On Friday, February 14, 2025, the Missouri Independent reported that a bill had been introduced in the Missouri House targeting Republican Judge Cotton Walker of Cole County due to his controversial rulings. The proposal, initiated by House Speaker Pro Tem Chad Perkins, seeks to pressure Walker into a primary election or potentially remove him from the judiciary altogether, although it does not explicitly call for his dismissal.

Perkins, who represents Bowling Green, expressed dissatisfaction with Walker’s judicial decisions, labeling him as “Cotton Bader Ginsburg” and “Cotton Sotomayor,” alluding to prominent U.S. Supreme Court Justices Ruth Bader Ginsburg and Sonia Sotomayor. In an interview, Perkins stated that his bill aims to end Walker’s tenure as a judge, indicating a fundamental disagreement with Walker’s rulings.

The legislation, filed at the end of January, has not yet been assigned to a committee. If passed, it would restructure two of the four circuit judgeships in Cole County, giving lawmakers the authority to withhold Walker’s salary beyond 2026. Walker was first elected to his position in 2020, winning 72.5% of the vote in the Republican primary and facing no opposition in the general election.

Circuit judges in Missouri serve six-year terms, and Walker’s next election is scheduled for 2026. Before his election as circuit judge, he was an associate circuit judge elected in 2018 and served as a municipal judge in Jefferson City from 2011 to 2018.

In response to the proposed bill, Walker emphasized his commitment to judicial independence, fairness, and maintaining the dignity of the judicial office. In an email, he pointed to the Code of Judicial Conduct, which mandates judges to be impartial and avoid impropriety. He highlighted his dedication to serving the public and provided training for new judges, underscoring the importance of these ethical standards.

Walker’s rulings since taking office have sparked controversy, including decisions regarding the authority of the Highways and Transportation Commission, the Missouri Republican Party’s handling of a candidate’s filing fee, and the legality of a plaintiff’s standing in a lawsuit aimed at removing a marijuana legalization amendment from the ballot. Notably, his rulings have been upheld by higher courts in each of these cases.

Critics of the bill, including Dave Roland, director of litigation at the Freedom Center of Missouri, have voiced concerns that legislation aimed at removing a judge for disagreement over decisions undermines judicial independence. Roland argued that the primary consideration should be whether Cole County requires an additional judicial seat, suggesting that if one is not needed, the legislature could withhold funding for that position.

The Missouri legislature possesses the authority to create judicial positions, determining the number of circuit judges through statutory provisions. Lawmakers can also add a judicial position through appropriations when studies indicate a need based on workload reviews. Recent workload studies have indicated that several circuits meet the criteria for additional judgeships; however, these have not been included in formal budget requests.

Walker noted that Cole County’s judiciary has been under significant strain, particularly due to an influx of cases related to litigation against Bayer over allegations concerning medical issues linked to glyphosate, the active ingredient in Roundup. He emphasized the need for maintaining the current judicial structure amidst the growing caseload.

Perkins’ proposal seeks to redefine Walker’s judicial position, potentially relegating him to a role created by appropriation rather than statute. The Constitution prohibits the reduction of judicial salaries, and judges can only be removed from office under specific circumstances, including misconduct or incompetence, as determined by the Missouri Supreme Court.

For Perkins’ plan to succeed, the bill must first pass through the legislature and be signed by Governor Mike Kehoe. Following that, Perkins would need to persuade lawmakers to deny funding for Walker’s position after the expiration of his term in 2026. Perkins acknowledged that this scenario aligns with his intentions, indicating that the voters of Cole County will ultimately decide Walker’s fate.

The situation in Cole County is particularly significant, as it often serves as the venue for challenges to state laws and executive actions due to its status as the seat of state government. Legal experts have noted a historical trend of judges in Cole County ruling against the legislature’s authority, which has led to tensions between the judiciary and lawmakers.

 

 

Source: Missouri Independent