Publication: Chillicothe Constitution Tribune Thursday, June 24, 1976

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   Chillicothe Constitution Tribune (Newspaper) - June 24, 1976, Chillicothe, Missouri                                 PAGE 8— CHILLICOTHE CONSTITUTION-TRIBUNE, THURSDAY, JUNE 24, 1974 I _  ■ Al    Notice    for    Publication  Legal Notices  Notice of Appointment Of Guardian  Sec. 309, 475.140, RSMo. 1959 State of Missouri,  County of Livingston.-ss.  IN THE PROBATE COURT OF LIVINGSTON COUNTY, MO. In the estate of Effie V. Ball, Incompetent  Estate No. 1808 To all persons interested in the estate of Effie V. Ball, Incompetent:  On the 27 day of May, 1976, William B. Watson was appointed guardian of the person and estate of Effie V. Ball, a person adjudicated incompetent under the laws of Missouri, by the Probate Court of Livingston County, Missouri.  The business address of the guardian is 700 Jackson Street, whose telephone number is 646-5500, and his attorney is David P. Macoubrie, whose address is 385 CNB Bldg., Chillicotne, Missouri, and whose telephone number is 646-4522.  All creditors of said incompetent are notified to file thier claims in the Probate Court within six months from the date of first publication of this notice or be forever barred.  Publication: June 3, IO, 17, and 24, 1976.  Geraldine Roark Clerk  Probate Court of Livingston County, Mo. (SEAL)    _  Notice is hereby given that a  Kfolic hearing will be held at e County Courtroom, Livingston County Courthouse on June 29, 1976. at 8:00 P.M. for the consideration of changing the classification of certain property, to wit:  East side of County Road abutting Lowes Acres Sub-Division: from U.S. Route 36 North to Norfolk and Western Railroad Right of Wav in Southwest Corner of Section 5, Township 57, Range 23. Described as Beginning 30 feet North of Southwest Corner of Section 5. Township 57, Range 23 W, thence North 894 feet to Railroad Right of Way, South 73 Deg 30 Min. East along Right of Way for 562 feet thence South to North Right of  Way Route 36, West 538 feet to beginning point being a IO acre tract, part of southwest Quarter (SWV«) lying South of Railroad Right of Way. Said property to be reclassified from A-l Agriculture to Zone C. Business. Said land is proposed to be used for Business sites, including contractors Ware House and office building fronting on County Road.  Done by order of the Livingston County Planning and Zoning Commission.  Merle Jones Chairman Publish: June lOth, June 17th, and June 24, 1976.  People DO read the Want Ads, and they WILL read yours!!  Notice of Letters el  Administration Granted  (Sec. 473.083, Laws of Missouri, 1989,  Regular Session.)  State of Missouri,  County of Livingston.-ss.  IN THE PROBATE COURT OF LIVINGSTON COUNTY, MO. In the estate of Elisabeth A. Gilmer, Decedent.  Estate No. 1813 To all persons interested in the estate of Elisabeth A. Gilmer Decedent:    »  On the 4th day of Jane, 1978. Alts Mae Para was appointed the administratrix of the estate of Elisabeth A. Gilmer decedent, by the probate court of Livingston County, Missouri. The business address of the administrator is 1007 Countryside Drive, Brookfield,  Missouri, whose telephone number Is 23*3845. and her attorney is Lloyd A. Cleaveland of Chillicothe, Missouri, whose business address is CNB Bldg., Suite No. 385 and whose telephone number is 646-4522.  All creditors of said decedent are notified to file claims in court within six months from the date of this notice or be forever barred.  Date of publication: June IO, 17, 24 and July I, 1978. Geraldine Roark Clerk.  Probate Court of Uvthgston County, Mo.  CHILLICOTHE* MISSOURI-44401  John Quincy Adams was the only president to return to Congree after leaving the White House. He served 17 years in the House of Representatives.  Notice of Filing of Final Settlement And Petition For Distribution  (Sec. 473.587, R.S. Mo., 1959) State of Missouri,  County of Livingston.-ss.  IN THE PROBATE POI TRT OF  LIVINGSTON COUNTY. MO.  In the estate of Myrtle Bettors Tim brook, Deceased. Estate No. 1927.  TO ALL PERSONS INTERESTED IN THE ESTATE OF Myrtle Benora Timbrook, Deceased.  You are hereby notified that the undersigned Administrator of said estate will file final settlement and petition for distribution on the 5th day of  or petition or any item thereof must be in writing and filed within ten days from the date said final settlement is filed.  Raymond M. Timbrook, Admr., 8718 East U4th Street, Kansas City, Missouri, 84134.  Cleaveland, Macoubrie, Lewis A Cox, Attorney, 385 Citizens National Bank Building, ChiUicothe, Missouri 04601.  Publish: June 3, IO, 17 and 24, 1978.  Maurice Sage  NEW YORK (AP) - Maurice S. Sage, 56, president of the Jewish National Fund of America, died Tuesday night. He col-lapped while handing Pint  the court, In said Probate Court Lady Betty Ford a  and that any objections or bicentennial dinner at the New  exceptions to such settlement York Hilton Hotel.  Proposed Amendments to the Constitution of Missouri  To be submitted to the qualified voters of the State of Missouri at a special election to be held on Tuesday, the Third day of August, 1976.  