Patricia Breckenridge, chief justice of the Supreme Court of Missouri,
delivered the following State of the Judiciary address Wednesday morning,
January 27, 2016,
during a joint session of the Missouri General Assembly in Jefferson City,
Mo.
Thank you, Lieutenant Governor Kinder, Speaker Richardson, President Pro
Tem Richard, members of the General Assembly, the executive branch, and the
judiciary. It is a privilege to be with you to examine how we can continue
our tradition of collaboration and innovation in improving Missouri’s
courts.
I am proud to be a lifelong Missourian. I was born and raised in Nevada, in
Vernon County. I am a product of the public schools of this state, but it
almost wasn’t so. I began college at the University of Arkansas. During the
summer after my freshman year, the young man I was dating convinced me to
transfer to the University of Missouri. After I had transferred, he
commented that, even if the relationship did not last, at least I would get
a better education. I ultimately earned MU degrees in agricultural
economics and law. And the young man who convinced me to return to
Missouri? His name is Bryan, and we will celebrate our 40th anniversary in
May. Bryan, will you please stand?
I am thankful for the values taught to me by my parents – my father, Don
Russell, a small-town lawyer with a general practice, and my mother,
Barbara Reed, a retired elementary teacher from Springfield. Dad died two
years ago, but my mother and my dear aunt, Judy Wood, are here with me
today. Thank you, Mom – you are a wonderful mother and role model.
Last week, I began my 35th year as a Missouri judge. I served nine years as
a trial judge, 17 on the court of appeals and am in my ninth year on the
Supreme Court. When I was appointed by Governor Bond to be the associate
circuit judge of Vernon County, I was 28 years old – only four years out of
law school. I should have been intimidated under those circumstances, but I
wasn’t. Some – many, in fact – might say that I didn’t know enough to be
afraid. But the truth is, as young and inexperienced as I was, I believed I
could be a good judge because I cared about the people of Vernon County who
brought their problems to court and about the law.
When I joined the judicial system, I found it was filled with principled
people who also cared. I was supported and taught by a host of court
clerks, attorneys and judges who helped me by sharing their experiences and
knowledge. I learned from everyone – even criminal defendants!
Criminal defendants taught me the importance of respect in our court
system. I learned when people who appear in court are treated with respect,
they, in turn, treat the judge and the court with respect. Experience
proved, when defendants understand their rights, the criminal charges
against thee, and court procedures, they more readily accept even harsh
sentences because they believe the process is fair.
Due process and the rule of law make this country unique. Our judicial
system is a coequal branch of government where citizens go to peaceably
resolve their disputes and to protect their rights. We only have to turn on
the television to see the stark contrast with other parts of the world.
Like the legislative and executive branches, courts are accountable to the
will of the people – but in a different way. Those branches are designed to
be responsive to the current interests and needs of the voters, but courts
are held accountable to the will of the people as expressed in the
constitution and laws enacted by you and by past members of this body.
Missouri citizens must have faith and trust – that in our courts they will
be treated respectfully and fairly and that their cases will be decided
impartially according to the law.
Missourians come to court for many reasons – because they have been charged
with speeding or armed robbery, their loved one’s estate needs to be
probated, they can’t agree on child support or child custody, or they are
business owners trying to get compensated for the products they have sold.
To the people involved, their cases are the most important thing in their
lives. They remind us that the judicial system’s purpose is the fair and
impartial resolution of every case.
My colleagues – the judges of the Supreme Court and the other judges and
commissioners in Missouri’s judicial system – work daily to properly
administer justice in courtrooms all around the state. Courts clerks,
juvenile officers, prosecutors, defense attorneys, and judges all must
respect the law and strive to fulfill the courts’ purposes and
responsibilities. Some dedicated court staff, judges, and attorneys from
our state are with us today. Would you please stand to be recognized?
But as we learned, there are courts in our state that were not true to our
system of justice. After Michael Brown’s death in Ferguson and the
resulting Department of Justice report, the municipal divisions in St.
Louis County were thrust into the national spotlight. This focused
attention on all our municipal divisions.
When constitutional changes restructured the Missouri judicial system in
1979, freestanding municipal courts became divisions of the circuit court,
but they were not fully integrated into the state system. Instead, the law
left the selection of judges and staff to the municipalities, which may
have caused some court personnel to promote the interests of their
municipality over the interests of justice.
