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Missouri Supreme Court justice vacancy (October 2023)
| Missouri Supreme Court |
|---|
 |
| Breckenridge vacancy |
| Date: October 13, 2023 |
| Status: Seat filled |
| Nomination |
| Nominee: Ginger Gooch |
| Date: October 30, 2023 |
Missouri governor Mike Parson appointed Ginger Gooch to the Missouri Supreme Court on October 30, 2023. She was sworn in two days later, on November 1, 2023.
Gooch replaced Justice Patricia Breckenridge, who retired on October 13, 2023, after reaching the state's mandatory retirement age of 70. Breckenridge's replacement was Governor Mike Parson's (R) third nominee to the seven-member supreme court.[1][2]
At the time of the vacancy, Missouri law required the governor to appoint a new judge from a list of candidates compiled by the Missouri Appellate Judicial Commission. Newly appointed judges were required to stand for retention in the next general election occurring one to three years after taking office.
Ballotpedia has compiled the following resources on the process to fill the Missouri Supreme Court vacancy:
- An overview of the appointee.
- A list of finalists recommended to the governor.
- A list of candidates who applied to the vacancy.
- An overview of the selection process.
- An overview of the court following the vacancy.
- An overview of the justice who left office.
- A list of other state supreme court appointments in 2023.
Full term
2024
See also: Missouri Supreme Court elections, 2024
Missouri Supreme Court, Ginger Gooch's seat
Ginger Gooch was retained to the Missouri Supreme Court on November 5, 2024 with 62.2% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
62.2
|
1,606,477 | ||
No |
37.8
|
974,374 | |||
Total Votes |
2,580,851 | ||||
|
|
Endorsements
Ballotpedia did not identify endorsements for Gooch in this election.
Partial term
The appointee
- See also: Ginger Gooch
On October 30, 2023, Governor Mike Parson (R) appointed Ginger Gooch to fill the state supreme court vacancy left by Justice Breckenridge. Per Missouri law, Gooch must be sworn into office within 30 days of her nomination, serve for at least one year on the court, at which point she will stand for retention during the next regularly scheduled election. Gooch will have the opportunity to stand for retention in 2026.
Appointee candidates and nominations
Finalists
On October 24, 2023, the Missouri Appellate Judicial Commission announced their three finalists for the nomination to fill the vacancy on the Missouri Supreme Court. Governor Mike Parson may appoint one of the three finalists to fill the vacant position. If he chooses not to appoint a finalist within 60 days, the power to appoint returns to the committee. The finalists are:[3]
- Appellate Court Judge Michael E. Gardner
- Appellate Court Judge Ginger K. Gooch
- Appellate Court Judge John P. Torbitzky
Applicants
On October 11, 2023, the Missouri Appellate Judicial Commission released the list of 22 applicants to fill the Breckenridge vacancy. The list included, listed in alphabetical order by last name:[4]
- Associate Circuit Court Judge Megan B. Benton
- Appellate Court Judge Becky J.W. Borthwick
- Circuit Court Judge R. Craig Carter
- Circuit Court Judge Sarah A. Castle
- Appellate Court Judge Thomas C. Clark II
- Attorney Stephen S. Davis
- Appellate Court Judge Michael E. Gardner
- Circuit Court Judge Kenneth R. Garrett III
- Appellate Court Judge Ginger K. Gooch
- Appellate Court Judge Jack A.L. Goodman
- Appellate Court Judge Jennifer R. Growcock
- Attorney Joseph B. Kloecker
- Circuit Court Judge Christopher K. Limbaugh
- Missouri State Senate Majority Caucus Whip Tony Luetkemeyer
- Attorney Shaun J. Mackelprang
- Attorney Jeffery T. McPherson
- Attorney David E. Roland
- Appellate Court Judge Cristian M. Stevens
- Appellate Court Judge John P. Torbitzky
- Former Circuit Court Judge David T. Tunnell
- Circuit Court Judge Stanley J. Wallach
- Attorney Grant W. Wobig
The selection process
- See also: Judicial selection in Missouri
The seven justices of the Missouri Supreme Court are chosen through assisted appointment in which the governor selects a nominee from a list provided by a nominating commission. When a vacancy occurs, a list of potential candidates is compiled by the Missouri Appellate Judicial Commission and narrowed to three choices. From those three candidates, the governor appoints a new judge. After the newly appointed judge serves for at least one year, they must stand for retention in the next general election. If retained, they serve twelve-year terms.[5]
Qualifications
To serve on the supreme court, a judge must be:
- a U.S. citizen for at least 15 years;
- a qualified state voter for at least nine years;
- licensed to practice law in the state;
- over the age of 30; and
- under the age of 70 (retirement at 70 is mandatory).[5]
Chief justice
The chief justice of the supreme court serves a two-year term and is elected by a peer vote.[5]
Vacancies
When a vacancy occurs, a list of potential candidates is compiled by the Missouri Appellate Judicial Commission and narrowed to three choices. From those three candidates, the governor appoints a new judge. After the newly appointed judge serves for at least one year, they must stand for retention in the next general election. If retained, they serve twelve-year terms.[5]
The map below highlights how vacancies are filled in state supreme courts across the country.