CONSTITUTIONAL AMENDMENT NO. I  (Submitted by the 78th General Assembly First Regular Session)  Amends Section 7, Article X, Missouri Coastitalioa, by deleting twenty-fire year limitation on laws granting partial tax relief for lands devoted exclusively to forestry parposes.  JOINT RESOLUTION Submitting to the qualified voters of Missouri, an amendment repealing section 7 of article X of the Constitution of Missouri relating to taxation and adopting one new section ip lieu thereof relating to the same subject.  Be it resolved by the Hoase of Repreaeatativea, the Senate concurring therein:  That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 1976, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article X of the constitution of the state of Missouri:  Section I. Section 7, article X constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known aa section 7, to read aa follows:  Section 7. For the purpose of encouraging forestry when lands are devoted exclusively to such purpose, and the reconstruction, redevelopment, and rehabilitation of obsolete, decadent, or blighted areas, the general assembly by general law may provide for such partial relief from taxation of the lands devoted to any such purpose, and of the improvements thereon, by such method or methods, for such period or periods of time, not exceeding twenty-five years in any instance, and upon such terms, conditions, and restrictions aa it may prsscribe; provided, however, that in the case of foreat lands, the limitation of twanty-flve years herein described shall not apply.  CONSTITUTIONAL AMENDMENT NO. 2  (Submitted by the 78th General Assembly First Regular Session)  Repeals coastitatleaal provisioa which presently reaaires that each election ballot he Beavered and that each Basher he recorded on list of voters opposite veter’s aaie.  JOINT RESOLUTION Submitting to the qualified voters of Missouri, an amendment repealing section 3 of Article VII! of the constitution of Missouri relating to elections and adopting one new section in lieu thereof relating to the same subject.  Be It resolved hy the Hoose of Representatives, the Senate concaving therein:  That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 1976, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to Article VHI of the constitution of the state of Missouri.  Section I. Section 3. Article VIII constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as section 3, to read aa follows:  Section 3. All elections by the people shall be by ballot or by any mechanical method prescribed by law. All election officers shall be sworn or affirmed not to disclose how any voter voted, provided, that in cases of contested elections, grand jury investigations and in the trial of all civil or criminal cases in which the violation of any law relating to elections, including nominating elections, ta under investigation or at issue, such officers may be required to testify and the ballots cast may be opedkd, examined, counted, and racaivad aa avidenca.  CONSTITUTIONAL AMIN OMEN!  NO. I  (Submitted by tha 78th Goner-a1 Aaaambly Second Regular Session)  Anthorine coesites lo isaac atillfy ar airport raven ae bonds with voter approval) aatborixas casefies sad municipalities to I tsar lo-destrin! develepasoat ravener bonds witboat voter approval. JOINT RESOLUTION Submitting to tha qualified  voters of Missouri, an amendment repealing Section 27 of Article VI of the constitution of Missouri relating to the indebtedness of certain political subdivisions and adopting one new section in lieu thereof relating to the same subject.  Be it resolved by the Senate, the Hoase of Representatives concn iring Ibere!a:  That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 1976, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to Article VI of the constitution of the state of Missouri-  Section I. Section 27, Article VI, constitution of Missouri, is repealed and three new sections adopted in lieu thereof, to be known as sections 27(a), 27(b), and 27(c), to read as follows: Section 27(a). Any county, citv or incorporated town or village in this state, by vote of a majority of the qualified electors thereof voting thereon, may issue and sell its negotiable interest bearing revenue bonds for the purpose of paying all or part of the cost of purchasing, constructing, extending or improving any of the following: (I) revenue  Enduring water, gas or electric jht works, heating or power plants; or (2) airports; to be owned exclusively by the county, city or incorporated town or village, the coat of operation and maintenance and the principal and interest of the bonds to be payable solely from the revenues derived by the county, city or. incorporated town or village from the operation of the utility or airport  Section 27(b). Any county, city or incorporated town or village in this state, by 'a majority vote of the governing body thereof, may issue and sell its negotiable interest bearing revenue bonds for the purpose of paying all or pert of the cost of purchasing, constructing, extending or improving any facility to be leased or otherwise disposed of pursuant to law to private persona or corporations for manufacturing, commercial, warehousing and industrial development purposes, including the real estate, buildings, fixtures and machinery. The coat of operation and maintenance and the principal and interest of the bonds shall be payable solely from the revenues derived by the county, city, or incorporated town or village from the lease or other disposal of the facility.  