Our legal and electoral systems are complex—even the most informed among us may not know all the details. In response to readers’ election questions, The St. Louis American is launching the “Unlock the Ballot” initiative to demystify down-ballot propositions and races for judges and school board seats. Now more than ever, St. Louisans need to be informed about lesser-known candidates and issues that may not make headlines but deeply affect our lives and communities.
Booker T. Shaw, a partner at Thompson Coburn, is a retired judge who spent over 25 years on the bench. He served on the Missouri Court of Appeals, Eastern District, as a Special Visiting Judge of the Missouri Supreme Court and is a former trial judge in the 22nd Judicial Circuit in St. Louis.
The native St. Louisan viewed his time as a judge as an act of service and continues to aid the community as a corporate litigator with one of the largest law firms in the state. As a litigator or a judge, Shaw has always approached his role with a broad-minded methodology in the interest of providing equitable justice.
Missouri Supreme Court judges serve 12-year terms, circuit judges serve 6-year terms, associate circuit judges serve 4-year terms, and municipal judges, who do not have to be lawyers, serve terms set by the municipality, but no less than two years. All judges in Missouri must retire at the age of 70…”
Shaw was inspired to become a lawyer by his older brother, Charles Shaw, who was once a federal judge. Booker didn’t have intentions to become a judge, but many became impressed with his intellect and adeptness at applying the law. He received several recommendations and decided to enter the process of becoming a judge.
Paths to the post
Depending on the state there are several paths to this post.
Some judges are appointed, others are elected, and many face voters to keep their seats. While federal judges are nominated by the president and confirmed by the Senate, state-level judgeships vary widely, with systems shaped by local laws, politics and public opinion.
In Missouri, the governor appoints judges from a pool of candidates vetted by a judicial commission. Missouri has over 400 judges and commissioners who are appointed by judges.
Missouri judges serve under the state’s Non-Partisan Court Plan and run in retention elections after their first 12 months on the bench and at the end of each term. The Non-Partisan Court Plan is a system that was adopted in 1940 that allows judges to be appointed based on merit rather than political affiliation. It also eliminated the practice of campaigning for the position.
Missouri voters petitioned to get the Nonpartisan Selection of Judges Court Plan on the ballot to amend the Missouri constitution to allow the selection process to be altered.
The Nonpartisan Selection of Judges Court Plan is also referred to as the Missouri Plan because the state was the first to implement the practice. It has served as a model for judge selection across the country and been utilized in a number of other states and even other countries.
Judges who are selected are up for retention election after their first 12 months and at the end of each term, the length of which varies by court level.
Missouri Supreme Court judges serve 12-year terms, circuit judges serve 6-year terms, associate circuit judges serve 4-year terms, and municipal judges, who do not have to be lawyers, serve terms set by the municipality, but no less than two years. All judges in Missouri must retire at the age of 70, though they can apply for senior status to continue hearing cases on a part-time basis.
Instead of retiring, Shaw went back to work as a litigator.
“…I was very fortunate. I had Mom and Dad at home. Both had good jobs. I was around professional people. I had mentors and heroes in the house. I grew up in The Ville neighborhood when it was a very thriving neighborhood.”
Shaw’s early life
He grew up in The Ville and is an alumnus of Sumner High School. Charles Shaw, Booker’s older brother was a lawyer and inspired him to pursue a career as a lawyer. In the Shaw household growing up, there was always respect for and appreciation of Black excellence.
“It wasn’t that my parents were civil rights activists,” said Shaw, “but we certainly took pride in the accomplishments of Black people.” He also knew that Black excellence was measured differently by some.
Shaw recalled a conversation with a former judicial colleague, Michael Cowell, who spoke with him about how some inaccurately believe that affirmative action results in getting diverse workers who are less qualified than others. But Shaw, in his attempt to explain faulty logic, stated, “in the corporate world, in the real world, for a Black person to be successful, they better be overqualified because you’re going to be judged on a different standard.”
But Shaw didn’t worry about others’ perceptions, as he was focused on doing his job and ruling the bench to the best of his ability, with fairness, equity and a degree of reasonable understanding.
Though he grew up middle class and had choices, Shaw understood that everyone wasn’t as fortunate and that if his life had taken different turns, he could have been on the other side of the bench. He kept that in mind regarding certain cases where it was evident the defendant needed a measure of consideration.
“That’s why I think it’s important to have a diverse panel of judges, you know?” Shaw said. “Because I understood that but for the grace of God, I could have been me in this person’s situation. I was very fortunate. I had Mom and Dad at home. Both had good jobs. I was around professional people. I had mentors and heroes in the house. I grew up in The Ville neighborhood when it was a very thriving neighborhood.”
Amany Rajab Hacking, Shaw’s first law clerk, who is now a partner at Hacking Immigration Law, recalls working with him as a valuable learning experience where she witnessed Shaw apply the law through thorough evaluation.
“What was incredible about working with him,” Hacking said, “was his different perspective he brought to every case and every proceeding. I think we looked at lots of different factors. What made his life and legal experience so significant is that he brought that all with him. He came from a different life, and I think when you bring that to a case, you can see it differently and maybe help reach a better decision knowing that you can see the whole thing, not just little pieces of it.”
Dealing with a first time offender
Shaw’s ability to parse through the details of a case paired with his awareness of the disparities in the judicial system aided in many decisions where he chose to take a holistic viewpoint. Shaw provided a key example of this, recounting a time when a certain defendant ended up in his courtroom.
While meeting with Judge Michael Calvin at Nikki’s wine bar years ago, they both witnessed Calvin’s pristine Monte Carlo pass by. The car, that housed Calvin’s expensive, personalized golf clubs, was being stolen. The thief wound up in Shaw’s courtroom. Instead of sentencing him to jail time, Shaw placed the defendant on probation and allowed him to pay for the clubs he’d pawned.
Some may have seen this as a very lenient act, but Shaw wanted to give a first-time offender an opportunity to right his wrong without jail derailing him from his life. Though Shaw understood the disparities in the judicial system that many agree work against the Black community, his rulings were guided by his aspiration to be of service as much as possible.
“I don’t have to think about being Black,” said Shaw. “Every day I look in the mirror and see what color I am. Or I walk out here in this world, and people remind me who I am. So, I didn’t have to engage in some analysis of my motivation or actions. I knew I brought my experiences with me. And so, it certainly informed my decisions when it was appropriate, as it does now.”
Wendy Todd is a St. Louis American Report for America corps member.