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.
Tomorrow night, a panel of speakers will present at Westminster Christian Academy's Theater in Town & Country from 7-9. This event is free to the public.
Springtime in Missouri is beautiful. If you have never driven in or near the heart of the Show Me State, you need to take the time, and there is no time better than the weekend of May 19th.
More than just the usual political speeches, the Rally for Common Sense is bringing conservative activists from around the state and nation to Central Missouri out to a farm affectionately called the "Patriot Field of Dreams" for either a full day or full weekend of patriot speeches, fellowship and activities.
The stunning array of speakers includes such notable national figures as Ambassador, Alan Keyes, Herman Cain, Alphonso Rachael, PJTV, Joseph Farrah, World Net Daily, and former Missourian, Dr. Gina Loudon, Politichiks.
You will also hear from Missouri's new favorite civil liberties attorney, Dave Roland, Tea Party original, Michelle Moore, and many others.
Some of our favorite photojournalists including Moore and Rob Brenner will be joined by Alex Rife who will be producing a documentary film of the event.
In addition to being within ten minutes of the Missouri Capitol, perched high above the banks of the Missouri River, other notable attractions include Fulton, Missouri, home of both the historic William Woods University and Westminster College, the site of Winston Churchill's Sinews of Peace, better known as the "Iron Curtain Speech".
The outdoor display of the section of the Berlin Wall carved by Churchill's granddaughter sits right next to the churchill statue, both at the foot of the famous 17th Century Sir Christopher Wren designed, Church of St. Mary Aldermanberry imported stone by stone from London.
Finally, for the best kept secret in Missouri, the event is within minutes of Tonanzio's restaurant in Guthrie Missouri. Owned by the Dawson family, long time board members and even past Chairman of Safari Club International, the restaurant is one of the most unique dining experience you could ever have. The trophies collected from countless hunting expeditions around the world are expertly mounted and preserved in amazingly elaborate dioramas. If camping is not your style, they feature a theme room bed and breakfast.
Tickets are just $10 if purchased by this Saturday the 5th. Make a weekend of it, call it a staycation, or just make it a "one tank" day trip. Whatever you do, do not do anything less for your family on the 19th.
24th State is named for Missouri, the nation's political bellwether which has the honor of being the 24th state admitted to the union.
From Springfield to Kirksville, from Kansas City to St Louis, we cover the state's news, views, politics, rumors, and elections.
The site is a group blog, run by average citizens from across Missouri with a desire to get involved in the political process. The Editorial Board is a mix of Tea Party members writing collectively.