The Show-Me on Judges

Forty percent of Missouri voters believe, wrongly, that the justices of the state’s Supreme Court are appointed by the Governor and confirmed by the General Assembly. Nearly 90 percent are unaware that the Missouri Bar Association selects three of the seven people who serve on the Appellate Judicial Commission, which in actual fact has the most power in selecting judges. They pick three nominees from which the governor must choose.

And only a very few voters think the Missouri State Bar lawyers should have the greatest input on who serves on the Missouri Supreme Court.

Truth is, though, that the Missouri Bar has something of a lock on the whole process. It’s called the Missouri Plan. It’s been in operation since 1940. It’s supposed to be non-partisan. Bottom line is that lawyers are in control.

The people aren’t.

Like all governments, the state of Missouri shows a marked tendency to do as much business as possible behind closed doors. Especially the selection of judges.

Thankfully, a few individuals and groups are now bucking the system, groups like the Adam Smith Foundation and the Federalist Society. If you live in Missouri, you’ve probably heard about their legwork, research, publicity. And you’ve no doubt heard some nasty names thrown around, especially by the legal establishment at anyone who dares challenge The Missouri Plan.

Take a grain of salt. Remember: established power doesn’t like to give up power.

In Missouri, some sunshine piercing through the politics of judicial selection.

This is Common Sense. I’m Paul Jacob.

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