Reflections of Missouri Chief Justice Mary R. Russell
As we prepare for the New Year, we reflect back on the year ending and make hopeful plans for the one just beginning. Perhaps you are like me and make resolutions I may (or may not) manage to keep in 2024. I also find myself reflecting on ways the courts, too, are finishing one chapter and preparing to begin a new one. I see this most vividly in the number of judges we have lost in the past few years, mostly to retirement and, sadly, a few to death. While some of the retiring judges are able to stay until the end of a calendar year, many more leave at varying times throughout the year, causing what has become a fairly constant ebb and flow of judicial experience in our courts.
People may not realize the Missouri Constitution imposes mandatory retirement on state judges. They must retire from judicial office by their 70th birthday or else lose their pension! A few may choose to offer their services as senior judges to help out from time to time. But many more simply retire, or move into private practice, dispute resolution or teaching positions.
A decade ago, social scientists warned us of an impending “silver tsunami” that would engulf us as Baby Boomers began retiring. They predicted, by the year 2030, those 65 or older would constitute about 13 percent of all Americans – and about 20 percent of Missourians. Back then, a full third of all Missouri judges were already eligible to retire.
As one judge leaves, of course, a new judge fills that position. Sometimes, the vacancy is filled by someone who has been serving as a judge on a lower court. Other times, the vacancy is filled by a lawyer with no prior judicial experience. And one vacancy on a higher court may trigger a series of vacancies on lower courts as judges are promoted into new roles.
During the past five years, such vacancies have impacted more than a third of all judges statewide! The change has been dramatic in some of our circuit courts –half the judges in Clay County, more than three-fourths of the judges in Greene County, and a quarter of the judges in St. Louis County all are new to their positions in the last year alone. The Supreme Court has not been immune to change – just since July, two of our seven judges left due to mandatory retirement, and their seats have been filled by two new judges.
We in the courts often describe ourselves as a sort of family. I have known many of the retiring judges for years, and I especially feel the absence of Judge George W. Draper III and Judge Patricia Breckenridge from our own Court. But retirements do not just bring a sense of personal loss – they also mean the sudden loss of invaluable experience – more than 380 years of combined judicial experience in just the last year! More than four decades of that belongs to Judge Robert L. Koffman, the soon-to-be-retired presiding judge of the 18th Judicial Circuit (Cooper and Pettis counties), who is our state’s longest currently serving judge, with 42.5 years of experience on the bench.
Not only have these judges spent years adjudicating even the most complex cases and navigating complicated procedural issues, but many of them also have spent countless hours – both locally and statewide – working to help improve the practice of law. Losing this type of experience is even more profound.
But as I remind myself often, if we are to continue growing, we must embrace change and seize the opportunities it creates. In 2023, we have welcomed nearly 150 new judges to their positions. I appreciate their fresh perspectives and practical ideas they bring for improving our courts.
And to the public who rely on our courts every day, do not despair these changes. Although the faces you see in your local courts may be new, know the job they do remains constant. All Missouri judges are sworn to uphold the same principles, to treat everyone with fairness and respect, and to do our very best to make decisions based on the law and the facts of the cases before us. In that sense, we are all just temporary guardians of the rule of law and our constitutional system of courts in Missouri.
I wish you all the best as you reflect back on 2023, good luck on keeping your resolutions, and I look forward with hope toward all the new beginnings 2024 may bring.