Missouri's judicial selection process is in need of reform
Missouri Plan - Changing to elected judges would put the people in charge of their courts.
By James Harris
The Missouri Plan does not serve the people of our state. It should be renamed the Lawyers' Plan as it serves wealthy attorneys well but puts many Missourians at a disadvantage when they walk into a court room against an attorney who helped appoint the judge.
Unfortunately, personal injury attorneys have used their dominance of the current process to shape the courts for their own financial gain-selecting judges based not upon merit but upon their support for a lawsuit-heavy legal climate.
Currently in Missouri our state high court judges are selected not by the people, but through a commission where lawyers and a judge out number average citizens. The current commission meets behind closed doors, preventing the public from knowing how they pick our future judges. Readers should be concerned when one small fringe group like personal injury attorneys game the system to select judges.
Not only is it undemocratic, but it leads to higher insurance rates for all Missourians, pushes businesses out of our state, and costs us skilled physicians. The result is that organizations like the U.S. Chamber of Commerce and the American Tort Reform Association routinely give our state courts low marks. The U.S. Chamber ranked us 39th in the nation for judicial competency, while the American Tort Reform Association has twice named Missouri a "dishonorable mention" in their annual list of "judicial hellholes." When businesses look to relocate or expand, they look at many factors including the legal climate. Being named a "judicial hellhole" is not something any Missourian should want for our state.
Another problem with the current process is there is no real way for Missourians to fire bad judges. Retention elections are a farce. In 2006, when Judge Judy Draper was given one of the lowest ratings ever-a mere 27.5 percent of attorneys recommended she be retained-she was still retained by a landslide. Despite evidence that she was not a competent jurist, 59.93 percent of voters cast their ballots to retain her. As a matter of fact, no Supreme Court judge has been removed under the current system, even though Missouri is a bellwether state.
When our only means of accountability fails to rid our judiciary of a judge whom even the Missouri Bar admitted was ill-suited to serve, something is undeniably wrong. To avoid problems like this and encourage active participation from voters we need the active engagement by the people. This is why elections are uniquely suited to reform our courts; they will give the public a greater voice while at the same time encouraging thoughtful participation in the process.
Elections will also provide the benefit of a court that is more in tune with the needs of Missourians. Research by professors Chris W. Bonneau and Melinda Gann Hall for their book "In Defense of Judicial Elections" demonstrated that elected judges are more in touch with the people, more accountable and less activist. While judges may not like going door-to-door and speaking with the citizens whom they serve, the courts are here to serve all Missourians, not just the attorneys who currently select them.
We can eliminate the trial lawyer influence that has long tainted the reputation of our state's judiciary by giving the people a greater role in the judicial selection process. Instead of giving all of the power to one small group with a vested interest in shaping our courts for their own financial gain, we should be allowing the people of Missouri to decide. Judges do not answer to the people under the current system-they answer only to those who are privileged enough to choose them, and that is a shame.
Our proposed ballot measure is simple. It would allow Missourians to elect our high court judges, just like many in the state already elect their local judges. It also would shorten the term for appellate judges from 12 years to eight, eliminating the almost-guaranteed pensions of the current system. It is to be expected that judges will fight against this and any other measures for reform, as they gain financially and professionally by keeping the current system even though it is not in the best interest of the citizens they are paid to serve.
Elected judges will put the people in charge of their courts, make the process transparent and make Missouri more economically competitive. By eliminating the threat of frivolous lawsuits and helping to create a fair legal climate, the people of Missouri can attract family-supporting jobs and help create a solid foundation for future growth.
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