31 October 2012

How We Pick Our Judges: Missouri Style

Apparently some folks in the State of Missouri are not at all happy with the system they have for selecting judges. In Missouri, court vacancies are filled using an independent commission who sends candidates to the governor for his or her approval. Currently, the commission is made up of a Supreme Court judge, three lawyers selected by the Missouri Bar Association and three gubernatorial appointees who are not lawyers. Critics of the plan claim that this gives too much power to the Bar Association, which according to critics, are dominated by trial lawyers.

Under an alternative plan that will be on the ballot next Tuesday, the Supreme Court judge would be replaced with a forth gubernatorial appointee. But the fiercest critics of the judicial nomination system in Missouri are not endorsing this alternative plan, instead continuing their push for open and contested elections for all judges.

“The issue is very important,” said Gary Harris of the advocacy group Better Courts for Missouri. “Everyone wants access to fair and impartial courts and everyone wants judges who are impartial.”

A question for students to ponder. If the goal is indeed fair and impartial courts, is a push for elected judges really the answer?