Section 27(c). Aa used in Article VI, Sections 27(a) and 27(b), the term “revenue bonds" me a na bonds neither the interest nor the principal of which is an indebtedness or obligation of the issuing county, city or incorporated town or village.  CONSTITUTIONAL AMENDMENT NO. 4  (Submitted by the 78th General Assembly Second Regular Session)  Amends Miaaoari Cantillation lo antholite legialatare lo rescind ad-■Taislrative rales and raga la! ions of agencies by coocorreat insolation wlthoet presentation lo the governor.  JOINT RESOLUTION Submitting to the qualified voters of Missouri, an amendment repealing Section 8 of article IV of the constitution of Missouri relating to the duty of the governor in regard to concurrent resolution and adopting one new section in lieu thereof relating to tha same subject.  Be ll resolved by tho Scoots, tho Hoose of Representatives con-earring therein:  That at tha next general elac-tion to be held in the state of Missouri, on Tuesday next following the first Monday in November, 1976, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article IV of the constitution of the state of Missouri:  Section I. Section 8, article IV, constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as section 8, to read ga follows:  Section 8. Administrative rules and regulations other than those which affect only the internal operation of the agency adopting them and other than those promulgated under authority granted by the constitution may be rescinded by concurrent resolution of both houses which shall ba affective immediately upon the adoption of such  resolution without presentation to the governor. Every other resolution to which the concurrence of the senate and house of representatives may be necessary, except on questions of adjournment, going into joint session, and of amending this constitution, shall be presented to the governor, and before the same shall take effect, shall be proceeded upon in the same manner as in the case of a bill; provided, that no resolution shall have the effect to repeal, extend, or amend any law except as otherwise authorized under the provisions of this section.  CONSTITUTIONAL AMENDMENT NO. S  (Submitted by the 78th General Assembly Second Regular Session)  Repeals provisioa of Missoarl Coastitalioa which provides “Separate schools shall be provided for while and colored children, except in cases otherwise provided for by law.”  JOINT RESOLUTION Submitting to the qualified voters of Missouri, an amendment repealing section 1(a) of article IX of the constitution of Missouri relating to public schools and adopting one new section in lieu thereof relating to the same subject.  Be It resolved by the Senate, the Hoase of Representatives costarring therein:  That at the next general election to be held in the state of Missouri on Tuesday next following the first Monday in November, 1976, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article IX of the constitution of the state of Missouri-Section I. Section Ka), article IX constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as section 1(a) to read as follows:  Section Ka). A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the general assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this state within ages not in excess of twenty-one years aa prescribed by law.  CONSTITUTIONAL AMENDMENT NO. I  (Submitted by the 78tk General Assembly Second Regular Session)  Changes aathority and Jarisdictioa af Sapreme Coart, Coart* of Appeal and circait coart*; abolishes all other coart*; creates associate circait jadges) aaseads nonpartisan coart plan) aaseads jadnes retirement provisions) abolishes constables sad St. Leal* City prosecatiag attorney) asaaicipal coart* become divisions of circait coart*.  JOINT RESOLUTION Submitting to tho qualified voters of Missouri an amendment repealing sections I, 3, 4,  5, 6. 7, 8, 9, IO, ll, 12, 13, 14, IS, 16, 17, 18, 19, 20, 21, 22, 23, 24. 25, 26, 27, 28, 29(a), 29(b), 29(c)(1), 29(c)(2), 29(d), 29(e), 29(f). 29(g), 30, and 31 of article V of the constitution of Missouri relating to th* judicial department and adopting thirty-thre* new sections in lieu thereof relating to the same subject, with an effective date.  Be It resolved by th* Seams, the Hoase of Representatives cob-earring therein:  That at the next general election to bo hold in the state of Missouri, on Tuesday next following the firm Monday in November, 1976, or at a spacial election to be called by the governor for that purpose, there ie hereby submitted to the qualified voters of this state, for adoption or rejection, th* following amendment to article V of th* constitution of the state of Missouri:  Section A. Sections I, 3, 4, 6,  6, 7, 8, 9. IO, ll, 12, 13, 14, 15, 16, 17, 18, 19. 