Panel considers next Supreme Court judge

JEFFERSON CITY, Mo. -- A special panel began Tuesday to conduct interviews of candidates for the Missouri Supreme Court in secret, and an attorney questioned whether it was violating state law.

Various groups in government conduct certain business behind closed doors, but they generally still are required to provide public notice of when and where they are meeting privately.

The special judicial panel gave notice only that it would meet Tuesday and Wednesday somewhere in Columbia -- without a specific time or location.

The panel said Tuesday that it is not subject to the state's open meetings law because it's not a public governmental body.

Jean Maneke, a lawyer who focuses on media and Sunshine Law issues, disagreed and said the judicial selection panel should provide the same meeting notifications as the rest of state government. The commission was created by the constitution and is a governmental body subject to the Sunshine Law, as other boards and agencies are, she said Tuesday.

The Appellate Judicial Commission conducts business under certain Supreme Court rules. Those rules bar the commission from publicizing the names of people under consideration and make the meetings confidential, but they don't bar providing notice of meetings.

"There's nothing that says they do not have to meet the state law requirement that the body give notice of their meeting by date, time and place," Maneke said.

"There is some irony in the fact that a body who is selecting persons who will be interpreting the law at the highest level for all of us is very possibly breaking the law themselves," Maneke said.

But Beth Riggert, a spokeswoman for the Supreme Court and the judicial commission, said that by publicizing when and where the panel was meeting, it would contradict the rule requiring it to keep applicants' identities confidential, as people could then show up outside the door and watch who enters for interviews.

The seven-member commission includes the chief justice, three lawyers chosen by the Missouri Bar and three people appointed by the governor, who serve staggered terms.

The deadline to apply for the Supreme Court vacancy was July 9 to fill a spot opened when Ronnie White stepped down to return to private law practice. But the court has refused to release any information about the applicants, even concealing how many people applied and basic demographic facts.

Riggert has said because the selection process is confidential, sharing any details -- even a total figure -- could lead some to try to identify the applicants, and they could come up with an incorrect list.

The panel is charged with selecting three nominees, and the governor then must choose from that list. If he does not pick one within 60 days, the panel makes the selection.

Riggert said that once the panel chooses its three finalists, the court can release some demographic information about the full slate of applicants.