2017 State of the Judiciary

Contact: Beth S. Riggert
Communications Counsel
Supreme Court of Missouri
(573) 751-3676

Available online at this link.

24 January 2017


Missouri’s chief justice delivers 2017 State of the Judiciary address

Patricia Breckenridge, chief justice of the Supreme Court of Missouri,
delivered the following State of the Judiciary address Tuesday morning,
                            January 24, 2017,
during a joint session of the Missouri General Assembly in Jefferson City,Mo.


Lieutenant Governor Parson, Speaker Richardson and members of the House,
President Pro Tem Richard and members of the Senate, Governor Greitens and
other statewide officers. I am proud to be here today as the voice of the
judicial branch.

I am so grateful to have served in the judiciary since my appointment to
the trial bench by Governor Kit Bond, to the court of appeals by Governor
John Ashcroft, and to the Supreme Court by Governor Matt Blunt. It has been
my privilege to serve with judges appointed by both Republican and
Democratic governors and to work to decide cases according to the law.

Before I begin, I would like to introduce my husband, Bryan. For 40 years,
he has loved and supported me and kept me grounded. Thank you for being
here with me this morning.

Earlier this month, I swore in Governor Greitens and other statewide
officials. Not all chief justices get to participate in this democratic
transition of power, and it was such an honor. For me, it served as a
reminder of how alike we are. We share a commitment to work separately and
together to make the great state of Missouri even greater. Some, however,
focused on how we are different. One tweet questioned the legitimacy of the
oaths because of those differences. Apparently, I – correctly – said
“MissourAH,” while you said, “MissourEE.”


Our different pronunciations reflect the rich diversity of our state – we
come from cities, towns and rural areas to work in Jefferson City. You
represent literally every nook and cranny of Missouri. We on the Supreme
Court are also geographically diverse. I am from Nevada, in the southwest
corner of the state. Judge Zel Fischer grew up in Watson, as far north and
west as you can get and still be in Missouri (rumor has it, you can see
Nebraska from there). Judge Paul Wilson is from right here in Jefferson
City. Judge George Draper is from St. Louis, and while Judge Laura Stith
grew up in St. Louis, she has lived in Kansas City for more than 35 years.
And Judge Mary Russell is from Hannibal.

This is my fourth and, I am relieved to say, last big speech to deliver as
chief justice. But I welcome the chance to talk about my favorite subject –
the courts, often called the “least understood” branch of government.

Our 3,400 employees serve in your courts and, every year, are asked to do
more with less. I encourage you to visit a local courthouse and meet these
dedicated professionals who embrace their responsibility to treat every
person fairly and equitably and to resolve disputes according to the law.

Our state employees are the lowest paid in the nation. Despite this, they
are hardworking, dedicated, and deserving of our respect. I know budget
times are tight, but we must find a way to pay them 21st century wages for
21st century work. Please join me in recognizing our state employees who
serve in all branches of our government.

In the last fiscal year, more than 1.8 million cases were filed in Missouri
courts – of these, 60 percent involved municipal ordinance violations. In
our circuit courts, the largest number of cases involve the prosecution of
state crimes. Seventeen percent of our cases are civil – primarily small
claims, domestic relations, landlord tenant matters and disputes of less
than $25,000. About 5 percent of civil cases – and fewer than 1 percent of
all cases – involve tort claims like wrongful death or personal injury.

I understand Governor Greitens and some of you in the General Assembly have
called for changes in the law governing certain types of cases. Do not view
these calls for action as a condemnation of our judicial system.

Our citizens can be proud of our courts, where they go to resolve their
disputes peaceably and where their constitutional rights are protected. Day
in and day out, in the courtrooms in your communities, hundreds of
thousands of cases are adjudicated without fanfare. We, more than anyone,
want our courts to live up to their responsibilities to properly administer
justice.

So when serious problems in some St. Louis County municipal divisions came
to light, we owned those problems. Though the vast majority of our 625
municipal divisions function well, the challenge of problem municipal
divisions in St. Louis County and elsewhere in the state became an
opportunity to make all of our municipal divisions better.

