JEFFERSON CITY – Missouri Chief Justice Paul C. Wilson delivered his 2022 State of the Judiciary Address Tuesday, March 8th, 2022 during a joint session of the Missouri General Assembly in Jefferson City, Missouri.
This is the written draft from which Paul C. Wilson, chief justice of the Supreme Court of Missouri,
delivered his State of the Judiciary address.
Introduction
Speaker Vescovo, Lieutenant Governor Kehoe, President Pro Tem Schatz,
members of the 101st General Assembly, statewide office holders, cabinet
members and other executive branch officials: thank you for this
opportunity to speak to you this morning.
The concept of separation of powers is one of our Constitutional
cornerstones, but it can be misleading. Separate does not mean adversarial,
and it never has. In truth, our constitution demands just the opposite.
Despite the different roles we play in our system of checks and balances,
all three branches must continually communicate and cooperate if we are to
serve the constitution and the people well.
Obviously, my address this morning is largely ceremonial, but that does not
mean it doesn’t matter. I think it’s important for the people of our great
state to see us gathered on occasions like this – together – demonstrating
the cooperation that goes on, not just on this day, but throughout the
year. For that reason, and in that spirit, I deeply appreciate your
willingness to listen to what I have to say.
There are somewhere north of 200 of us in this room, and we all asked to be
here. No one made us take the path of civil service that brought us here.
Every one of us is a volunteer, and we worked hard to have the chance to
serve this state and its people. Others can rail against “the government”
as if it were some nameless, faceless entity, but we in this room know
better. You, me, and the nearly 50,000 other public servants who live and
work in virtually every community in this state, we are the government.
Government is people and, for today’s purposes, it’s us.
I was born and raised here in Jefferson City, and maybe that’s why this
idea is so important to me and so ingrained in who I am. The legislature
wasn’t just some headline to me. Instead, it was my neighbor and childhood
idol Jim Strong, who served in this chamber and then in the Senate down the
hall. The legislature was my Uncle Jim – and all those he would introduce
me to on the many afternoons I came to watch him in this building.
Most of the kids I grew up with had parents who worked in government, at
all levels. My dad served many years as a judge in the municipal and
associate circuit courts. My mom worked in public health for nearly 50
years, starting as a school nurse and ending up as a division director in
the department of health in the Ashcroft administration.
When you grow up here in Jefferson City, even statewide office holders are
just people, as I learned one cold winter’s day 50-some years ago when I
accidentally knocked Jack Danforth off his feet at the skating rink. My Dad
helped him, and me, up, and then said to me: “You know who that is, don’t
you!?!” Well, of course, I didn’t … but I quickly learned and, Senator, if
you’re listening, please accept this very overdue apology!
My father is no longer around to pick me up when I make a mistake, but my
wife Laura is. She’s the love of my life for more than 30 years, and she’s
with us in the gallery today. Please make her feel welcome.
The point is, I grew up believing that government is people – well-meaning,
hardworking people – and I believe that still today. I promise you it’s no
less true of me or my colleagues than it is of you or yours. We all have
different jobs, and we serve in different ways, but we are united in the
spirit and goal of service. This unity of purpose brings us together this
morning so the people of this state can see us – gathered in their name –
to discuss their business … together.
So, let’s get down to business ….
Court employees
The state of the judicial branch is sound. Last year, despite all its
challenges, more than 750,000 circuit court cases were resolved. While the
pandemic impacted our backlog, its effect was not as big or as widespread
as some feared, and we are working to clear it.
And, when I say we, I mean them – the 350 trial judges, and the
more-than-3,000 court clerks, bailiffs, court reporters, juvenile officers,
juvenile detention officers, and all the other staff who really make up the
judicial branch. It’s not the seven of us – it’s all of them and the work
they do. We know it, they know it, and I want all of you to know it too.
They are the ones who kept the courts open through the pandemic. They are
the ones who work to help keep Missouri kids safe. Who collect and disperse
more than $100 million dollars every year. Who schedule every court hearing
and help people know when and where they’re supposed to be.
Our people are your people, your constituents, your friends and neighbors,
and they live and work in every corner of this state. They are the face and
beating heart of your judicial system. The work they do is incredibly
important and often incredibly difficult, and I would ask you to help me
recognize them now.
On their behalf, I thank you for the cost-of-living increases you have been
able to give in recent years and, especially, the one you approved just a
few days ago. That kind of increase is important to our employees, not
merely in terms of buying power, but because it demonstrates that you in
this chamber know who they are. You see them, and you proudly recognize the
work they do.
