art. V, § 25(d) Nonpartisan judicial commissions—number, qualifications, selection and terms of members—majority rule—reimbursement of expenses—rules of supreme court

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Nonpartisan judicial commissions whose duty it shall be to nominate and submit to the governor names of persons for appointment as provided by sections 25(a)-(g) are hereby established and shall be organized on the following basis: For vacancies in the office of judge of the supr…

Mo. Const. art. V, § 25(e) Payment of expenses

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All expenses incurred in administering sections 25(a)-(g), when approved by the supreme court, shall be paid out of the state treasury. The supreme court shall certify such expense to the commissioner of administration, who shall draw his warrant therefor payable out of funds not…

Mo. Const. art. V, § 26 Retirement—assignment as senior judge or commissioner

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Mo. Const. art. V, § 27 Effective date and transition provisions

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Except as otherwise provided in this article, the effective date of this article shall be January 2, 1979.