The Missouri Bar's Board of Governors discussed a range of issues at their September meeting, including Missouri's new Judicial Evaluation system.
Some of the most involved discussion concerned proposed changes to Missouri's Rules of Professional Conduct concerning lawyer advertising. The proposed changes can be accessed here. The Bar's Executive Committee requested an extension of the comment period, to allow Bar committees to discuss the proposed changes at October 23 meetings. Some members opposed any extension because it would allow time for others to marshall opposition to the proposals. Others spoke in favor of an extension, noting the important First Amendment concerns implicated in the proposals. The extension, until November 1, 2008, passed by a 24-13 vote.
The Board of Governors also heard a presentation on Missouri's new Judicial Evaluation system. The Missouri Bar has has long conducted a "judicial survey" allowing lawyers to comment on judicial performance. In 2007, Missouri Supreme Court Chief Justice Michael A. Wolff called for improvements in the quality of information given to voters concerning judges. As a result, Missouri's Supreme Court created six judicial performance evaluation committees. Each committee consists of twelve persons, six lawyers and six non-lawyers. The committees are appointed by the Bar's Board of Governors.
The goal of these committees is to provide more information to voters about judges facing retention elections. Often, the presentation claimed, opposition to judges is rooted in displeasure with a particular decision, such as "who is kissing who in Massachusetts." The new evaluations present several kinds of data, to better capture several kinds of judicial performance. The "judicial survey" and standards have been revised, so that judges are not ranked using terms like "above average" or "below average." The presentation noted that now "every judge can be above average." The new evaluations are available here.
In other action, the Board voted to seek legislative enactment of several family law measures, including a Uniform Act of Uniform Act on Premarital Agreements, and the Uniform Child Custody Jurisdiction and Enforcement Act. Governors tabled a call for legislation that would require Missouri's courts to redact or remove Social Security numbers from Family Court files before they are released to the public.