The constitution places the municipal divisions under the supervision of
the circuit courts. Ultimately, the supervision of all courts rests with
the Supreme Court. The issues of the St. Louis County municipal divisions
have caused the Supreme Court to reexamine the performance of those
supervisory roles.
Municipal courts are, in fact, part of our Missouri circuit courts and as
the most frequently used division of our courts they may be the only kind
of court most Missourians encounter. Last year, more than 1.4 million
municipal cases were disposed – twice as many cases as in all other circuit
divisions.
The legislature has taken action in response to the problems demonstrated
by events in Ferguson, and I know you are considering additional changes to
the law during this session.
The Supreme Court recognizes that the vast majority of our municipal
divisions function as they should, but we are committed to restoring trust
in all our municipal divisions, and changes have been made:
* There is improved access to information and a uniform fine schedule that
eliminates the exorbitant and unauthorized fines and costs assessed in some
cities;
* St. Louis County municipal divisions are required to be open to all the
public;
* Thousands of warrants have been recalled and cancelled; and
* The Court amended our rules to require municipal judges to consider an
indigent defendant’s ability to pay any fine and costs imposed.
Despite progress, more remains to be done. The Supreme Court appointed a
municipal work group, which has gathered and studied information to
identify the most important findings and recommendations for action. We
look forward to its report, which is expected to be filed by March 1.
Our municipal divisions are not the only portions of our judicial system
that have received recent attention. The Department of Justice released a
report last July about the St. Louis County juvenile division. This report
raised concerns, including racial disparity in the disposition of cases;
insufficient legal representation for juvenile offenders; and questions
about the design of our juvenile system.
It might surprise you to know that juvenile courts were our first treatment
courts. Created by you 50 years ago, our juvenile system is designed not to
be an adversarial system where the parties compete to be winners, but
instead, a system where everyone, including the juvenile officer, has one
goal – to preserve and promote each child’s welfare. Because when the child
wins, we all win.
This non-adversarial system has produced good outcomes for Missouri
children. And we know the judges and juvenile staff across the state,
including St. Louis County, continue to be dedicated to the care and
protection of Missouri’s children.
But every system can be improved. So we are giving thoughtful consideration
to the DOJ’s criticisms, as well as to appropriate solutions. In fact, the
concerns have already led to one change in our juvenile structure. The
Supreme Court adopted a rule that separates the responsibility of the judge
who supervises juvenile court personnel from the responsibility of
adjudicating juvenile cases.
The DOJ reports claimed there is racial disparity in the handling of cases.
Let me be clear – we are committed to ensuring every individual in every
case in our system of justice is treated with respect and every case is
adjudicated fairly and impartially under the law. Even a perception that
justice is contingent on the color of one’s skin or the part of the state
one comes from should concern us all, no matter who we are or where we
live.
In this vein, the Court is committed to identifying and addressing bias. In
October, the Supreme Court established a Commission on Racial and Ethnic
Fairness to study the judicial system and the legal profession. The
commission is made up of more than 50 attorneys, judges and others
representing diverse experiences and viewpoints from across the state.
We expect the commission to examine current practices and make
recommendations to help assure fairness, impartiality, equal access and
full participation for racial and ethnic minorities in the judicial process
and in the practice of law. We look forward to seeing the recommendations
for improvement.
The Supreme Court also realizes it is critical for those of us who sit in
judgment of others to be aware of any bias, implicit or otherwise, that
might unknowingly affect our decisions. To that end, judges of Missouri’s
court system will receive implicit bias training as part of this year’s
judicial education programs.
These are current challenges, but we have a proud history of meeting
challenges head-on and finding successful solutions.
Many years ago, another challenge was technology. With your support, we met
that challenge and embraced technology as part of how courts must do
business in the 21st century. Missouri has become a national leader in
automated case management and, by June, every judicial circuit will have
electronic filing of case documents.
Our innovative Case.net system allows the public to access information in
19 million court cases, and the public does make use of that access! By
the end of last year, Case.net averaged 5 million hits per day.
Currently, public access to the actual documents in case files is available
only at computer terminals located in our courthouses. But in this computer
age, the public and the media have requested greater access. In response,
we are working to strike a balance that economically, technically, and
legally makes more case information available to the public.
