Reflections of Missouri Chief Justice Mary R. Russell
JEFFERSON CITY – My parents raised my siblings and me to show honor and respect, not only to our elders but also to our teachers, church leaders, police officers … well, pretty much anyone in charge of anything.
That lesson was reinforced in law school, when it was drilled into all of us aspiring lawyers to always refer to judges as “your honor.” That title has been considered proper etiquette for hundreds of years; it is part of the legal practice we kept from England.
But it feels different from the other side of the bench. Once I became a judge almost 29 years ago, I realized that title should not be something just bestowed upon me by virtue of my job. Instead, “honor” was something I needed to earn, and then work to keep every day on the bench. Earning and maintaining “honor” helps keep all judges accountable to the public we serve.
Every judge takes an oath to uphold the law and the constitution. Our oath requires us to put aside all the assumptions and ideas that make us individuals and, instead, decide the cases before us based solely on the law and the facts. Sometimes, this requires us to reach a conclusion as a judge we may disagree with personally.
But that is the obligation we owe to our fellow citizens. Every day when we put on our robes, it serves as a reminder of our oath — a reminder that we are but temporary guardians of our state’s entire system of justice. While we wear that robe, it is up to us to set a tone of honor in our courthouses by treating everyone fairly, with dignity and respect.
Honor and accountability also come through the code of ethics we are required to follow. In Missouri, our Code of Judicial Conduct first was adopted in 1971. The code covers a lot of scenarios, including rules for when a judge must recuse — or remove herself or himself — from a case. This is necessary when there is an actual conflict of interest, but just as often, it occurs when a judge is concerned there might be even an appearance of impropriety.
In Missouri, to ensure cases continue moving forward, we have a simple mechanism to replace any judge who recuses. A circuit court’s presiding judge can appoint another available judge from within the circuit or can ask the Supreme Court of Missouri to transfer in a judge from somewhere else in the state. This works even at our Court — if we have a judge recuse from a particular case, we can appoint a judge from anywhere in the state to fill-in.
Another way we demonstrate honor and accountability to the people is by filing personal financial disclosure reports, just like other public officials. These reports require us to be transparent about not only our income, but also investments, real estate, trusts and other assets we own; gifts, lodging and travel we have received; and whether any of our relatives work for the state or its political subdivisions or are registered lobbyists.
While all Missouri judges work hard to follow the constitution, the laws and the code of judicial conduct, what happens if there is a question of misconduct? Who enforces the judges’ ethics code? If a complaint is filed, then it is out of our hands. Instead, the Missouri Constitution has established an independent commission, made up of lawyers and other citizens, to enforce the judicial code. This independent commission is called the Commission on Retirement, Removal and Discipline.
Anyone who believes a Missouri judge has violated the code of judicial conduct can file a written complaint with the commission. The commission has the power to conduct investigations and hold hearings. If the commission finds the judge has, in fact, violated judicial ethics, then it files an “information” in the Supreme Court of Missouri recommending the judge be disciplined. This process applies to every judge in Missouri – including all seven of us on the state supreme court. If any of us is accused of violating the ethical code, we all are subject to investigation and potential discipline.
Why is this important? No judge is above the law. We all must follow the same laws as every other Missourian. We all must be transparent in disclosing our finances. We all must conduct ourselves ethically. But ultimately, we are accountable to the rule of law and to the people, who determine whether we continue to deserve the title of “your honor.”