20, 21, 22, 23, 24, 26, 26, 27, 28, 29(a), 29(b), 29(c) (I), 29(c) (2), 29(d), 29(e), 29(f), 29(g), 30, and 31 of article V, constitution of Missouri ar* repealed and thirty-three new sections enacted in lieu thereof, to be known as sections I, 3, 4, 5, 6,7, 8, 9, IO, ll, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22. 23, 24, 25(a), 26(b), 25(c) (I), 25(c) (2), 25(d), 25(e), 25(f), 25(g), 26, and 27 to road aa follows:  Section I. Th* judicial power of tho state shall be vested in a supreme court, a court of appeals consisting of districts aa  ’it.  prescribed by law, and circuit courts.  Section 3. The supreme court shall have exclusive appellate  jurisdiction in all casas involving the validity of a treaty or statute of tha United States, or of a statute or provision of the Constitution of this State, the construction of the revenue laws of this state, the title to any state office and in all cases where the punishment imposed is death or imprisonment for life. The court of appeals shall have general appellate jurisdiction in all cases except those within the exclusive jurisdiction of the supreme court.  Section 4. I. The supreme court shall ha** general superintending control over all courts and tribunals. Each district of the court of appeals shall have general superintending control over all courts and tribunals in its jurisdiction. The supreme court and districts of the court of appeals may issue and determine original remedial writs. Supervisory authority over all courts ia vested in the supreme court which may make appropriate delegations of this power.  2. The supreme court may a) point a state courts ministrator and other staff to aid in the administration of the courts, and it shall appoint a clerk of the supreme court and may appoint other staff to aid in the administration of the business of the supreme court Each such appointee shall serve at the pleasure of the court The clerk’s and administrator’s salary shall be fixed by law. All other appointees shall have salaries fixed by the court within the legislative limits of the appropriation made for that purpose.  3. In the event that six commissioners of the supreme court are not available to sit as a reapportionment commission as provided in sections 2, 3 and 7 of article III of the constitution of this state, a commission composed of six members appointed by the supreme court from among the judges of the court of appeals, shall serve in lieu of the commissioners of the supreme court. No more than two members of any division of the court of appeals shall be appointed to the commission.  Section 5. The supreme court may establish rules relating to practice, procedure and pleading for all courts and administrative tribunals, which shall have the force and effect of law. The rules shall not change substantive rights, or the law relating to evidence, the oral examination of witnesses, juries, the right of trial by jury, or the right of appeal. The court shall publish the rules and fix the day on which they take effect, but no rule shall take effect before six months after its publication. Any rule may ba annulled or amended in whole or in part by a law limited to the purpose.  Section 6. The supreme court may make temporary transfers of judicial personnel from one court or district to another as the administration of justice requires, and may establish rules with respect thereto. Any judge shall ba eligible to sit temporarily on any court upon assignment by the supreme court or pursuant to supreme court rule.  Section 7. The supreme court may sit in banc or in division* aa the court may determine. Any district of the court of appeals may sit at such places within the district and in divisions as th* judges of such district may determine. Each diviaon of the supreme court or of th* court of appeals shall be composed of not less than three judges, at least one of whom shall be a regular judge of the court. A majority ol a division shall constitute a quorum thereof, and all orders, judgments, and decrees of a division, aa to causse and matters pending before it, shall have the force and effect of those of the court.  Section 8. The judge* of the supreme court shall elect from their number a chief justice to preside over the court en banc, and the judges of the court of appeals in each district shall elect from their number a chief judge of the district. The terms of the chief justice and chief judges shall be fixed by the courts over which they preside. Th* chief  Cities of the supreme court shall the chief administrative officer of the judicial system, and subject to the supervisory authority of the supreme court, shall supervise the administration of th* courts of this •tate.  Section 9. A cause in th* supreme court shall be transferred to the court en banc when th* members of a division ar*  Xilly divided in opinion, or n the division shall so order, cxr on application of th* losing party whin a member of the division dissents from th# opinion therein, or pursuant to supreme court rule.  