State Courts in Missouri

Missouri has a three-tier court system:

A single trial court (commonly referred to as the circuit court)

An intermediate appellate court

A supreme court (See Mo. Const. Art. V.)

Circuit Court

Circuit court

Municipal division

Associate circuit division

Circuit court personnel

Appeals process

Circuit (Trial) Court. The trial court commonly referred to as the circuit court has several divisions staffed by circuit judges, associate circuit judges, probate judges, municipal judges and commissioners (juvenile, family and probate division). The presiding judge, elected by peers for a two-year term, is the chief administrative officer over all circuit divisions. All legal cases, except certain administrative proceedings and most cases involving "extraordinary" remedies, originate in the circuit court. It has general jurisdiction of all civil and criminal matters. There are three divisions in the circuit court:

A. Municipal division. This division handles municipal ordinance violations, such as traffic offenses and housing code violations.

1. Cases are initiated by the filing of an information by a municipal prosecutor, either on his own knowledge, information or belief or based on the verified complaint of some other person.

2. Municipalities may have these cases heard by an associate circuit judge of the county or may, at their own expense, provide a municipal judge or judges support personnel and suitable quarters for the municipal division. Most municipalities have their own municipal judges, support personnel and quarters in which these cases are heard. Cases are generally not heard by an associate circuit judge unless it is a trial de novo.

3. Municipalities of over 400,000 population are required by statute to have municipal division courts to hear ordinance violation cases.

4. Municipal judges must be lawyers, except in cities of less than 7,500 population in other than first-class counties. Non-lawyer judges must complete a course of instruction prescribed by the Supreme Court of Missouri.

B. Associate circuit division. Each associate circuit judge may hear and determine the following cases or classes of cases including any equitable issues and relief incident therein:

1. Criminal cases (Section 541.015, RSMo 2004.)

a. All misdemeanors and infractions (offenses punishable by fine and/or jail sentence) are heard and decided by the associate circuit judge. These cases are initiated by the filing of an information by the prosecuting or circuit attorney, either on his own knowledge, information or belief or based on the verified complaint of some other person.

b. Felony criminal cases (offenses punishable by a prison sentence and/or a fine) prior to the filing of the information, are commenced by the filing of a complaint verified by the prosecuting attorney or complainant. The associate circuit judge then conducts a preliminary hearing to determine whether there is probable cause to find that a felony has been committed and that the defendant committed it. If probable cause is found, the defendant is bound over for trial in the circuit court and the prosecuting attorney then files an information.

2. Civil cases (Sections 478.220 and 517.011, RSMo 2004.)

a. All cases; coextensive with Circuit Judges. (Section 478.220, RSMo 2004.)

b. Certain classes of cases must be filed before an associate circuit judge (unless otherwise assigned by the presiding judge or by local court rule), e.g.:

i. "Small Claims" cases (disputes where the amount in controversy does not exceed $3,000 exclusive of interest and costs) as provided in sections 482.300-.365, RSMo 2004. These are relatively informal procedures not requiring the representation of a party by a lawyer.

ii. Municipal ordinance violation cases of a municipality with a population of under 400,000 for which a municipal judge is not provided.

iii. Unlawful detainer and rent and possession cases. Chapters 534 and 535, RSMo.

3. Each associate circuit judge who serves as the judge of the probate division of the circuit court may hear and determine all cases and matters within the probate division of the circuit court in the county for which he sits in accordance with the rules of civil procedure, except where specific statutes govern procedure in the probate division.

C. Circuit Division. This Circuit Division handles all cases not specifically allocated to one of the other divisions (municipal, associate and probate).

1. These include:

a. All felony cases.

b. Misdemeanor cases initiated in this division.

c. Civil cases.

d. Equity cases, such as domestic relations and injunctions.

e. Extraordinary remedy cases.

f. Traffic offenses and matters involving juveniles (persons under 17 years of age).

2. In all counties and in the City of St. Louis there is a probate division.

a. Counties with a population of more than 400,000 may also have one commissioner of the probate court, appointed by the probate judge or the circuit judges. (Sections 478.265-.267, RSMo 2004.)

3. Family Court (Chapter 487, RSMo)

Any circuit can by local rule establish a family court. These courts handle legal issues such as dissolution of marriage, legal separation, child custody and modification actions, adoptions, abuse and neglect, and juvenile matters. In the following circuits, family courts have been established by statute: circuit seven (Clay County), circuit 13 (Callaway and Boone County), circuit 16 (Jackson County), circuit 21 (St. Louis County), circuit 22, (St. Louis City) and circuit 31 (Greene County).

