The Need for Judicial Experience in Missouri: Why Judges Should Have Years of Legal Practice Before Taking the Bench
The role of a judge is one of immense responsibility and impact. Judges are entrusted with interpreting laws, resolving disputes, and upholding justice in a fair and impartial manner. Their decisions can shape legal precedents, influence societal norms, and significantly affect the lives of individuals. Given the complexity and gravity of these tasks, the necessity for judges to have substantial experience in legal practice before ascending to the bench cannot be overstated. While many Americans may presume each judge had a thriving private practice before entering the bench, that is not often true. According to statistics published by Learn.org, as of 2020, 47% of judges and hearing officers worked for state governments before taking the bench. As a result, approximately one-half of all judges may have lacked the experience of running their own practice, balancing a budget, hiring and firing employees, and generally assuming the role of business owner, prior to becoming a judge.
1. Complexity of Legal Issues
The modern legal system deals with increasingly complex cases that span multiple areas of law, including criminal, civil, constitutional, and commercial law. A judge must have a deep understanding of these legal doctrines and the practical knowledge to apply them effectively. Without years of experience practicing law, judges may struggle to grasp the intricacies of these multifaceted issues.
Experienced lawyers have dealt with real-world legal challenges, negotiated settlements, argued in courtrooms, and advised clients on the risks and rewards of litigation. They have honed their legal reasoning skills, learned how to manage conflicts, and developed an understanding of the consequences of legal decisions. These experiences are invaluable when interpreting the law from the bench.
2. Ensuring Impartiality and Ethical Standards
A seasoned legal career often exposes lawyers to different areas of practice and various perspectives, providing them with a balanced view of the legal system. This diverse experience is crucial to ensuring that judges remain impartial, as they must be able to evaluate cases fairly, without bias or prejudice.
Years of experience also instill in lawyers a strong sense of professional ethics, which is critical for judges. Judges are expected to exercise judicial discretion wisely, remain neutral in their judgments, and avoid conflicts of interest. Only through years of legal practice can individuals fully appreciate the ethical challenges they may face on the bench and learn how to navigate them.
3. Judicial Decision-Making and Discretion
Judges wield significant power through their ability to interpret statutes, set legal precedents, and issue rulings that can have far-reaching consequences. Their decisions often require not only an understanding of the law but also the ability to apply it equitably in a variety of contexts. For example, sentencing in criminal cases requires judges to balance legal guidelines with the unique circumstances of each case, ensuring that justice is served both for the accused and society at large.
Years of legal experience equip judges with the discretion needed to make nuanced decisions. Experienced attorneys have seen how legal rules can be applied in various contexts and understand the potential consequences of their application. They are better equipped to navigate the gray areas of the law, where black-and-white rules may not provide clear guidance.
4. Building Public Confidence in the Judiciary
The judiciary plays a vital role in maintaining the rule of law and upholding public trust in legal institutions. Judges who have a strong track record of legal experience before taking the bench are more likely to inspire confidence in their decisions. The public is more likely to trust judges who have demonstrated their competence and commitment to justice through years of practice.
Conversely, a lack of experience can undermine public trust in the judiciary. If a judge lacks the legal acumen or practical experience to make well-informed decisions, it can lead to errors in judgment, miscarriages of justice, or the perception that the legal system is flawed or biased. Ensuring that judges have the requisite experience is crucial to maintaining the legitimacy of the judicial system.
5. Mentoring Future Generations of Lawyers
Experienced judges also serve as mentors to young lawyers, shaping the future of the legal profession. A judge who has spent years practicing law brings not only knowledge and expertise to the bench but also the wisdom that comes from navigating the legal system. They can offer guidance, insight, and support to young attorneys who appear before them, helping to cultivate the next generation of legal professionals.
Furthermore, judges with deep legal experience are often in a better position to evaluate the arguments made by attorneys, as they understand the practical realities of litigation. They can provide more meaningful feedback to lawyers and better evaluate the merits of legal strategies.
6. Precedent from Other Jurisdictions
The requirement for judicial experience is not unique to any one country; many legal systems worldwide emphasize the importance of years of legal practice before judicial appointments. For example, in the United States, judges appointed to federal courts, including the U.S. Supreme Court, are often seasoned attorneys with decades of experience in private practice, public service, or academia. In the United Kingdom, candidates for the judiciary typically have at least seven years of legal experience before being considered for judicial roles. These practices underscore the global recognition that experience is essential for effective judicial service.
7. Missouri requirements to become judge
The Missouri Constitution at Article V, Section 21 sets forth the requirements to become a judge in Missouri. The criteria to become a Supreme Court Judge, Appellate Judge, Circuit Court Judge, Associate Circuit Court Judge, and a Municipal Judge all differ slightly. The Constitution reads as follows: “Judges of the supreme court and of the court of appeals shall have been citizens of the United States for at least fifteen years, and qualified voters of the state for nine years next preceding their selection. Such judges shall be at least thirty years of age. Except as provided by section 6, judges of the court of appeals shall be residents of the court of appeals district in which they serve. Circuit judges shall have been citizens of the United States for at least ten years, and qualified voters of this state three years next preceding their selection, and be not less than thirty years of age and residents of the circuit for at least one year. Associate circuit judges shall be qualified voters of this state and residents of the county, at least twenty-five years old, and have such other qualifications as may be provided by law. Every supreme, appellate, circuit, and associate circuit court judge shall be licensed to practice law in this state.”
In addition to meeting these requirements, you must also complete a New Municipal Judge Orientation if you are appointed or elected as a municipal judge. Glaringly absent from the governing document is any reference to how many years of practical experience is required to become judge.
Conclusion: Experience as a Prerequisite for Justice
In conclusion, judges must possess more than just a theoretical understanding of the law; they must have the practical, real-world experience that comes from years of legal practice. This experience ensures that judges can handle the complexity of modern legal cases, maintain impartiality and ethical standards, exercise judicial discretion wisely, and build public confidence in the judiciary.
As society continues to evolve and legal challenges become more complex, the need for experienced judges is more critical than ever. Ensuring that those appointed to the bench have a solid foundation of legal practice is essential to safeguarding the integrity of the judicial system and upholding the rule of law. Experience is not just a qualification for a judge — it is a prerequisite for justice. Missouri lawmakers and the general public should immediately address this prerequisite and require their judges have years of practice experience before taking the bench.
Todd Miller is a monthly contributor and regularly writes and speaks on various legal topics including estate planning, probate, and elder law. He formed the Law Office of Todd Miller, LLC, 1305 Southwest Blvd., Suite A, Jefferson City, Missouri in 2006. He has been recognized as 2016 Adviser of the Year by GolfInc; Golf Tax Consultant of the Year by Boardroom Magazine three times; and “10 Best” attorneys by the American Institute of Family Law Attorneys and “10 Best” attorneys by the American Institute of Criminal Law Attorneys. Mr. Miller earned his juris doctorate degree from the University of Missouri School of Law in 1999 and graduated with honors from Lincoln University in 1991. You may find him at www.toddmillerlaw.com (573) 634-2838 or on Facebook, LinkedIn, and Twitter.