Missourians need fair
and impartial courts
Every day, Missouri’s courts decide thousands of cases where business contracts are enforced; where marital disputes are resolved; where property is conveyed; where wealth is transmitted through probate; where children and victims of domestic violence and other vulnerable people are protected; and where those accused of crime are tried.
Missourians depend on fair and impartial courts to provide stable and rational resolution of disputes. Missourians for Fair and Impartial Courts wants courts to remain accountable to the constitution and the laws of the state-- not to political pressure and special interests.
Missouri courts are important to:
Business
Fair and impartial courts are an important part of Missouri's economic engine. Trade partners from other states or countries are more likely to partner with Missouri companies if they know the courts are beyond the influence of politics and will apply the law fairly and consistently. Businesses expect courts to not be swayed by public opinion or interest groups.
Workers
A safe work environment depends on fair and impartial courts. Missourians expect the courts to deter discrimination in the workplace and apply the law fairly in settling disputes.
Children
Every child deserves to grow up in a safe and loving environment. When children are in peril, the courts are responsible for decisions regarding their well-being and protection. Vulnerable children rely on fair and impartial courts to safeguard their best interests.
Individuals with Disabilities
Missourians with disabilities deserve the access and protection that fair and impartial courts provide. Unfortunately, people with disabilities often face legal challenges to make decisions regarding their lives and can fall prey to abuse and neglect. The courts ensure Missourians with disabilities can live safe and productive lives.
Families
Missouri families expect and deserve fair and impartial courts that are free from politics and the influence of special interests. The courts decide important cases about the welfare of vulnerable children, the obligations of marriage and the protection of property rights.
Seniors
Missouri needs fair and impartial courts to protect its seniors- the greatest generation- from those who would abuse and neglect them and rob them of their life savings.
People Accused of a Crime
Often the measure of a good judicial system is based on how it treats those accused of a crime. A fair and impartial court system is essential to enforce the constitutional right to a fair and speedy trial with legal representation.
Crime Victims
Victims of domestic violence count on fair and impartial courts to help protect them from their abuser. Victims of any crime need courts to administer justice fairly and hold accountable those found guilty.
Students
Fair and impartial courts ensure all Missouri students are treated equally, no matter how much money their parents may have or where they live. Courts enforce the current constitutional requirement that public funds go to public schools.
Missouri Nonpartisan Court Plan
During the 1930s, the public became increasingly dissatisfied with the increasing role of politics in judicial selection and judicial decision-making. Judges were plagued by outside influences due to the political aspects of the election process, and dockets were congested due to time the judges spent campaigning.
Then, in November 1940, voters amended the Missouri constitution by adopting the "Nonpartisan Selection of Judges Court Plan," which was placed on the ballot by initiative petition. The adoption of the plan by initiative referendum resulted from a public backlash against the widespread abuses of the judicial system by the "Boss Tom" Pendergast political machine in Kansas City and by the political control exhibited by ward bosses in St. Louis.
The Missouri nonpartisan court plan, commonly called the Missouri Plan, since has served as a national model for the selection of judges and has been adopted in more than 30 other states.
Scope of the Nonpartisan Court Plan
The nonpartisan plan provides for the selection of judges based on merit rather than on political affiliation. Initially, the nonpartisan plan applied to judges of the Supreme Court; the court of appeals; the circuit, criminal corrections and probate courts of St. Louis city; and the circuit and probate courts of Jackson County. In 1970, voters extended the nonpartisan plan to judges in St. Louis County, and three years later, voters extended the nonpartisan plan to judges in Clay and Platte counties. These changes are reflected in the Missouri Constitution, as amended in 1976.
The Kansas City Charter extends the nonpartisan selection plan to Kansas City municipal court judges as well. Under the constitution, other judicial circuits may adopt the plan upon approval by a majority of voters in the circuit.
Nonpartisan Judicial Commissions under the Plan
Under the Missouri nonpartisan court plan, a nonpartisan judicial commission reviews applications, interviews candidates and selects a judicial panel. For the Supreme Court and Court of Appeals, the Appellate Judicial Commission makes the selection. It is composed of three lawyers elected by the lawyers of The Missouri Bar (the organization of all lawyers licensed in this state), three citizens selected by the governor, and the chief justice, who serves as chair. Each of the geographic districts of the Court of Appeals must be represented by one lawyer and one citizen member on the Appellate Judicial Commission.
Each of the circuit courts in Clay, Jackson, Platte and St. Louis counties and St. Louis city has its own circuit judicial commission. These commissions are composed of the chief judge of the court of appeals district in which the circuit is located, plus two lawyers elected by the bar and two citizens selected by the governor. All of the lawyers and citizens must live within the circuit for which they serve the judicial commission.
Filling Judicial Vacancies under the Nonpartisan Court Plan
Regardless of the commission handling the applications, the constitutional process of filling a judicial vacancy is the same. With any vacancy, the appropriate commission reviews applications of lawyers who wish to join the court and interviews the applicants. It then submits the names of three qualified candidates – called the “panel” of candidates – to the Missouri governor.
Normally, the governor will interview the three candidates and review their backgrounds before selecting one for the vacancy. If the governor does not appoint one of the three panelists within 60 days of submission, the commission selects one of the three panelists to fill the vacancy.
The People Retain a Say over Nonpartisan Court Judges
The nonpartisan plan also gives the voters a chance to have a say in the retention of judges selected under the plan. Once a judge has served in office for at least one year, that judge must stand for a retention election at the next general election. The judge's name is placed on a separate judicial ballot, without political party designation, and voters decide whether to retain the judge based on his or her judicial record. A judge must receive a majority of votes to be retained for a full term of office. If a judge retires or resigns during or at the end of his or her term, a vacancy is created, which will be filled under the Missouri Nonpartisan Court Plan as described above.
To inform voters about the performance of nonpartisan judges, lawyers participate in a judicial evaluation survey in which they rate those judges about whom they have personal and direct knowledge. They evaluate judges on important characteristics such as fairness, legal analysis skills, diligence and decisiveness. The purpose of this vote is to provide another accountability mechanism of the nonpartisan plan to ensure quality judges.
The results of this judicial evaluation survey then are distributed to the public via the media and the League of Women Voters. In 2006, for the first time, jurors in St. Louis also will have the opportunity to participate in the judicial evaluation survey for judges before whom they serve their jury duty.
The success of the plan in selecting qualified judges is evident from the fact that, since its adoption, the public has not voted any appellate judge out of office, and only two circuit judges have been voted out of office. Judge Marion D. Waltner of Jackson County was voted out in 1942. The other, Judge John R. Hutcherson of Clay County, was voted out in 1992 after receiving failing reviews from lawyers in the judicial evaluation survey.
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