4. Drug Court

These are treatment-based alternatives to prison, youth services facilities and detention centers, jails and standard probation models. Drug court policies are developed by each jurisdiction to meet the specific needs of the community. Most drug courts are pre-plea courts, meaning charges are deferred while the person is actively participating in the program.

D. Trials.

1. Jury trials. Jury trials are available in cases tried before circuit and associate circuit judges but not in cases tried before municipal judges in the municipal division.

a. If a jury trial is requested in a case in the municipal division, the case must be transferred to the presiding circuit judge for reassignment.

2. Juries consist of 12 persons except that six-person juries are permitted by agreement in cases tried before associate circuit judges.

3. The jury's function is to determine the facts of the case and apply those facts to the law of the case in arriving at a verdict.

4. Jury trials are not available in extraordinary remedy cases or in cases of an equitable nature. Examples of equitable cases are requests for injunctions and restraining orders and dissolution of marriage cases.

5. All proceedings before circuit judges must be recorded by a certified court reporter (as it is a "court of record").

6. If a jury trial is held before an associate circuit judge, the testimony must be recorded by a court reporter or by an electronic recording device.

7. Any case before an associate circuit judge in which the demand exceeds $5,000 must be recorded.

E. Circuit Court Personnel.

1. Circuit judges.

a. There are 45 judicial circuits in Missouri, established by statute (see Judicial Circuit map). The number of circuit judges in each circuit is set by the legislature; each circuit must have at least one circuit judge.

b. A circuit judge is elected as presiding judge in each circuit, by vote of the circuit and associate circuit judges in that circuit.

c. Circuit judges are elected by popular vote in most counties, but in certain metropolitan counties they are appointed under the nonpartisan court plan. They serve six-year terms.

2. Associate circuit judges.

a. Associate circuit judges are elected by popular vote in most counties, but in certain metropolitan counties they are appointed under the nonpartisan court plan. They serve four-year terms.

b. Every county must have at least one associate circuit judge. Some larger counties and the City of St. Louis have more than one, as provided by statute.

3. Judges of Municipal Divisions.

a. Judges of the Municipal Division are selected in the manner provided by municipal ordinance.

4. Commissioners.

a. Commissioners may be appointed to hear cases in the following circuit court divisions: probate, drug court and family court. Commissioners have the same powers and duties of judges, but their orders, judgments and decrees are confirmed or rejected by a judge.

b. Probate commissioners may be appointed by the judge of the probate division of the circuit court of any county that has a population of more than 400,000. (Section 478.265, RSMo 2004.)

c. Drug commissioners may be appointed by a majority of the judges in a judicial circuit having a drug court.

d. Family court commissioners may be appointed by a majority of the circuit and associate circuit judges in circuits having family courts. (Section 487.020, RSMo 2004.)

5. Clerks.

a. Circuit clerks are elected in every county to maintain the court's records, except that in St. Louis County and Jackson County the clerk's job is performed by a court administrator appointed by the circuit judges.

b. Most circuit clerks have at least one or two deputy clerks; in larger counties and the City of St. Louis, numerous deputy clerks are hired, including those who serve in courtrooms.

c. Clerks serving associate circuit judges are called "division clerks" and generally are hired by the associate circuit judge, though they are technically under the supervision of the circuit clerk.

d. Municipal clerks are selected in accordance with city ordinances.

F. Appeals Process

1. Appeals from cases heard by circuit judges go to the Court of Appeals unless they involve issues within the exclusive appellate jurisdiction of the Supreme Court.

2. Cases heard by associate circuit judges, other than probate matters, where no record is required, may be appealed to a circuit judge for a trial de novo which means an entirely new trial, as if the case is being tried for the first time. (Section 512.180.1, RSMo 2004.)

3. In all other contested cases where a record has been kept, an appeal may be had upon that record to the appropriate appellate court. (Section 512.180.2, RSMo 2004.)

4. Appeals from the probate division go to the Court of Appeals.

Cases tried in a municipal division or a municipal court may be appealed to the circuit court for a new trial (trial de novo), and after that trial may be appealed to the Court of Appeals.

