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Breaking Into The Smoke-Filled Rooms In Missouri

February 26, 2009

Missouri was the first state to establish “merit” selection, but many state leaders believe the system is broken and needs significant reform.  The “Missouri Plan” was supposed to end politics in judicial selection, but 20 of the last 21 nominees to the state’s Supreme Courts have been Democrats or Democratic supporters and many have been members of the Missouri trial lawyers association.

While limiting eligibility to one political party is one way to end “politics,”  it’s hardly democratic.

Last month, legislation was introduced in the Missouri House (by Rep. Stanley Cox) and Senate (by Senators Jim Lembke) and Jane Cunningham) that would make the high court’s nominating commission less secretive, more accountable and less influenced by special interests.  These reform efforts promise to:

  • End Secret Selection:  Under the reform plan, the nominating commission for Missouri’s highest court would be subject to the same “sunshine” laws that apply to every other commission.
  • Reduce Influence of Legal Special Interests:  The current commission is dominated by the Missouri trial bar.  The proposed reforms would remove the Chief Justice from the commission and replace him/her with an additional lay commissioner, resulting in a 4:3 lay majority.
  • Allow Governor to Choose From a Wider Field:  Instead of presenting three nominees, the judicial nomination commission would send five to the governor, who could also reject the entire slate and request a new panel of nominees.
  • Create More Accountability:  The reform plan would shorten terms on the bench and re-stagger the appointments so Missouri citizens can better hold the governor accountable for his/her selections.

Better Courts for Missouri has a good rundown on the bills and will track their movement through the state legislature.

Posted by Dan Pero in the categories: Judicial Elections, Missouri, Trial Lawyers

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One Response to “Breaking Into The Smoke-Filled Rooms In Missouri”

  1. Reform Efforts Gather Momentum In Missouri | American Courthouse on April 20th, 2009 3:42 pm

    [...] the state House last week. For more info on reform efforts in Missouri, read my previous posts here and [...]