Be it resolved by the people of the state of Missouri that the Constitution be amended:
Section 25(a), 25(d) and 25(e) of Article V of the Constitution of Missouri are amended by modifying Section 25(a), 25(d) and 25(e). The existing 25(a), 25(d) and 25(e) are set forth hereinafter with the new matter underlined and deleted matter in brackets. [thus].
Section 25(a). 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 such vacancy by appointing one of five [three] persons possessing the qualifications for such office, who shall be nominated and whose names shall be submitted to the governor by a nonpartisan judicial commission established and organized as hereinafter provided. [If the governor fails to appoint any of the nominees within sixty days after the list of nominees is submitted, the nonpartisan judicial commission making the nomination shall appoint one of the nominees to fill the vacancy.]
The governor may veto the first list of nominees submitted to the governor by notifying the commission of his or her objection within sixty days after the first list of nominees is submitted to the governor. The commission shall thereafter submit a new list of nominees for the governor's consideration. If the governor fails to appoint any of the nominees from the second list within sixty days after the list of nominees is submitted then the lieutenant governor shall appoint one of the nominees on the second list to fill the vacancy. If the lieutenant governor fails to appoint any of the nominees from the second list within sixty days after the list of nominees is submitted then the nonpartisan judicial commission making the nomination shall appoint one of the nominees from the second list to fill the vacancy.
Section 25(d). 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 supreme court or of the court of appeals, there shall be one such commission, to be known as "The Appellate Judicial Commission"; for vacancies in the office of circuit judge or associate circuit judge of any circuit court subject to the provisions of sections 25(a)-(g) there shall be one such commission, to be known as "The ...... Circuit Judicial Commission", for each judicial circuit which shall be subject to the provisions of sections 25(a)-(g); the appellate judicial commission shall consist of seven members [a judge of the supreme court selected by the members of the supreme court, and the remaining members shall be] chosen in the following manner: The [members of the bar of this state residing in each court of appeals district shall elect one of their number to serve as a member of said commission, and the] governor shall appoint one citizen, [not] who is a member of the bar, from among the residents of each court of appeals district, to serve as a member of said commission. The governor shall also appoint four citizens, not members of the bar, to serve as members of said commission and the members of the commission shall select one of their number to serve as chairman.
Every appointment to the Appellate Judicial Commission shall be subject to the advice and consent of the majority of the senate who shall confirm or reject such appointment within sixty days of appointment by the governor.
Each circuit judicial commission shall consist of five members[, one of whom shall be the chief judge of the district of the court of appeals within which the judicial circuit of such commission, or the major portion of the population of said circuit is situated and the remaining four members shall be]chosen in the following manner:The governor shall appoint two members of the bar of this state residing in the judicial circuit of such commission [shall elect two of their number] to serve as members of said commission, and the governor shallalso appoint [two] three citizens, not members of the bar, from among the residents of said judicial circuit to serve as members of said commission, the members of the commission shall select one of their number to serve as chairman; and the terms of office of the members of such commission shall be [fixed by law, but no law shall increase or diminish the term of any member then in office.] four years expiring on January 15 of the fourth year, and each four year term shall begin at the expiration of the term immediately preceding it. No law or court rule shall increase, diminish or otherwise adjust the terms of any members. At the time of adoption of this section, current terms of members of all such commissions shall expire and new members shall be selected in accordance with this section.
Every appointment to a circuit judicial commission shall be subject to the advice and consent of the majority of the senate who shall confirm or reject such appointment within sixty days of appointment by the governor.
No member of any such commission [other than a judge] shall hold any public office, and no member shall hold any official position in a political party. Every such commission may act only by the concurrence of a majority of its members. The members of such commission shall receive no salary or other compensation for their services but they shall receive their necessary traveling and other expenses incurred while actually engaged in the discharge of their official duties.
All such commissions shall discharge their duties in accordance with the policy of promoting openness and public access. The list of applicants for any judicial vacancy shall be a public record and their names shall be posted on the supreme court's website. All information available to such commissions in their proceedings shall be made available to the governor. All hearings, debates and votes of the commission and of the senate, or committee designated thereby, shall be open to the public and the press and such meetings shall be on no less than 72 hours public notice. Every applicant nominated and whose names shall be submitted to the governor as provided in section 25(a) of this article shall be subject to a background check, including a criminal check, which shall not be a public record but shall be available to the commission, the governor and to the senate as confidential information. Sessions or communications not open to the public shall be limited to those areas relating to the interviews by the commission, internal deliberations of the commission concerning the final list of five qualified persons to be submitted to the governor, matters of national security or allegations (not convictions) of criminal or morally reprehensible behavior. All such commissions shall be administered, and the procedures for all elections provided for under this section shall be held and regulated, under such rules as the [supreme court shall promulgate] commission shall establish so long as such rules are in accordance with the provisions of this Article and not superseded by subsequently enacted legislation.
Section 25(e). All expenses incurred in administering sections 25(a)-(g), when approved by the [supreme court] commissioner of administration, shall be paid out of the state treasury. The commission [supreme court] shall certify such expense to the commissioner of administration, who shall draw his warrant therefor payable out of funds not otherwise appropriated.