Missouri judicial news

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News about or affecting the judiciary in Missouri.


Obama nominates magistrate to the Eastern District of Missouri

Missouri: President Obama nominated federal magistrate judge Audrey Fleissig to serve as a District Judge on the United States District Court for the Eastern District of Missouri. Fleissig has served the court as a magistrate since 2001. She has previously worked as a civil litigator in private practice and as U.S. attorney for the Eastern District of Missouri. [1]

  1. ↑ White House Press Release "President Obama Nominates Five to Serve on the United States District Court Bench", January 20, 2010



Gaertner appointed to the Missouri Court of Appeals

Missouri: Governor Jay Nixon has appointed Gary Gaertner Jr. to the Missouri Court of Appeals. Gaertner is filling the seat opened by Judge Booker T. Shaw when he retired. He was one of three candidates nominated by the Missouri Appellate Judicial Commission to fill the vacancy.

Nixon said of the appointment:

"Judge Gaertner has proven his judicial ability over the past nine years, sitting on the Circuit Court of the state's largest county and ably presiding over trials that were often complex, difficult and high-profile. He also brings several years' experience as a successful federal and state prosecutor to the appellate bench. I am confident Judge Gaertner will be an asset to the Eastern District Court of Appeals, and I am pleased to select him to serve on this Court."[1]

Gaertner graduated from Saint Louis University School of Law in 1990 with his law degree. He graduated from the Saint Louis University School of Business in 1987 with a degree in economics. Gaertner was an associate with the law firm of Bryan Cave until he joined the St. Louis Circuit Attorney's Office in 1992. He was with the Circuit Attorney's Office until 1995 as an assistant prosecutor. After that, Gaertner worked for the United States Department of Justice as an assistant U.S. attorney for the United States District Court for the Eastern District of Missouri. Gaertner entered the judiciary in July of 2000 when he joined the 21st Judicial Circuit for St. Louis County. He presided over the St. Louis County probate court from January 2008 until his elevation to the Missouri Court of Appeals in 2009. [1][2]

  1. ↑ 1.0 1.1 Nixon Press Release "Gov. Nixon appoints Circuit Judge Gary Gaertner to judgeship on Missouri Court of Appeals, Eastern District", November 2, 2009
  2. ↑ St. Louis Business Journal "Nixon names Gaertner to Court of Appeals", November 2, 2009

Missouri group files petition on referendum for restoring judicial elections

JEFFERSON CITY, Missouri: Better Courts for Missouri on Thursday filed an second initiative petition with the Missouri Secretary of State's Office. This time, it's a petition that would replace the Missouri Plan for selecting appellate judges with direct elections. If approved by the voters in November of 2010, Missouri would have direct elections for the Missouri Supreme Court and the Missouri Court of Appeals like its neighbors in Illinois[1].

The group opposed to the Missouri plan filed this second initiative as a previously filed initiative to change the process of the Missouri Plan is in the middle of a lawsuit over the legality of the measure[1].

In a statement in regards to direct elections, James Harris, the Director of Better Courts for Missouri, said: “Direct elections are the primary method of appointing judges in many other states, as well as at the local level in a majority of counties in Missouri. It’s not like this is a new, untested idea. While the group of ambulance chasers that dominates the current process will no doubt voice concern and try to obstruct this attempt to give the people a voice, their concern is based upon the realization that they will no longer be able to use the secrecy and lack of accountability under the current system to bend the court to their will. All along, our goals have been very simple: increasing transparency, increasing citizen control, and reducing the influence of the trial bar.” [1]

  1. ↑ 1.0 1.1 1.2 "St. Louis Post Dispatch" UPDATE: Anti-Missouri Plan group now seeks direct election of judges, October 7, 2009

Lawsuits filed against Missouri judicial selection ballot measure

JEFFERSON CITY, Missouri: Yesterday two lawsuits were filed in the Cole County Circuit Court against the Missouri Judicial Selection Amendment.[1] One lawsuit, filed by Jefferson City attorney Alex Bartlett, argues that the petition for the proposed constitutional amendment did not follow the laws governing the initiative process and should be thrown out.[2] Just last week Secretary of State Robin Carnahan approved the petitions for circulation.[3] The second lawsuit, filed by Jefferson City lawyer Heidi Doerhoff Vollet on behalf of former state Sen. Harold Caskey, argues that State Auditor Susan Montee did not offer an accurate fiscal note. The lawsuit would require for Montee to issue a new fiscal note and thus block circulation of the petitions until the legal battles are settled.[2]

  1. ↑ Associated Press,"2 lawsuits challenge proposed Mo. ballot measure on judicial selection," September 15, 2009
  2. ↑ 2.0 2.1 News Tribune,"2 lawsuits seek to block court-changing petitions," September 15, 2009
  3. ↑ St. Louis Post-Dispatch,"Ballot title approved for Missouri court plan repeal," September 8, 2009

New judge appointed to the Missouri Court of Appeals

Missouri: Governor Jay Nixon has appointed Karen Mitchell to the Missouri Court of Appeals. She is filling the vacancy left when Paul Spinden retired. She was one of three candidates for the post recommended to the Governor by the Missouri Appellate Judicial Commission. Mitchell was most recently the Director of the Missouri Department of Revenue, a post that she was also appointed to by Gov. Nixon.

"During her years as an attorney in public service, Karen King Mitchell has consistently delivered exemplary representation to the people of the state of Missouri before courts at the trial and appellate levels, as well as considerable administrative leadership and expertise," Gov. Nixon said. "She has demonstrated remarkable knowledge of the law in every respect, and I appoint her to the appellate bench with the utmost confidence that she will be an asset to the cause of justice and the citizens she serves." [1]

  1. ↑ Kansas City Info Zine "Gov. Nixon Appoints Judgeship on Missouri Court of Appeals, Western District" July 10, 2009

Missouri Supreme Court accused of violating Sunshine Law

Missouri: The Missouri Supreme Court has been accused by watchdog group Better Courts for Missouri of violating the state's Sunshine Law. The group made a public records request for the court's policies regarding the use of public computers, e-mail systems, office supplies, vehicles or time-off requests. They also requested all of the e-mails that Supreme Court employees sent from official and personal accounts so far this year.

Supreme Court Clerk Thomas Simon responded in writing to say that the Supreme Court was not bound by its laws to provide the information requested. "Simon said the information sought by the group was not covered by the court's rules defining what is available."

Executive Director of Better Courts for Missouri James Harris disagreed, saying: "Anyone who has a position of government trust and receives taxpayer funding should be held accountable. If we allow the court to have some silly loophole or reason to skirt the Missouri Sunshine law, every other politician or state bureaucrat will look for a reason to skirt it, too". [1]

  1. ↑ Columbia Missourian "Watchdog group accuses Missouri Supreme Court of violating Sunshine Law" April 22, 2009

Articles: Overview (click on link for complete article)

References
The Missouri Project on Judgepedia
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