Missouri Elections
Judge selection fights pick up in Springfield
08:28 PM CDT on Tuesday, October 28, 2008
SPRINGFIELD, Mo. (AP) -- To critics, it is undemocratic and reeks of cronyism. Backers say it's "Missouri's gift to American justice." Now southwest Missouri voters will decide whether to appoint or elect their judges.
For the first time in 35 years, a Missouri county is considering whether to scrap the partisan election of judges in favor of a nonpartisan appointment process.
Although only Greene County voters will be casting ballots, the vote is being closely watched by those waging a statewide battle over whether to scrap the way judges are appointed to the Missouri Supreme Court, the state Court of Appeals and trial courts in the St. Louis and Kansas City metro areas.
Voters in 1940 approved a constitutional amendment creating what has become known nationally as "The Missouri Plan," versions of which have been adopted by many other states. It was an effort to reduce the role of politics in the judiciary and weaken the power of political machine bosses like Tom Pendergast.
Under the plan, nonpartisan commissions submit three nominees to the governor, who appoints one of them to judicial vacancies. The appointed judges then periodically face uncontested retention elections, in which voters decide whether to keep them on the bench.
The plan initially covered state appeals judges and trial courts in St. Louis city and Jackson County, and was later adopted by popular vote in St. Louis, Clay and Platte counties. Elsewhere, trial judges are elected on competitive partisan ballots.
Recently, the appointment process has come under fire, especially from Republicans who claim the nominating panels are too secretive, are dominated by trial attorneys and result in candidates who have occasionally been too liberal for the liking of Republican Gov. Matt Blunt.
Blunt, a Springfield resident, opposes Greene County's Question 1, which would replace popular election of judges with the nonpartisan selection system.
Missourians for Open and Accountable Judicial Selection, a Jefferson City-based group that has been critical of the judicial appointment process, gave $110,000 to the opponents of the Greene County measure. The donation last week accounts for about three-quarters of all the money raised by opponents, who are now running ads.
Larry Russell, treasurer of Greene Countians Against Question 1, declined to be interviewed about his group's opposition. But the group's Web site says trial attorneys would have too much control in picking judges under the appointment process. It calls the ballot measure "a way for liberal special interest groups to force their agenda through the courts."
The effort to adopt the Missouri Plan is being led by Greene Countians for Fair and Impartial Judges. Group co-chairman Chip Sheppard, a Springfield attorney who focuses on business and securities litigation, said supporters have been "ambushed" by the opposition and its ads.
"Their commercials are baseless, but they bought a lot of them," Sheppard said. "They tout openness and transparency in the court system, and they won't tell you who they are."
Sheppard said adopting the Missouri plan is a good idea because Greene County now has so many people that many residents don't know their judges. Plus, he said, campaigning is difficult for judicial candidates because they cannot promise to take certain actions on the bench or pledge to handle cases a certain way.
At the state level, the debate over how to select judges has generally been waged between The Missouri Bar -- the association to which all Missouri judges and lawyers belong as a condition of practicing law -- and opposition group Better Courts for Missouri.
James Harris, a former Blunt aide who is the executive director of Better Courts for Missouri, said voters need to consider whether they want to "import St. Louis city courts."
"It has become the modern-day Tom Pendergast -- a machine that operates in secrecy and an elite group hand-picks judges," Harris said.
Missouri Bar President Tom Burke said the association is watching but isn't advocating how Greene County residents should vote.
"It's their call, but we believe in the plan, that's for sure," said Burke, a personal injury attorney from St. Louis.
The ballot measure also has prompted an ethics complaint from a mid-Missouri man. Eric Moore, of Clarksburg, has accused the opposition group of not timely filing its organizational documents.
Russell said the group filed its paperwork on time and accused Moore of getting involved in a political issues that doesn't affect him.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
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