Missouri Appellate Judicial Commission
- See also: Missouri Appellate Judicial Commission
The Missouri Appellate Judicial Commission is the state agency in Missouri that assists with filling judicial vacancies in the state. The commission has six members selected by the state bar association and the governor, and a chairperson who is the chief justice of the Missouri Supreme Court.[6]
Makeup of the court
- See also: Missouri Supreme Court
Justices
Following Breckenridge's retirement, the Missouri Supreme Court included the following members.[7]
| ■ Zel Fischer | Appointed by Gov. Matt Blunt (R) in 2008 | |
| ■ Wesley Brent Powell | Appointed by Gov. Eric Greitens (R) in 2017 | |
| ■ Robin Ransom | Appointed by Gov. Mike Parson (R) 2021 | |
| ■ Mary Rhodes Russell | Appointed by Gov. Bob Holden (D) in 2004 | |
| ■ Paul C. Wilson | Appointed by Gov. Jay Nixon (D) in 2012 | |
| ■ Kelly C. Broniec | Appointed by Gov. Mike Parson (R) in 2023 |
About the court
Founded in 1820, the Missouri Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Wesley Brent Powell.[8]
As of November 2023, two judges on the court were appointed by a Democratic governor and five judges were appointed by a Republican governor.
The court meets in the Supreme Court Building in Jefferson City, Missouri.[9]
In Missouri, state supreme court justices are selected through assisted appointment with a hybrid judicial nominating commission. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
About Justice Breckenridge
- See also: Patricia Breckenridge
Justice Breckenridge joined the Missouri Supreme Court in 2007. She was appointed to the court by Governor Matt Blunt (R).
Breckenridge received her undergraduate degree in agricultural economics from the University of Missouri-Columbia in 1975 and her J.D. from the University of Missouri-Columbia School of Law.[10] Before becoming a judge, Breckenridge worked as an attorney in private practice.[11]
Other state supreme court appointments in 2023
- See also: State supreme court vacancies, 2023
The following table lists vacancies on state supreme courts that opened in 2023. Click the link under the Court column for a particular vacancy for more information on that vacancy.
Click here for vacancies that opened in 2022.
See also
External links
Footnotes
- ↑ St. Louis Post-Dispatch, "Two Missouri Supreme Court judges to retire," February 8, 2023
- ↑ St. Louis Post-Dispatch, "Parson set to make second appointment to Missouri Supreme Court," June 20, 2023
- ↑ Missouri Lawyers Media, "Gardner, Gooch and Torbitzky are finalists for Supreme Court," October 24, 2023
- ↑ Missouri Lawyers Media, "22 apply for Breckenridge vacancy on Supreme Court," October 11, 2023
- ↑ 5.0 5.1 5.2 5.3 National Center for State Courts, "Methods of Judicial Selection," accessed September 7, 2021
- ↑ Missouri Courts, "Appellate Judicial Commission," accessed November 30, 2021
- ↑ Note: Justice George Draper was also scheduled to retire in the fall of 2023.
- ↑ Your Missouri Courts, "Supreme Court," accessed January 29, 2015
- ↑ Missouri Courts, Visiting the Supreme Court," accessed September 8, 2021
- ↑ Project Vote Smart, "Judge Patricia Breckenridge (MO)," accessed August 6, 2021
- ↑ Your Missouri Courts, "Judge Patricia Breckenridge," accessed August 6, 2021
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Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: Eastern District of Missouri, Western District of Missouri • U.S. Bankruptcy Court: Eastern District of Missouri, Western District of Missouri
State courts:
Missouri Supreme Court • Missouri Court of Appeals • Missouri Circuit Courts • Missouri Municipal Courts
State resources:
Courts in Missouri • Missouri judicial elections • Judicial selection in Missouri
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