But there is more we can, and need, to do. Like the rest of government, we
struggle to retain experienced workers and recruit new employees to careers
in the courts. All too often, we spend precious tax dollars recruiting and
training people, giving them the skills and experience we need them to
have, only to see them move to better-paying, private-sector jobs after our
training is complete. A market-based approach to compensation will give us
a fighting chance to attract and keep expert staff in our courtrooms and
courthouses. Those folks want to serve, just as all of us do, and
competitive compensation will allow them to do that. By continuing to work
with you, we can find a common-sense, long-term solution to this problem.
Judges
I urge each of you to reach out to your local judges. Spend some time in
your local courthouses. Talk with your local court staff, and see what’s
happening there. Decide for yourselves how busy Missouri’s courts are, how
fair they are, and how well we serve the laws you write and the
constitutional principles every one of us has sworn to protect. My hope is
you’ll see ways we can work together to improve our justice system.
One reason I ask you to do this is because so many of our judges are new.
In the last four years alone, 40 percent of all the trial and appellate
judges have been new to their positions. Some of those changes came as the
result of local elections, but more than three-fourths of the new judges
over these last four years – including 109 trial judges and 13 appellate
judges – were appointed by the governor either under article IV, section 4,
or under our constitution’s nonpartisan court plan.
One of these recent appointees is Judge Robin Ransom, the newest member of
the Supreme Court. She is a native of St. Louis. She worked as a public
defender, a prosecutor, a family court staff attorney, a court commissioner
and then a circuit judge. In 2019, Governor Parson elevated her to the
Court of Appeals and then, last May, appointed her to the Supreme Court.
She is not only the owner/operator of the most infectious smile you’ve ever
seen, but she also just might be the best bowler in this room! We could not
be more thrilled to work with her. Please join me in recognizing our newest
judge.
Court security
With the judicial branch working in more than 120 courthouses around the
state, security – for citizens, lawyers, judges and other court personnel –
has always been a priority.
Thankfully, security in our courthouses has come a long way since 1992,
when a man shot four people in a St. Louis County courtroom and then
executed his wife on the witness stand. But security risks continue,
they’re on the rise, and they are no longer just inside the courthouse.
Those of us in public service are increasingly vulnerable. As public
servants, we know we are not – and should not be – immune from public
scrutiny and criticism … it comes with the job. But none of us – or our
families – should be put in harm’s way.
In 2005, a judge’s husband and mother were murdered in Illinois. In 2015, a
judge survived an assassination attempt outside her home in Texas. And, in
2020, a New Jersey judge’s husband was shot and her son killed in an attack
meant for her. All three states responded with laws aimed at protecting the
private personal information of judges and their families, but those laws
came too late to prevent those tragedies. We owe it to the those who serve
in Missouri’s judiciary not to learn – in the worst possible way – that we,
too, did too little, too late.
Missouri judges have been harassed online and at home, they’ve been
threatened, and they’ve had their personal information posted on the web.
Eleven states have already passed laws enhancing safety for judges, and
more are considering such legislation now. We appreciate Representative
DeGroot’s efforts in this area and believe that legislative protections for
Missouri’s judges, together with the governor’s budget recommendations
you’re now considering, are a good start – and we look forward to working
with you on this issue as well.
Court technology
Online services are revolutionizing the courts just as they are the rest of
government. This was true before COVID, and the last two years have greatly
accelerated this trend. When conditions limited the number and types of
hearings that could be held in person, we held thousands of hearings
online, in virtual courtrooms. This approach made it possible to keep the
work of the judiciary moving, and it was well received by those the courts
are here to serve. Data from around the country shows that virtual
proceedings not only make courts more efficient, but they also increase
access to justice for many.
But this demand for increased online services highlights how much more
difficult it is for some to make use of those services than others. There
can be no doubt the “digital divide” is real. And it can be caused as much
by geography as by poverty. Courts, whether virtual or in person, must be
equally open and accessible for all Missourians, regardless of who you are
or where you live.
This is why we’re excited by Governor Parson’s recommendations for
broadband expansion around the state. Increased bandwidth, especially for
our rural courthouses and the communities they serve, will help us better
utilize online services to increase efficiency and access, making your
courts more user-friendly for everyone.
Treatment courts
Those logistical issues – compensation, security, and infrastructure – are
important, but only because they make it possible for the judicial branch
to fulfill the role assigned to us. I want to turn now to some of the more
creative work going on in our courts, work that presents continued
opportunities for cooperation among our three branches.
One recurring theme in State of the Judiciary addresses over the past 20
years has been drug courts. They have been one of the greatest
collaborative successes showing what is possible when the three branches
work together with creativity and a commitment to serving Missourians
better.
By identifying appropriate offenders and diverting them from prison to
treatment, we – together – found a better way to serve not only those
individuals, but also their families and society as a whole. This approach
is cost effective, to be sure, but more importantly, it’s fair … and just.
