This article first appeared in the St. Louis Beacon, May 1, 2012 - The Missouri Senate approved a constitutional amendment to change the state’s nonpartisan court plan, a big step toward getting the issue before voters this year.
State Sen. Jim Lembke’s measure – which passed on Tuesday by a 19-12 margin – modifies the composition of the Appellate Judiciary Commission, which selects judges for the Missouri Supreme Court and the Missouri Court of Appeals. Currently, the commission has three attorneys elected by the Missouri Bar and three laypeople appointed by the governor. The commission also includes the chief justice of the Missouri Supreme Court, giving attorneys a 4-3 majority on the commission. When a vacancy comes up, the commission submits three nominees for a governor to select one.
Lembke’s amendment would replace the judicial member of the commission with a layperson, giving gubernatorial appointees a 4-3 majority. The amendment would allow for a retired judge to serve as a non-voting member of the commission. Additionally, the amendment would stagger the terms of the laypeople so that a governor could appoint all four members during his term. It would also increase the number of nominees from three to four.
Passage of the amendment out of the Missouri Senate is a significant milestone for critics of the “Missouri plan.” Lawmakers such as Lembke have pushed for changes for years, only to be stymied by filibusters in the Missouri Senate.
Critics of Lembke’s amendment argue that the new configuration of the commission politicizes the process, giving more control to the governor to make appointments.
But Lembke, R-Lemay, told the Beacon last week that the amendment provides more accountability because a governor’s appointees will have a majority on the commission. He noted “that people can point to someone who’s been elected to say ‘you’re responsible for this individual serving on the bench.’”
Even some opponents of Lembke’s amendment – such as state Sen. Jack Goodman, R-Mt. Vernon – said during debate last week that the proposed amendment could forestall wholesale changes to the plan, such as direct elections of judges.
If the Missouri House passes Lembke’s amendment without any changes, it will go before the voters -- most likely in November.
Steelman endorses changes
Before the Missouri Senate voted on Lembke’s amendment, Sarah Steelman – a former state treasurer now running for the U.S. Senate – released a statement supporting the measure.
"Under our current plan, members of the Missouri Bar and the chief justice of the Supreme Court can control the list of individuals from which the governor can pick his nominee,” Steelman said in a statement. “It is unusual in a democratic system of government that one branch can pick its own successors. I believe the modifications, which must be approved by a vote of Missourians, make for a fairer system. The new plan will recognize that lawyers and judges are experts in the law, but justice is the concern of all Missourians.”
Steelman – who would vote on a president’s judicial nominees if elected as a senator – added that the “best way to assure accountability is to give the people a voice on who those judges are. The people's voice in the process is who they elect governor.”
While the proposed amendment is a state issue, it’s not unprecedented for U.S. Senate candidates to weigh in on ballot items. U.S. Sen. Claire McCaskill – a Democrat who will face either Steelman, U.S. Rep. Todd Akin, R-Wildwood, or businessman John Brunner in the fall – strongly backed a 2006 constitutional amendment barring the General Assembly from restricting embryonic stem cell research.
GOP candidate for governor Randles calls for overhaul
Bill Randles, a Republican candidate for Missouri governor, took exception late Tuesday to Steelman's endorsement of the proposed amendment.
Randles objects to the proposal because he says it fails to go far enough.
"The misleadingly named 'Missouri Non-partisan Court Plan' should be scrapped, not patched," he said. "...The Senate resolution is an improvement, but open elections for circuit judges -- as we have outside of our urban areas -- would be a better option. Appellate judges could then be nominated from the elected circuit judges and confirmed by the Senate. Retention elections, with meaningful information provided to the public, would maintain accountability for the appellate judges.
"I believe in an independent judiciary, not an unaccountable one," he added. "The Missouri Plan results in a judiciary selected in backrooms with information given to the public controlled by those with the most to gain -- politicians and the bar. ..I applaud the Senate for trying to improve this broken system, but it does not need duct tape -- it needs to be replaced."
