Important Preface to Posts on this issue: When someone is facing serious criminal charges, it is not surprising they might want to do their own research and look for every possible tool to protect their future. And I never to jump to conclusion that a client who might do “independent” online research is might be a candidate for judicially ordered mental evaluation. My goal in taking clients seriously (including these posts) is to ensure that while it might be fine to consider all options, we must stay grounded in the realities of the Missouri judicial system.

When you are involved in a legal case, it is natural to want to ensure that the individuals presiding over your matter have the proper authority to do so. You may have encountered information online suggesting that if a judge doesn’t have a “private bond” or a “FARA” filing, they aren’t legitimate. While these claims sound technical, they are based on a misunderstanding of Missouri’s government structure.

Here is how Missouri law actually ensures a judge is qualified and authorized to hear your case:

Judicial Authority

In Missouri, the power of a judge comes from the Missouri Constitution (not as some might think looking online from a private contract or a “FARA” (Foreign Agents Registration Act) filing).

• Source of Power: Under Mo. Const. Art. V, § 1, the judicial power of the state is vested in a supreme court, a court of appeals, and circuit courts.
• Jurisdiction: Article V, § 14 grants circuit courts “original jurisdiction over all cases and matters, civil and criminal..” This authority is absolute regardless of whether a defendant “consents” to the proceedings.
• Elections. Most county judges are elected by the people (including the 24th Circuit – which including St. Francois Couty).
  • This is unlike jurisdictions in which judges are appointed under the non-partisan selection plan including in St. Louis or Kansas City.
• Judges’ Terms. Judges of the supreme court and court of appeals serve 12 years; circuit judges serve 6 years; associate circuit judges serve 4 years. See Mo. Const. Art. V, § 19.

Juridical Commission.

• The Judicial Commission: When a judge is elected or appointed if there is vacancy or a new judgeship before an election, they receive a formal “Commission” signed by the Governor and the Secretary of State. This document is their official certificate of authority.
• The Oath of Office: Under § 476.280, RSMo, every judge must take an oath to support the U.S. and Missouri Constitutions within 30 days of receiving their commission. This oath is not a secret; a certificate of the oath is required by law to be endorsed directly onto the judge’s commission.

Rest Assured.

My clients can rest assured that all judges whom I practice before are real judges with real authority.

I have had clients who have asked to see a judge’s “commission.” I do not find this helpful. All judges whom I practice before are real judges and have commissions.

When I was in the U.S. Army I had a “commission” as an officer. My sergeants and soldiers never asked to see it, assuming correctly that officer’s above me ensured that junior officers had such a commission

Judicial Bonds

• The “Bond” and Liability: You may hear that a judge needs a “private bond” to be valid. In Missouri, state officials are not bonded through private insurance companies. Instead, they are covered by the State Legal Expense Fund (§ 105.711, RSMo). This fund is established by law to handle claims against state employees arising from their official duties.

Again, my clients can rest assured that all judges whom I practice before are real judges with real authority.

Please look over the other posts in this series to address some of concerns and debunk some of the information on the internet.

• Navigating Overwhelming Internet (Red Flag) Info about the Judicial System
• The Judge’s Authority, Credentials, Oath, and Commission (this post)
• The Risks to Reliance on Red Flag Information