Section IO. Cases pending in the court Of appeals shall ba transferred to the supreme court when any participating judge dissents from the majority opinion and certifies that he deems said opinion to ba contrary to any previous decision of th* supreme court or of th* court of appeals, or any district of th* court of appeal*. Casas pending in the Court of Appeals may be transferred to the supreme court by order of tha majority of tha judges of th* participating  district of the court of appeals, after opinion, or by order of the supreme court before or after opinion because of th* general interest or importance of a question involved in the case, or for the purpose of reexamining the existing law, or pursuant to supreme court rule. The supreme court may finally determine all causes coming to it from the court of appeals, whether tty certification, transfer or certiorari, the same as on original appeal.  Section ll. In all proceedings reviewable on appeal by the supreme court or the court of appeals, appeals shall go directly to the court or district having jurisdiction, but want of jurisdiction shall not be ground for dismissal, and the proceeding shall be transferred to the appellate court having jurisdiction. An original action filed in a court lacking jurisdiction or venue shall be transferred to the appropriate court.  Section 12. The opinions of the supreme court end court of appeals and all divisions or districts of said courts shall be in writing and filed in the respective causes, and shall become a part of the records of the court. be available for publication, and shall be public records. The supreme court and the court of appeals may issue memorandum decisions or dispose of a cause by order pursuant to and as authorised by supreme court rule.  Section 13. The court of appeals shall be organized intc separate districts, the number, not less than three, geographical boundaries, and territorial jurisdiction of which shall be prescribed by law. Each district of the court of appeals shall be composed of such number of judges, not 1ms than three, as may be provided by law.  Section 14. (a) The circuit courts shall have original jurisdiction over all cases and matters, civil and criminal. Such courts may issue and determine original remedial writs and shall sit at times and places within the circuit as determined by the circuit court  (b) Procedures for the adjudication of small claims shall be aa provided by law.  Section 15. I. Ill* state shall be divided into convenient circuits of contiguous counties. In each circuit there shall be at least one circuit judge. The circuits may be changed or abolished by law as public convenience and the administration of justice may require, but no judge shall be removed from office during his term by reason of alteration of the geographical boundaries of a circuit. Any circuit or associate circuit judge may temporarily ait in any other circuit at tha request of a judge thereof. In circuits having more than on* judge, the court may sit in general term or in divisions. The circuit judges of the circuit may make rules for the circuit not inconsistent with the rules of th* supreme court  2. Each circuit shall have such number of circuit judges as provided by law.  3. The circuit and associate circuit judges in each circuit shall select by secret ballot a circuit judge from their number to serve as presiding judge. Th* presiding judge shall have general administrative authority over the court and its divisions.  4. Personnel to aid in the business of the circuit court shall ba selected as provided by law or in accordance with a governmental charter of a political subdivision of this state. Where there is a separate probate division of the circuit court, the judge of the probate division ■hall, until other wise provided by law, appoint a clark and other non judical personnel for tho probate division.  Section 16. Each county shall have such number of associate circuit judges as provided by law. Thar* shall ba at least on* resident associate circuit judge in each county. Associate circuit judges shall ba selected or elected in each county. In tho** circuits where th* circuit judge is ■elected under Section 25 of Article 5 of th* Constitution tha associate circuit judge shall ba selected in the same manner. All other associate circuit judges •hall be elected in the county in which they ere to serve.  Section 17. Associate circuit judges may hear and determine all caam, civil or criminal and all other matters aa now provided by law for magistrate or probate judges and may bo assignat! sucn additional caaea or classes of cases aa may bo provided by law. In probate matters th* associate circuit judge shall have general equitable hi ried lotion.  