From within the judicial system, judges, prosecutors, defense attorneys,
and clerks rolled up their sleeves and crafted solutions that would work.
We are grateful for this leadership. Their yeoman’s work turned
recommendations for reforms into tangible change. Changes came when our
Court imposed mandatory standards – effective upon their adoption in
September – detailing how municipal divisions must operate under the law.
The standards are extensive. We also put in place a code of conduct for all
municipal division personnel and defined what constitutes a conflict of
interest for judges who choose to wear multiple hats.

While some say the standards don’t go far enough, others say they have gone
too far. Some municipalities are finding it difficult to do what they
should have been doing all along. But my years on the trial bench taught me
if both sides are not totally satisfied, perhaps we got it right.

We and the state court administrator’s office have also worked with a
number of municipalities to consolidate their court operations, including
13 in St. Louis County. Consolidation results in reduced costs, which we
hope will disincentivize municipalities from using courts as revenue
generators. Many have worked hard to accomplish consolidation, particularly
in St. Ann and Normandy. Unfortunately, the cost savings may not be fully
realized for some, due to a law that caps the number of municipalities a
judge may serve.

Additionally, Missouri’s constitution places responsibility on the
presiding judge of each circuit to supervise the municipal divisions. So,
last month, the Supreme Court adopted protocols to guide presiding judges
and make their authority clear. We recognize supervision poses a special
challenge in St. Louis County and, in an effort to assist, the Supreme
Court is providing municipal division monitors.

Municipal divisions are not alone in the spotlight. Others leveled
criticisms at our juvenile divisions, including their very structure.
Missouri has never been afraid to lead, and this state decided long ago our
juvenile system should be different from other states. Our juvenile
proceedings are designed to be non-adversarial, and all parties are
required to act in the best interest of the child.

Nonetheless, we thoughtfully considered the criticisms and responded by
enacting reforms that make all of our juvenile divisions better. In doing
so, the judiciary worked with leaders from around the state to develop
standards for juvenile officers. These standards, adopted in December,
create uniform practices and procedures; establish a code of conduct; and
outline best practices that promote better outcomes for Missouri’s
children.

Our next goal is to improve pretrial incarceration practices. Incarcerating
persons simply because they are too poor to post bond needs to be examined
in both municipal and criminal cases. Under our Missouri Constitution, an
individual may be incarcerated before trial only when charged with a
capital offense; when a danger to a crime victim, a witness, or the
community; or a flight risk. All other persons are entitled to reasonable
conditions of release prior to trial, based on the particular circumstances
of their cases.

Our cities and counties incur costs for pretrial incarcerations of people
who simply are poor. There are individual and societal consequences from
these unwarranted pretrial incarcerations. The consequences impact the
defendants, their families and, ultimately, the state. Defendants lose not
only their freedom but also their ability to earn a living and to provide
for loved ones. Children may even come into state custody, because
incarcerated parents are not home to care for them. And – after only three
days in jail – the likelihood that an individual will commit future crimes
also increases.

A Supreme Court task force will examine how other states and cities have
addressed the problem of unwarranted pretrial incarceration and recommend
changes to our practices. We look forward to sharing what we learn with you
and working together to enact common-sense reforms.

We also will be sharing with you the work of the Supreme Court’s committee
on treatment courts. The committee is completing a strategic plan that can
be a roadmap to improving both the quality of and access to treatment
courts in Missouri. Our branches of government have long worked together
because treatment courts are a proven, cost-effective way to change the
lives of persons charged with crimes due to addiction or mental health
disorders. Missouri is a national leader in developing quality treatment
courts; however, we have not realized their full potential to reduce
recidivism, produce productive citizens, reunify families, and address the
needs of our veterans. Your continued support will be essential if we ever
are to realize the full potential of treatment courts.

Technology also remains a top priority as we strive to make courts as
accessible as possible to our citizens. As Governor Greitens noted last
week, we need a modern government that allows people to do more online
instead of making them wait in line. We share that goal.