Court of Appeals

The intermediate appeals court reviews the decisions made by the trial courts and certain administrative agencies and writes opinions that are published in the Southwestern Reporter (published by West Publishing Company, Minneapolis, Minnesota). The Missouri Court of Appeals has jurisdiction over all appeals other than those over which the Supreme Court has exclusive appellate jurisdiction.

A. There are three Districts of the Missouri Court of Appeals (see Court of Appeal Districts map):

1. Eastern District (Wainwright State Office Building, 111 N. 7th Street, St. Louis, Missouri, 63101), with 14 judges in St. Louis.

2. Western District (1300 Oak Street, Kansas City, Missouri 64106), with 11 judges in Kansas City.

3. Southern District (300 Hammons Parkway, Springfield, Missouri 65806), with 7 judges in Springfield (and periodic sessions in Poplar Bluff).

B. The Court of Appeals judges are appointed under the nonpartisan court plan. They serve 12-year terms, and if the voters approve may serve additional 12-year terms.

C. Procedures.

1. An appeal is initiated by the losing party's lawyer filing a notice of appeal with the clerk of the trial court; that notice is then transmitted to the clerk of the appropriate district of the Court of Appeals or the Supreme Court.

2. The record on appeal (a transcript and legal file of the proceedings in the lower court) is prepared and filed in the appellate court. This contains the testimony, pleadings, argument, instructions, judgment, motion for new trial, and other material necessary to present the issues for determination by the appellate court.

3. The lawyers for the parties then file written briefs presenting their legal arguments and may orally argue their cases. Some cases are decided without oral argument.

4. The districts of the Court of Appeals generally sit in three-judge divisions in order to enable each court to hear more cases.

D. Decisions of the Court of Appeals are final unless the Court of Appeals transfers the case to the Supreme Court or the Supreme Court orders transfer of the case.

1. Both civil and criminal cases may reach the Supreme Court from the Court of Appeals in any of the following ways:

a. A majority of the judges participating in a case in the Court of Appeals may order the case transferred to the Supreme Court after an opinion has been filed, because of the general interest or importance of a question involved in the case or for the purpose of re-examining existing law. (See Rule 83.02.)

b. A participating judge who dissents from a majority opinion of the Court of Appeals may certify the case to the Supreme Court if he considers the Court's opinion to be contrary to any previous decision of a Missouri appellate court. (See Rule 83.01.)

c. After an opinion is filed by the Court of Appeals, the Supreme Court may order the case transferred to it on application of a party for the reasons stated in above paragraph (a) or if the opinion filed is contrary to a previous decision of an appellate court of this state (see Rule 83.03). Further, the Supreme Court has the power to transfer a case even before an opinion is filed in the Court of Appeals. The transfer shall be for any of the reasons stated above in paragraph (a) or to equalize the workload of the appellate courts (see Rule 83.06).

2. If a case is transferred to the Supreme Court and is re-argued there, the Supreme Court decides the case as if it had not gone to the Court of Appeals (see Rule 83.09).

3. In some state criminal cases it is possible (though difficult) for a defendant to obtain another or further review of some issues in a case in the federal courts; this is accomplished by filing a habeas corpus action in the federal court and raising significant constitutional issues. (See 28 U.S.C. section 2254;)

E. Further review from the Supreme Court of Missouri is possible by petitioning for certiorari in the United States Supreme Court. The U.S. Supreme Court may or may not take the case under this petition; there is no absolute right of appeal to the U.S. Supreme Court. If it does not take and decide the case, the last state court decision becomes final.

F. Scope of review.

1. In jury-tried cases, the appellate court reviews both the law and the facts to see that the evidence supports the jury's verdict and that no reversible error has been committed on the law by the trial court. The appellate court does give deference to the jury's verdict.

2. In cases tried without a jury and in equitable cases, the appellate court must uphold the trial court's decree or judgment unless the appellate court finds that:

a. There is no substantial evidence to support it; or

b. It is against the weight of the evidence; or

c. It erroneously declares the law; or

d. It erroneously applies the law.

(Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976).

G. Court personnel.

Each district of the Court of Appeals has a clerk and deputy clerk, appointed by its judges.

Supreme Court of Missouri

The Supreme Court reviews decisions made by the trial courts and certain administrative agencies and writes opinions published in the Southwestern Reporter (also available on the Supreme Court of Missouri website). In addition, it resolves conflicts between opinions of the districts of the Court of Appeals.

A. There are seven judges of the Supreme Court. They are appointed under the nonpartisan court plan. They serve 12-year terms, and if the voters approve may serve additional 12-year terms.

