Missouri Supreme Court renounces use of photograph for AG Schmitt’s political purposes

JEFFERSON CITY, Mo. – Late last evening, the Supreme Court of Missouri learned of a campaign mailer using a photograph of Attorney General Eric Schmitt and three of the Court’s judges. The mailer is for Schmitt’s candidacy for the United States Senate.

The photograph was taken by a member of the attorney general’s staff during a public event to which the judges were invited during the state’s bicentennial celebration last August. The judges attended the event in their official capacities to mark a moment of the branches of state government working together. Neither the Court nor its judges had any knowledge that the photograph would be distributed or used in a political context. Furthermore, none of the judges did – or ever would – consent to their names, titles or likenesses being used in any political context. Missouri citizens should know that no Supreme Court judge ever would or could endorse a political candidate and this photograph should not be taken as such an endorsement despite the implication created by the mailer.

Because they were selected pursuant to the Missouri Nonpartisan Court Plan, Supreme Court judges are prohibited by article V, section 25(f) of the Missouri Constitution from engaging in any political activity.

The judges are disappointed that this photograph was used, without their knowledge or consent, for such a blatant political purpose. They are reporting the incident as required by their judicial code of conduct and legal ethics.

Meanwhile, the Court has asked the attorney general’s office to delete this photograph and any others like it from the office’s public or social media accounts to help prevent any further inappropriate use of such images.