Thursday, July 10, 2008

Missouri Nonpartisan Court Plan Stands the Test of Time

On July 31st, Judge Stephen Limbaugh will leave his seat on the Supreme Court to accept his appointment to the federal bench. Our state courts will lose an excellent jurist. Because this is Missouri, we can be sure that Judge Limbaugh’s seat on the court will be filled by a highly qualified lawyer who will not be beholden to special interests or corporations. If this were Illinois or any of the 21 states that have contested elections for their state supreme courts, I could not say that.
In those states, voters have been barraged by demeaning political attack ads designed to destroy the opposing candidate’s credibility. Not only does the content of this type of ad encourage the public to think poorly of the targeted candidate, but the money behind the ads raises serious concerns. A 2007 Zogby survey showed that four in five business leaders worry that financial contributions have a major influence on decisions rendered by judges.
In contrast to these multimillion dollar judicial campaigns, Missouri has a better way of selecting judges to its appellate courts (and also for trial judges in St. Louis City as well as in Jackson, Clay, and Platte Counties). It is called the Non-Partisan Court Plan, and it consistently provides our state with excellent judges. The Plan is simple. Lawyers who want to serve as judges and who believe they are qualified submit their applications. A commission composed of lawyers and members of the public who are not lawyers review the applications, conducts interviews, and selects the top three candidates. The governor then fills the judicial opening by selecting the top candidate. After the new judge has served at least 12 months, the voters decide whether the Commission and the governor made a good pick by determining whether the judge should be retained.
No million dollar campaigns. No vicious attack ads. The Non-partisan Court Plan has served Missouri for nearly three quarters of a century, becoming a model for the nation. The beauty of the plan is that judicial candidates don’t have to curry favor of either political party or prowl about for campaign contributions. What judicial candidates do need are impeccable credentials, a strong understanding of the law, and the standing within the legal profession and their community to gain the trust and respect of others.
Because this is Missouri, the door is wide open to qualified lawyers and shuts out the worst excesses of partisan politics and special interest money.

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