These programs stand as proof that our justice system often does better
when it responds to the whole person and not merely to their conduct. This
was true more than a century ago when legislation created the very first
diversion court, which we now call juvenile courts, and it remains true
today.
Veterans courts
But there is another diversion court, another form of treatment court, that
I believe needs the same sort of sustained cooperation and commitment that
– together – we have given drug courts and juvenile courts in this state.
I’m talking about veterans courts.
As home to Fort Leonard Wood, Whiteman Air Force Base, and many other
installations, Missouri is proud to host some of the most elite fighting
men and women in the world. But we are equally proud when service members
choose to make Missouri their home after they leave active duty. As
Governor Parson noted in his State of the State address, Missouri ranks
ninth in the nation as home for our retired military.
Sadly, however, the burdens of military service do not magically disappear
the moment a veteran leaves active duty. For some, those burdens can lead
to mental health struggles that manifest themselves in substance abuse and
conduct that, unfortunately, can land them in our justice system.
Then, our choice is clear. We can view those veterans solely in terms of
their conduct, or we can look at the context from which their conduct
arises and see whether treatment and other forms of support can produce a
better outcome, both for the veterans and for all of us they have served.
Make no mistake: Missouri veterans courts work. We now have 12 programs
serving 37 counties and, in the past five years alone, they’ve graduated
more than 360 former service men and women. One reason these programs work
so well is the role that volunteer veterans and active-duty soldiers play
as mentors. No one can help a veteran like someone who’s walked a mile –
and probably a thousand miles – in their combat boots. Missouri veterans
courts have demonstrated the kind of success we’ve come to expect from drug
courts and other treatment courts … and now it’s time we do more.
Today, veterans courts serve only a third of our local jurisdictions,
largely clustered around VA hospitals and clinics. Outside of those areas,
however, resources are scarce. The simple truth is that veterans who need
help throughout most of Missouri will not have access to a veterans court
should they find themselves on the wrong side of the law. We can work
together to fix this, and I hope you will agree we owe it to these men and
women as the very least we can do to honor the sacrifices they’ve made.
Cooperative solutions
And there are other examples where our three branches have communicated and
cooperated to better serve Missouri and her people:
* The Justice Reinvestment Initiative led by the department of corrections;
* the Partnership for Child Safety and Well-Being, where we work together
with the children’s division, youth services, and the department of
mental health;
* and the initiative we call Leading Change in Criminal Justice, which
helps local stakeholders better coordinate services for individuals with
co-occurring mental health challenges and substance use disorders.
And the list goes on and on and on. Leaders from across government … people
working together to empower local solutions. Are you sensing a winning
formula? I hope so.
So, I am happy to report that the State of the Judiciary is sound, and the
future is bright. While I’ve mentioned a few of the ways we can work – and
have worked – together, the opportunities for cooperation are limited only
by our creativity and our courage.
Conclusion
Missouri has always had her share of challenges. For example, as you all
know, fire destroyed the state Capitol in 1911. But, as Missourians always
do, we rebuilt, and this magnificent building was the result.
Yet the beauty of the design and the quality of the work that went into
this building were not a celebration of what Missouri was, or a salute to
leaders who already served. Instead, I believe this building – and, in
particular, this chamber, The People’s Chamber – was designed and built as
a monument to what Missouri can be, and as a challenge to all those who
would seek to lead in the future.
The commission overseeing the new Capitol project identified 14 qualities –
characteristics the people of Missouri should aspire to embody. But I think
it’s instructive that – of all the places around the Capitol that the
commission might have chosen to display these qualities – they chose here.
Those 14 traits are literally carved into the walls of this chamber. They
have stood here for more than a century as a silent challenge to all those
who sought to lead.
Even now, today, they challenge you and me to find these virtues in
ourselves and in each other.
To find Honor and Truth and Charity,
To find Justice and Equality and Liberty,
and all the rest.
To find them within ourselves and in each other – and to let those virtues
guide the work we’ve volunteered to do.
And yet, as I look at these virtues, I can’t help but notice the one that
isn’t there. Courage. Maya Angelou, a native of St. Louis and one of
America’s greatest poets, once said:
Courage is the most important of all the virtues, because without
courage you can’t practice any other virtue consistently. You can
practice any virtue erratically, but nothing consistently without
courage.
You see, it takes courage to lead; to make the decision you know is right
but may not be popular; to listen and cooperate and compromise; to build a
future for everyone and not merely those who look and sound like us. There
is no tomorrow for any of us that is not the tomorrow for all of us, and
that future will only be as bright as we make it.
So, will those of us who have gathered in this chamber today have what it
takes to practice these virtues?
To practice Justice and Truth … Liberty and Honor … Equality and
Charity … and all the rest?
And will we have the Courage needed to practice them consistently?
With God’s help and blessings, I believe we will.
Thank you.