Good lawyers know the law; great lawyers know the judge. ~Author Unknown
Last week representatives once again voted on an issue that at first seems complex, but ultimately breaks down to a question of the fundamental principles of governance. SJR 51 puts changes on the ballot in the way our state selects judges.
In 1940 Missouri was the first state to adopt a new way of selecting judges with a “non-partisan” 7 member commission. As a result, this idea has been named the “Missouri Plan.” In MO, this commission is comprised of three non-lawyers appointed by the Governor, 3 lawyers selected by the MO Bar and 1 Supreme Court Justice selected by the Supreme Court (i.e. another lawyer). The Commission gives 3 options to the Governor for whom to select as Judge for any open seat on the court. The Commission can continue to resubmit passed over selections to the Governor giving him very little choice in who he selects to the judiciary. The commission members are selected for 6 year terms, as opposed to the 4 yr terms of Missouri’s Governor and Senators.
SJR 51 makes several significant changes. First, SJR 51 requires the commission to give the Governor 4 options instead of 3 to fill a vacancy. Second, and more significantly, it takes the seventh position currently chosen by the Supreme Court and gives the selection to the Governor, thus giving him the option to select 4 of the 7 commissioners. Third, it shortens the commission’s term from 6 to 4 years.
What do these changes have to do with the fundamental principles of governance? SJR 51 swings the balance of power in the commission from unelected lawyers to an elected, accountable Governor. The Declaration of Independence states that “Governments are instituted among Men, deriving their just powers from the consent of the governed.” Furthermore, Article 1 section 1 of the Missouri Constitution states “That all political power is vested in and derived from the people; that all government of right originates from the people.” Thus, all officers of the government should be selected in such a way that they are accountable, first to the Rule of Law or the Constitution, and secondly to the will of the people. As the third branch of our state’s government, it is absolutely imperative that members of the judiciary be accountable to those from whom they derive their just powers. In the current plan, a majority of the commission selecting MOs judges is chosen not by the people or their representative(s), but by the Missouri Bar Association, an unelected and unaccountable society of lawyers. This plan, combined with the fact that the judiciary in MO is self-policed (judicial discipline is handled by another unelected commission and any impeachment is tried by the Supreme Court) gives ample opportunity for legal cronyism. SJR51’s small changes take the swing vote away from unaccountable lawyers and give it to the Governor who can be held accountable by the electorate for bad judicial appointments.
SJR 51 is a constitutional change and will be on the November ballot this year. There will be a lot of money spent attempting to convince voters that allowing lawyers to choose the judges in front of whom they present cases is less corrupt than allowing the people’s elected Governor the swing vote. This year our state has the chance to regain some accountability in our third branch of government.
