The Politics Of “Non-Political” Judicial Selection In Missouri
April 2, 2009
Proponents of “merit” selection have always held up Missouri’s Supreme Court as the ne plus ultra of non-partisan judiciaries. While justices in some other states must sully themselves by actually interacting with the people they serve (otherwise known as campaigning), Missouri’s high court judges stand serene and aloof, above the political fray and accountable to … well, to no one actually. So much for that fantasy.
Yesterday, Better Courts for Missouri filed a Sunshine Law request after learning that sitting court members are “actively lobbying members of the Missouri General Assembly” to defeat reform legislation that would make state courts more open and accountable. The group supports legislation currently being debated in the Missouri legislature that would require Missouri’s judicial selection commission to come out from behind closed doors; reduce the influence of legal special interests on the panel; and make the court more accountable to the people.
“Our efforts to add transparency to the Missouri Plan should be debated by our legislators and by the people of Missouri,” said Executive Director of Better Courts for Missouri James Harris, quoted in a press release. “These modest changes to the Missouri Plan should not be actively opposed or supported by the judiciary using state monies.”
Neutral observers have long argued that the Missouri Plan is broken. While “merit” selection was supposed to end politics in judicial selection, 20 of the last 21 nominees to the state’s Supreme Courts have been Democrats and many have been members of the Missouri trial lawyers association. Now we have sitting court members actively lobbying political leaders to defeat a modest reform bill to make their selection more transparent. Isn’t it time for “merit” selection proponents to drop the pretense that this system removes “politics” from the judiciary?
Posted by Dan Pero in the categories: Judicial Elections, Missouri
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[...] to require the judicial nominating commission to come out from behind closed doors passed the House last April. However, the Senate adjourned without taking action following a furious lobbying campaign to [...]