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Winter 2007

Missouri's Highest Court Welcomes a New Face

On September 7th, the Honorable Patricia Breckeneridge was named the newest member of the Missouri Supreme Court, replacing Justice Ronnie White who left the bench on July 6th. Breckeneridge was one of three nominees recommended by the Judicial Selection Commission from a pool of more than 30 applicants. After a lengthy review process, the Commission narrowed the field the three and forwarded those names on to the Governor's office.

Governor Blunt had sixty days to consider the nominees and name White's successor. Blunt, as well as special interest groups and some legislators interested in playing politics, critisized the nonpartisan selection process and the nominees. In the end, however, Blunt named Breckeneridge as the next Missouri Supreme Court Justice. Breckeneridge, a Republican, had the most judicial experience of every judge, prosecuter and attorney applying for the vacancy. Breckeneridge spent 8 years as a Circuit Court Judge plus 17 years as Judge for the Missouri Court of Appeals, Western District, for a total of 25 years on the bench.

In summary, one might argue that the state's 67-year-old Nonpartisan Court Plan still works well. As a result of that process, the most qualified and experienced applicant will soon take a seat on Missouri's highest court. Ultimately, the state citizens will hold the final say in deciding whether to retain Justice Breckeneridge in a periodic judicial retention election.

As citizens, we must consider whether we prefer a nonpartisan court system insulated from politics and special interest groups or some other system of appointments by state legislatures in Jefferson City, Missouri. As the third branch of state government, the judiciary must be a place where fair and impartial decisions are rendered based upon the Constitution and laws of the state. The members of the bench that make up the judiciary should be the most experienced and best qualified persons.

Off the Record™

Stahlhuth & Rudder, LC Moves Washington Office to Jefferson Street

After 14 years in Clock Tower Plaza, Stahlhuth & Rudder, L.C. recently moved its Washington, MO office to 808 Jefferson Street. The office building sits on the east side of Jefferson Street at the intersection of Wainwright Street, across from the VFW hall. (The building was formerly occupied by Cheryl Coleman Real Estate Company.) The new office offers clients a convenient midtown location with ample off street parking, as well as comfortable office space and storage for the S&R staff. Please stop in and say hello the next time you are in the area.

Missouri Joins the Wild, Wild West

Governor Matt Blunt signed new legislation on July 3 that allows folks to shoot first and ask questions later when they perceive they are being threatened in their home, vehicle or other building. Under the new law, the intruder's presence provides the justification to shoot and kill. The new law provides an absolute defense from criminal and civil responsibility from the shooter. Under the old law, deadly force was justified only if the person believed it was necessary to protect themselves or others from death or serious injury.

So the next time you go over to your neighbor's home, you might want to think twice before you stick your head in the front door and ask if anyone is home. Adults must advise their children about the new law to avoid any deadly consequences.

heard it at the courthouse

Franklin Cnty. Judicial Center Takes Shape

The Franklin County Judicial Center, located at the intersection of Church and Main streets in Union, MO, is taking shape as the steel beams are in place and the second floor decking is complete. Underground utilities are also installed for sewer, water and electrical. Based on reports from Presiding Comissioner Ed Hillhouse, the project is "on time" and "on budget." The new courthouse is similiar to the County Administration building, but the interior will be finished with courtrooms and additional security. The Judicial Center, is expecting to open next spring. Once the new building is finished, the old courthouse is scheduled for renovation.