We already are testing an enhancement to Case.net. This feature – called
“Track This Case” – allows parties and the public to be notified
electronically of activity in a particular case. The pilot began without
fanfare approximately two months ago and, already, Case.net users are
tracking 13,000 cases. We will continue to test this program until the end
of this year.
Innovations like this are possible because of our best asset – our people.
The expansion of technology has changed the responsibilities and skill sets
of our employees, and we must have a workforce ready to meet the demands of
21st century Missourians. Without such employees, we cannot take full
advantage of all technology has to offer.
Our technological innovations also are invaluable in producing data that we
use to serve the citizens of Missouri.
For example, by analyzing data from Missouri and around the country, we
have learned that unresolved trauma from abuse and neglect makes a child
significantly more likely to commit delinquent acts … and that a delinquent
child has a considerably higher risk of ending up in prison. The earlier
the trauma is identified and treated, the less likely “acting out”
progresses to the commission of a crime.
This information has guided efforts to improve the outcomes of children in
Missouri. The courts, in collaboration with the Department of Social
Services and the Department of Mental Health, have been piloting multiple
programs like Fostering Court Improvement, the Juvenile Detention
Alternatives Initiative and the Crossover Youth model. These programs
improve safety and permanency outcomes for children in foster care, reduce
detention of children, and prevent children from crossing over from the
child welfare system into the juvenile justice system.
Kids-at-risk is an issue deeply personal to me. When I was on the court of
appeals, I volunteered to mentor at Operation Breakthrough, an inner-city
day care. Little did I know that volunteering would lead to an 18-year
relationship with four sisters. I learned firsthand from “my girls” the
impact of having a mother in prison and a dad whose energy was spent just
trying to provide. They continue to be a big part of my life: Denise, now
a hardworking mother with a full-time job; Danisha, now in college; and
Mae, also a college student, who cannot be here today because being
introduced during the state of the judiciary apparently does not constitute
an excused absence! I am proud to introduce Denise and Danisha to you
today, along with another dedicated mentor, Penni Johnson. I wish Deitra –
the fourth sister – were with us, but tragically she’s made some bad
choices and is currently incarcerated.
I greatly appreciate the work of legislators who are also passionate about
protecting the children of Missouri. Your joint committee on child abuse
and neglect, currently led by Representative Bill Lant and Senator Bob
Dixon, is a wonderful example of how – when we work together – we can make
a difference in the lives of Missourians.
Another example of successful collaboration between us is our treatment
court model. Missouri is a national leader in treatment courts. As you
know, our adult, juvenile and family drug courts change the trajectory of
lives from addiction and crime to being productive citizens, while saving
money by reducing the prison population. Working together, we expanded the
drug court model to DWI courts, mental health courts and veterans courts.
If you have not attended a treatment court graduation, I encourage you to
do so. But bring your hanky. The life experiences of the graduates are
moving.
Let me tell you about Patricia Sams. She is a generational alcoholic from
Stone County who assumed the cycle of drinking and incarceration was her
destiny. Despite having spent nearly four years incarcerated, she continued
to drink and drive and once again found herself in front of a judge charged
with DWI – her eighth. But this time it was different …. This time, Judge
Alan Blankenship offered her the opportunity to be one of the first
participants in the new Stone County DWI court. She went through rehab,
learned how to stop her cycle of addiction, and has not had a drink since
April 2010. Patricia became Stone County’s first DWI graduate, and now is
part of its treatment court team. Patricia, will you and Judge Blankenship
please rise and be recognized for your achievements?
Patricia’s story is just one of many. Missouri has more than 16,000
treatment court graduates and more than 4,000 current participants. But
this is not the end of the story. We have more to do. We know treatment
courts work, but they aren’t available to everyone who could benefit from
them.
I am pleased to announce today that, once again, we are collaborating.
Speaker Richardson has asked the Supreme Court to work with him and other
members of this chamber to identify best practices and explore expanding
the availability of treatment courts. Together, we can change more lives in
Missouri.
Although there may be challenges in some areas of the court system, we can
be proud of the outstanding work that is done in the vast majority of our
Missouri courts.
We should be especially proud of the level of cooperation and communication
between the legislature and the judiciary. Our work together in the areas
of treatment and juvenile courts and technology should be a standard for
our interactions every day. Let’s continue to make our Missouri courts even
better.
Thank you.
