Commission enforces conduct rules for Missouri judges

The public’s interest is well founded, but judges seem to be doing fine, according to a national survey last year that found that 64 percent of

Americans trust the U.S. Supreme Court to operate in the best interests of the American people.

Likewise, a recent Missouri survey found that 68 percent of the state’s citizens trust the judges of the Missouri Supreme Court to make decisions based on the law rather than on their personal preferences.

Despite these impressive numbers, to prevent attacks against judges and the judicial system, we must address this question: What are the mechanisms for ensuring that Missouri judges are ethical, fair, impartial and prompt in their rulings? In other words, who judges the judges?

Judicial code of conduct

In addition to being bound by the lawyers’ code of professional responsibility, all Missouri judges are subject to rules that constitute the code of judicial conduct. These rules are intended to ensure that judges will act fairly, impartially and promptly in deciding cases. The judicial code of conduct governs the conduct of judges on the bench and restricts off-the-bench activities that might call the judge’s fairness into question. For example, these rules prohibit conflicts of interest, and they prohibit a judge from communicating with one party to a case without the presence or consent of the other parties. These rules ensure that judges adhere to high ethical standards and avoid even “the appearance of impropriety.”

Commission oversight

The code of judicial conduct is enforced by the Commission on Retirement, Removal and Discipline, established by a 1972 amendment to the state’s constitution. The commission has six members: two nonlawyers appointed by the governor; two lawyers appointed by the board of governors of The Missouri Bar; and two judges – one circuit judge and one appellate judge – elected by their respective peers in the state.

If a citizen has an ethical complaint about a judge, that complaint is sent to the commission. If the resulting investigation of that complaint reveals a potential violation of the code of judicial conduct, the commission may decide to pursue discipline against the judge, including asking that the judge be removed from the bench or be suspended for a time, reprimanded or otherwise disciplined.

The commission handles most such complaints against judges on an informal basis. Some have resulted in a judge resigning from office rather than facing the judicial disciplinary process. If an appropriate resolution may not be obtained through informal means, however, the commission conducts a formal hearing and recommends discipline to the Supreme Court. The Supreme Court reviews the evidence and any objections by the judge before it decides whether to adopt the commission’s recommendation.

Complaints against a judge may be filed at www.courts.mo.gov. For individuals who do not have access to the Internet, complaints should be sent to the Commission on Retirement, Removal and Discipline at 2190 S. Mason Road, St. Louis, MO 63131.

Impeachment

In very unusual cases, where a judge’s misconduct has risen to the level of an impeachable offense, the House of Representatives may impeach the judge, whose trial then will be held in the Supreme Court. If the impeached judge is a member of the Supreme Court, the judge will be tried by a special panel of seven “eminent jurists” elected by the state Senate.

Prior to the creation of the commission, an impeachment trial was the only means by which a judge could be removed from office.

Since the Civil War era, however, the House has impeached only two Missouri judges. While the impeachment mechanism is still available, the commission serves as a more efficient method of ensuring judges adhere to the code of conduct and remain subject to disciplinary review – even for ethical lapses that may not rise to the level of impeachable offenses.

Seeking disqualification

If litigants would prefer another judge to hear their cases, the courts provide the option to disqualify a judge, even if the litigants don’t think that judge is unethical. In Missouri, a litigant may request a change of judge without providing a reason. If the request is filed on time, the judge will be replaced, no questions asked. Each side in a lawsuit can exercise this right only once. Litigants in most state and federal courts do not have the right to a change of judge on request.

If a litigant wants a change of judge in those states or in federal courts, the litigant must show that the judge is biased. And, in most instances, the judge accused of bias is the one who decides whether the judge in fact is biased.

By any account, there are at least three or four ways by which Missouri judges’ behavior is governed, not the least of which is that our judges face the voters periodically. And, if one believes the surveys showing vast confidence in judges, the judicial ethical system seems to be working.

Michael A. Wolff is the chief justice of the Missouri Supreme Court. Information about the state’s courts system is available at www.courts.mo.gov.