Section 18. All final decisions, findings, rules and order* on ady administrative officer or body existing under the Constitution or by law, which are judicial or quasi-judicial and affect private righto, shall be subject to direct review by the courts aa provided by law; and such review shall include til* determination whether the same are authorised by law, end in cases in which rn hearing is required by law, whether th* sam* ar* supported by competent and substantial evidence upon the whole record. Unless otherwise provided by law, administrative decisions, findings, rules, and orders subject to review under this section or which are otherwise subject to  direct judicial review, shall be reviewed in such manner and by aud: court aa the supreme court by rule shall direct end the court so designated shall, in addition to its other jurisdiction, have jurisdiction to hear and determine any such review proceeding.  Section 19. Judges of the supreme court and of the court of appeals shall be selected for terms of twelve years, judges of the circuit court for terms of six years, and associate circuit judges for terms of four years.  Section 20. All judges shall receive aa salary the total amount of their present compensation until otherwise provided by law, but no judge’s salary ahall be diminished during his term of office. No judge shall receive any other or additional compensation for any public service. No supreme, appellate, circuit or associate circuit judge shall practice law or do law business. Judges may receive reasonable traveling and other expenses allowed by law.  Section 21. Judies of the supreme court end of the court of appeals shall have been citisens of the United States for at least fifteen years, and qualified voters of the state for nine years next preceding their selection. Such judges shall be at least thirty years of age. Except es provided by section 6, judges of the court of appeals shall be residents of the court of appeals district in which they serve. Circuit judges shall have been citizens of the United States for at least ten years, and qualified voters of this state three years next preceding their selection, and be not less than thirty years of age and residents of the circuit for at least one year. Associate circuit judges shall be qualified voters of this state and residents of the county, at least twenty-five years old, and have such other qualifications as may be provided by law. Every supreipe, appellate, circuit, and associate circuit court judge shall be licensed to practice law in this state.  Section 22. Each district of the court of appeals shall appoint a clerk of the court and other personnel to aid in the administration of the business of the court. Their salaries shall be within the limit of the legislative appropriation for that purpose.  Section 23. Each circuit may have such municipal judges as provided by law and the necessary non-judicial personnel assisting them. The selection, tenure and compensation of such judges end such personnel shall be as provided by law, or in cities having a charter form of government aa provided by such charter. A municipal judge may ba a part-time judge except where prohibited by ordinance or charter of the municipality. A municipal judge shall hear and determine violations of municipal ordinances in one or more municipalities. Until otherwise provided by law, or supreme court rule, the practice, procedure, right to and method of appeal before and from municipal judges ahall be aa heretofore provided with respect to municipal courts. Associate circuit judges ahall hoar and determine violations of municipal ordinances in any municipality with a population at under four hundred thousand within th* circuit for which a municipal judge is not provided, or upon request of the governing body of any municipality with a population of under four hundred thousand within the circuit Section 24. I. There shall ba a commiaaion on retirement, removal, and discipline, composed at two citisens who are not members of the ber, appointed by the governor, two lawyers appointed by the board of governors of The Missouri Bar, one judge of the court of appeals to ba selected by a majority of tha judges of the court of appeals, and on* judge of th* circuit courts to ba selected by a majority of tha circuit judges of this state. The commiaaion shall receive and investigate all requests and suggestions for retirement for disability, and all complaints concerning misconduct of all judges, mam begs of the judicial commiaaion*, and of this commiaaion. No member of the commiaaion shall participate in any matter in which ha baa a personal interest. If a member ie disqualified to participate in any matter before the commission, the respective selecting authority shall select a substitute to ait during such disqualification. Of tha members Aret appointed, each of th* citizen member* shall ba appointed for a term of two years and each of tha lawyer members for a term of four years, and each of the judge members for a term of six years; and thereafter members shall be appointed for a term of six years.  