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In 1940, Missouri introduced the nation to the merit selection of judges. Since then, the Missouri Nonpartisan Court Plan has provided qualified appellate judges dedicated to the law, and not to a specific political agenda. It has been called Missouri s gift to the nation, and nearly two-thirds of the states have adopted it in some form.
Over the last 70 years, special interests have consistently sought to recover the power to select judges. Their latest power play pushes the federal model to replace our merit selection systems, a move designed to increase politicians control over the judiciary.
The main feature of merit selection is that the power of judicial selection is spread out among a variety of groups: governors, lawyers, judges, the public. The public has a real and direct voice in judicial selection. A nominating commission that includes three citizens recommends three candidates to the governor, and the governor chooses. Then voters determine whether to keep the judge at elections. The public participates directly in selection and in retention.
This spring, Kansas Gov. Sam Brownback signed a bill passed by politicians to replace merit selection with Washington, D.C.-style gridlock for Kansas appellate court. Interestingly, the same politicians have been reluctant to ask the people of Kansas to change the selection process for their Supreme Court, which is controlled by their constitution, not statute.
But is the federal system a better system? Let s look at the details. The Washington,beats headphones, D.C., model gives the president sole appointment power, where the Missouri Plan s nominating commission means power is dispersed among interests that differ by region, by profession, by specialty and, most important,monster headphones,monster headphones Smoking out a killer 429, by the politics of the time they are elected or appointed.
Supporters also claim the Washington, D.C.,beats by dre, model is more accountable because of Senate confirmation. But the Missouri Plan is directly accountable to the voters, not just their elected officials. Plus, the Missouri Plan lets voters routinely decide if they want to keep a judge on the bench, rather than the lifetime appointments doled out in the nation s capital.
Under the federal system judges are vetted and approved only by professional politicians. The public has no direct say. Under the Missouri Plan, the public is an integral part of the system.
Even a recent poll by the Kansas Policy Institute shows that a majority of Kansans prefer their merit selection system. So why, despite all these bad reasons, would someone abandon the Missouri Plan? Simply put, moneyed interests want their consequential ear of the executive to carry more weight when it comes to picking judges.
Many federal judicial positions currently are vacant because of politics. These judgeships are used as political tokens to be traded for some other legislative favor. Meanwhile, federal court dockets grow longer and longer. Politicians may benefit but at the expense of the public wanting their day in court. After knowing all this, it s hard to imagine why anyone would want to be more like Washington, D.C.
Last November, three out of four Missouri voters rejected efforts to change our nonpartisan, merit-based judicial selection system. Together, the states with and working toward merit selection stand to keep the judicial system from becoming a political weapon for moneyed interests. We believe judges should be referees, not combatants for any cause except the rule of law.
As others stoke the fires of fear when it comes to merit selection, we will resist their call to be like Washington, D.C. We will do so because we are Missourians. The Missouri Nonpartisan Court Plan belongs to the people of Missouri, and we must not let politicians and out-of-state special interests with big money steal it. |
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