1. The Supreme Court may sit en banc (all seven judges) or in divisions as the court may determine. Each division shall be composed of not less than three judges. A majority of a division shall constitute a quorum thereof, and all orders, judgments, and decrees of a division shall have the force and effect of those of the court. (See Mo. Const. Art. V, section 7.)

2. A case 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, or pursuant to Supreme Court Rule. (See Mo. Const. Art. V, section 9.)

B. The Supreme Court has exclusive appellate jurisdiction (meaning the cases must be appealed to it) in cases involving:

1. Validity of a treaty or statute of the United States or Missouri statute;

2. Construction of the state's revenue laws;

3. Title to a state office;

4. All criminal cases where the punishment imposed is death.

C. The Supreme Court has superintending and supervisory authority over all other courts in Missouri. The Chief Justice is the chief administrative officer of the judicial system and supervises the administration of the courts. The Chief Justice is elected by the other judges on the Supreme Court for a term of two years. The Court follows the practice of rotating the office of Chief Justice. When a judge finishes a term of Chief Justice, he remains on the Court unless he retires.

1. The Court exercises its supervisory powers through the office of the State Courts Administrator. That office performs many clerical and research tasks for the state judicial system.

2. The Court may, if it believes it necessary for the proper administration of justice, assign circuit and appellate court judges to sit on any court as a special judge. Retired judges may be specially assigned as senior judges.

3. Routine transfers of judges between circuits, numbering in the thousands each year, are handled on a case-by-case basis by the office of the State Courts Administrator.

D. Procedures in the Supreme Court are essentially the same as in the Court of Appeals.

E. The Supreme Court has rule-making power with respect to practice, procedure and pleading in all courts and administrative tribunals. Those rules may be annulled or amended by the General Assembly. (See Mo. Const. Art. V, section 5.) The rules adopted are published in Vernon's Annotated Missouri Rules (V.A.M.R., published by West Publishing Company, Minneapolis, Minnesota).

F. The Supreme Court serves as the trial court in impeachment cases involving state officers except in cases where the party is the Governor or a Supreme Court Judge. (See Chapter 160, RSMo 2004.)

Selection of State Court Judges

A. Election.

1. In most counties in the state, circuit judges and associate circuit judges are elected by popular vote. Vacancies during a term are filled by appointment by the Governor until the next general election. Those counties where circuit and associate circuit judges are not elected by popular vote, but instead, pursuant to Missouri's Constitutional nonpartisan court plan are: the 6th, Platte County; the 7th, Clay County; the 16th Circuit, Jackson County; the 21st Circuit, the City of St. Louis, which is legislatively treated as a county; and the 22nd Circuit, St. Louis County.

2. Municipal judges are selected in the manner provided by municipal ordinance or city charter. Municipal judges serving in Municipal Divisions of the Circuit Court in 45 circuits about Missouri are "optionally" selected in the manner provided by city ordinance or, as in Kansas City's case, by city charter provision. Kansas City presently has the only charter provision, constitutionally incorporated, establishing a "nonpartisan court plan" similar to the "Missouri Court Plan." Their judicial vacancies are filled by appointment jointly by the major and city council from a panel of three final candidates, selected by a five member bi-partisan (two party) nominating commission. Two of its commission members are appointed by the mayor, one each from the Republican and Democratic parties. The local bar association members elect by secret ballot additional commissioners, one each from the same parties. The presiding judge of the 16th Circuit Court (Jackson County) serves as the nominating commission chair to select three nominees for such joint appointment consideration by the mayor and city council.

B. Appointment.

1. The nonpartisan court plan provides the method of selecting all appellate court judges (both the Supreme Court of Missouri and the Court of Appeals), and the judges of the circuit court and associate circuit court in St. Louis City and Jackson, St. Louis, Clay and Platte counties.

2. Under this plan, nationally known as the "Missouri Plan," a special commission selects a panel of three lawyers from which the Governor selects and appoints the judge. At the first general election held after the judge has served at least one year, the judge runs for retention. The only issue submitted to the voters is whether the judge shall be retained; he or she does not have any opponent.

The Constitution provides that the question of adoption of the nonpartisan court plan may be submitted to a vote in other judicial circuits. Ten percent of the voters in each county in the circuit must sign petitions requesting a vote. It may also be voted out in the same manner, except in St. Louis City and Jackson County. (See Mo. Const. Art. V, section 25(b).)