2. Upon recommendation by an affirmative vote of at least four members of the commiaaion, the supreme court en banc shall retire from office any judge or •ny member of any judicial commission or any member of this commission who is found to be unable to discharge the duties of his office with efficiency because of permanent sickness or physical or mantel infirmity. A judge, except a municipal judge so retired shall receive one-half of his ragular compensation during tha remainder of hit term of office. Where a judge subject to retirement under other  proviaiona of law, has been retired under the provisions of this section, the time during which he wee retired for disability under this section shell count ae time served for purposes of retirement under other provisions of this Constitution or of law.  3. Upon recommendation by en affirmative vote of at least four members of the commission, the supreme court en banc, upon concurring with such recommendation, shall remove, suspend, discipline or reprimand any judge of any court or any member of any judicial commission or of this commission, for the commission of a crime, or for misconduct, habitual drunk-eness, willful neglect of duty, corruption in office, incompetency or any offense involving moral turpitude, or oppression in office. No action taken under this section shall be a bar to or prevent any other action authorized by law.  4. A judge is disqualified from acting as a judicial officer while there is pending an indictment or information charging him in any court in the United States with a crime punishable as a felony under the laws of Missouri or the United States, or a recommendation to the supreme court by the commission for his removal, or retirement, or after articles of impeachment have been voted by the house of representatives. A judge so disqualified shall continue to receive his salary.  5. On recommendation of the commission, the supreme court shall suspend a judge from office without salary when in any court in the United States he pleads  Silty or no contest to, or is Lind guilty of, an offense punishable as a felony under the laws of Missouri or the United States, or of any other offense that involves moral turpitude, lf he is suspended and his conviction becomes final the supreme court shall remove him from office. If his conviction is reversed end he is discharged from that charge by order of court or of the prosecuting officer, whether without further trial or after further trial and a finding of not guilty, his suspension terminate* and he shell be paid hia salary for the period of suspension  6. Recommendations to the supreme court by the commission shall be made only after notice and hearing. Rules for the administration of this section and for tha procedures thereunder ■hall be prescribed by supreme court rule unless otherwise provided by law.  7. Members of the commis*loci shell be reimbursed for their actual and necessary expenses incurred in the performance of their duties.  8. Additional duties shall not be imposed by law or supreme court rule upon the commiaaion on retirement, removal and discipline.  Section 25(a). Whenever a vacancy shall occur in tha office of judge of any of tha following courts of this state, to wit: The supreme court, the court of appeals, or in the office of circuit or associate circuit judge within tha city of St. Louis and Jackson county, the governor shall fill such vacancy by appointing one of three persona possessing th* qualifications for such office, who shall be nominated and whoa* names shall ba submitted to the governor by a nonpartisan judicial commiaaion established and organised aa hereinafter provided. If tha governor fails to appoint any of the nominees within sixty days after tha list of nominees is submitted, the nonpartisan judicial commiaaion making tha nomination shall appoint one of the nominees to fill the vacancy.  Section 26(b). At any general election the qualified voters of •ny judicial circuit outside tha city of St Louis and Jackson county, may by a majority of those voting on the question elect to have the circuit and associate circuit judges appointed by the governor in the manner provided for the appointment of judges to tha courts designated in section 25(a), or, outside tha city of 8t. Louie and Jackson county, to discontinue any such plan. The question of whether the circuit and associate circuit judges of •ny such circuit shall be so appointed shall ba submitted to the voters of each county in any circuit at tha next general election whenever petitions therefor signed by ten percent of the legal voters of each county in tha circuit voting for tha office of governor at the last election thereof •re filed in the office of secretary of state at least 90 days before such election. The question shall be presented es follows “Shall the circuit and associate circuit judges of tha .... judicial circuit be selected aa provided in Section 25 of Article V of tha Missouri Constitution? Yes □ No □ (Mark Ona)". Th* proviaiona of law with respect to initiative petitions shall apply insofar aa applicable relative to the certification of tho petitions to local officials by tha secretary at state, tha preparation, printing. publishing and distribution of tna judicial ballote required by this section, the holding and conduct of tha election, and tha counting, canvassing, return, certification, and