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PrintJEFFERSON CITY – A proposed constitutional
amendment that would alter the way a state committee picks Missouri
judges gained initial support in the state House of Representatives
on Tuesday.
The proposal, authored by Rep. Stanley Cox, R-Sedalia,
would change the Missouri Plan, a non-partisan system created in 1940
that allows for the selection of judges for the state Supreme Court and Court of Appeals.
Currently, to fill a judicial opening, a panel of seven people known as
the Nonpartisan Judicial Commission – composed of the state
Supreme Court chief justice, three lawyers selected by the Missouri Bar
Association and three residents selected by the governor – submit a
list of three candidates for the open seat.
The governor then selects one.
If the appointment is not confirmed by the governor within 60 days, the
decision is left to the panel. Similar systems exist in more than 30
states.
The revised Missouri Plan won first-round House
approval by an 82-72 vote during Tuesday's session with 20
Republicans and all but one Democrat voting against it. If Cox's
proposal is signed by the governor and ratified by Missouri
voters, the selection panel would gain a fourth citizen-representative,
who would be selected by the governor. The legislation would also
increase the number of candidates submitted to the governor to four
and allow the governor to reject the first list.
Judicial selections would also require Senate confirmation.
With Republicans dominating Missouri's upper chamber, various Democratic opponents to the proposal voiced concern that requiring Senate consent would inject partisan politics into a system designed to avoid that.
"In many, many years we have not had a failure in selecting
judges with this system," said Rep. Chris Kelly, D-Columbia said. "The
bill's supporters want a political judiciary, and that's all this bill
does."
Cox, in turn, said it would limit secrecy in the process
of choosing judges by making the name and professional background
of all judicial candidates public.
"Right now, it is a system
controlled by a small group of people who want to create a status quo,"
he said. "Like other parts of government, selecting judges should be a
more open process."
Kelly challenged Cox to name a bad state justice, saying there
were none because the Missouri Plan has worked and isn't in need of
change.
Other supporters praised the would-be constitutional
amendment for its ability to hold judges — who can dramatically change
policies in the state — accountable to public scrutiny.
"It just gives voters their right to have some say in the process," said Rep. Mark Bruns, R-Jefferson City. "Citizens should know who their judges are and have confidence that they will do the right things."
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