The organization of the courts of Missouri

Abstract

This thesis details the history of the court organization of Missouri and offers conclusions about its problems. Perhaps the most important defect in the judicial system of the state has been lack of coordination. The constitutions have established a very simple system of courts, suitable only for the most sparsely settled parts of the state. The theory was that the legislature would establish additional courts where it was necessary. This practice resulted in great confusion, and in courts with overlapping jurisdictions. Until the adoption of the constitution of 1875, probate courts were established by special acts. Frequently the probate court of one county had a different jurisdiction from that of another county. The constitution of Missouri that was adopted in 1875 is in a great many ways entirely unsuited to the needs of the state. One reason advanced for the refusal of the legislature to adopt the suggestions of the Code Commission was that any change made under that constitution could amount to little more than a makeshift, and that it was better to have things as they were till a new constitution could be adopted.