proclamation of tha votes. If a majority of tha votes upon tha question are cast  in favor of the adoption in each county comprising tile circuit, tha nonpartisan selection of the circuit and associate judges shall ba adopted in the circuit. The question of selection of circuit end associate circuit judges in the manner provided in Section 25(a) shall not be submitted more often than once every four years. If any judicial circuit adopts the nonpartisan selection of the circuit end associate circuit judges under the provision* of this section, the question of it* discontinuance shall not be submitted more often than once every four years end may be submitted et any general election and shall be proceeded upon insofar es may be applicable in like manner as prescribed in this section for the original adoption of the plan.  The petition shall be in substantially the following form:  To the Honorable Officials in general charge of elections for  the county of........for    the  state of Missouri:  We, the undersigned, legal voters of the state of Missouri,  and of the county of.........  respectfully demand that the question of the discontinuance of the nonpartisan selection of the circuit and associate circuit judges be submitted to the legal voters of the.......judicial    cir  cuit, for their approval or rejection, at the general election to be  held on the day of......  ., A D. 19......  The ballot shall provide as follows:  "Shall the nonpartisan appointment by the governor of the circuit and associate circuit judges be discontinued in the . . . .......judicial circuit?  □ Yes  □ No  (Place an "X" in one square) lf a majority of the votes upon the question are cast in favor of such discontinuance in each county comprising the circuit, the nonpartisan selection of the circuit and associate circuit judges shall be discontinued in such judicial circuit.  If the nonpartisan selection of the judges be discontinued in any such judicial circuit, other than the city of St. Louis and Jackson county, the selection of such judga* therein shall ba made as otherwise prescribed by law. This section shall be self-enforcing.  Section 25(cKl). Each judge appointed pursuant to the provisions of sections 25(e)-(g) shall hold office for a term ending December thirty-firat following the next general election after the expiration of twelve months in the office. Any judge holding office, or elected thereto, et the time of the election by which the provisions of section 25(a)-(g) become applicable to hie office, shall, unless removed for cause, remain in office for the term to which he would have been entitled had the proviaiona of sections 25(a)-(g) not become applicable to hia office. Not leas than sixty days prior to tha holding of tho general election next preceding the expiration of hie term of office, any judge whose office ie subject to the provisions of section 26(aHg) may fila in tha office of the secretary of alate a declaration of candidacy for election to succeed himself. If a declaration ta not so filed by any judge, tha vacancy resulting from the expiration of hia term af of-fie* ahall ba filled by appointment aa herein provided. If such declaration ie filed, his name shall ba submitted at said next general election to the voters eligible to vote within the ■tate if his office la that of judy* of tha supreme court, or within the geographic jurisdictional limit of tha district where he serves if his office is that of a judge of the court of appeals, or within the circuit if hia office is that of circuit judga, or within tha county if hia office is that of associate circuit judge on a separate judicial ballot, without party designation, reading:  “Shall Judas .............................  (Here the name of the judge ahall be inserted?  of the ..............................................  (Here the title of the court shall be inserted)  be retain in office? Yes □ No □  (mark an X in tha box you prefer)”  lf a majority of those voting on the question vote against retaining him in office, upon the expiration of hia term of office, a vacancy ahall exist which shall ba filled by appointment aa provided in section 26(a); otherwise, said judge ehall, unless removed for cause, remain in office for tha number of years after December thirty-first following such election ae ia provided for the full term of such office, and at tha expiration of each such term ahall ba eligible for retention in office by election in the manner here prescribed.  Section 25(c) (2). Whenever a declaration of candidacy for election to succeed himself la filed by •ny judas or associate circuit judge under the proviaiona of this •action, tha secretary of alate •hall not Usa than thirty days before the election certify the name of said judge or associate circuit judge and the official ti ti* of hia office to the clerks of tha county courts, and to tha board* of election commissioners in counties or cities having such boards, or to such other officials as may hereafter ba provided by  Continued On Page 9   
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