We are thankful for the expertise of our 21st century workforce, which has
been invaluable in improving and modernizing our computer systems. Our
judges and staff are collaborating in the development of software that puts
more information at a judge’s fingertips and will allow potential jurors to
get information about their service from their smartphones. We are also
developing a traffic and ordinance case management system to increase the
efficiency of municipal divisions in managing and disposing of cases,
assessing authorized costs, and processing payments. The system will
ultimately reduce the number of litigants who must come to court because
they will have increased access to the courts from their mobile devices.

We are grateful the legislature recognized the need to automate our courts
back in 1994 and has partnered with and supported us in accomplishing that
goal. The work has been overseen by the Missouri Court Automation
Committee, on which Senators Bob Dixon and Scott Sifton – along with
Representatives Robert Cornejo and Joe Don McGaugh – work with the judicial
and the executive branches.

In 2016, Missouri completed its statewide electronic filing system. We are
the first state to have e-filing in all courts of record. We also finished
implementing “Pay by Web,” which allows Missourians to pay fees and costs
online. And “Track this Case” lets the public receive e-mail notices of
activity in pending cases. Who here doesn’t know about Case.net, which
provides information about more than 20 million cases statewide and
receives an average of 5 million hits every workday.

While Case.net lets you know that documents have been filed in court, you
cannot access those documents without going to a courthouse and using a
public computer terminal. The Missouri Court Automation Committee has
recommended the judiciary allow remote access, but expansion of public
access to case records can be done only if the security and reliability of
the courts’ essential operations can be guaranteed. And such expansion of
the system will require more resources than currently available. To defray
the expenses of expansion and maintenance, the courts and legislature may
need to consider means such as subscription fees or pay-per-view charges
like those assessed by federal courts.

Equally of concern is the question of exactly what should be available
online. Missouri statutes govern which case documents are public. But many
of these statutes were enacted before – sometimes long before – the modern
computer age. So it is safe to say statutes making certain case documents
“public” meant available at the clerk’s office, and in paper form, not
available instantly to anyone anywhere in the world.

Certainly, a strong presumption of openness is a bedrock of our legal
system. But – given the unique concerns arising from online access – the
Court wants to be sure the legislature has the opportunity to reexamine
statutes governing public case documents to determine if they are the will
of this body and the people you  represent. We are willing to advise and
assist in any way we can.

As we move forward with innovations and improvements, we do so with two
significant changes in leadership.

In late November, our colleague Judge Richard Teitelman passed away. Simply
known as Judge Rick to many, he was the first person of Jewish faith and
the first legally blind person to serve as a judge of our state’s high
court. He believed in the goodness of humanity and was a steadfast champion
of equal justice. While we may not have always agreed in our legal
opinions, we knew no friend more loyal or caring, and we miss him.

And so the process to fill his vacancy has begun. As provided by our state
constitution, any licensed Missouri attorney who meets the age and
residency requirements may apply until February 3rd. If you know of
qualified individuals you believe would be an asset to our Court, please
nominate and encourage them to apply. Interviews will be held at the end of
February at the Supreme Court and are open to the public. The Appellate
Judicial Commission will select three well-qualified nominees for the
governor’s consideration. The constitution gives Governor Greitens 60 days
to conduct his own review and select the new judge. We look forward to this
appointment.

We also begin the year with a new leader at the Supreme Court. Bill
Thompson, who expertly guided us as counsel and clerk for more than 38
years, retired in December. He was succeeded by the first woman ever to
hold the position of clerk – Betsy AuBuchon. Many of you may know Betsy
from her days in the capitol. She has earned our respect and trust, and we
are confident she will be an exceptional leader for Missouri’s judicial
system. We know these two additions to the judiciary will help us continue
to make our courts better for Missouri’s citizens.

Speaker Richardson, you commented in your address on the first day of the
session that we must ensure our court system is fair to all litigants. We
agree … and are so very grateful our courts are staffed by dedicated and
talented people who share that belief and properly handle cases of all
types. Missouri has a judicial system of which we can be proud. We
constantly strive to better serve our citizens and, as we look to the
future, I have no doubt we will continue to do so.

Thank you for your support of the judicial branch. I wish you all the best
in your service to the people of Missouri.