Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Voters determine who is elected
or retained as a state judge
• All state judges in Missouri are accountable to
voters and the law.
• The process of selecting or electing judges is
prescribed by the Missouri Constitution.
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
A Quick History Lesson
on Judicial Elections
• 1776: Declaration of Independence addresses
problem of having the king control judges
• 1778: Early colonial years bring shift to
appointment process
• 1828: Jacksonian Democracy led to faith in the
election process
• 1930s: Political machines corrupt elections
• 1940: Missouri Non-Partisan Court Plan enacted
• 2004—Texas, Pennsylvania, Illinois continue to
see big money influence statewide judicial
elections
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
The Job of State Judges
Wanted: Experienced, licensed attorney with
thorough knowledge of the laws of Missouri. Must
serve as a courtroom umpire, rendering fair and
impartial justice, able to control the courtroom
while making decisions that impact individuals and
communities, businesses and families. Must be
able to determine punishments within statutory
guidelines. Must manage a docket, and must be
able to do all this in a manner that maintains
society’s respect for the law and the assurance of
fair day in court.
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
What are Qualities
of a Good Judge?
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Fair and unbiased
Respectful and efficient
Able to apply the correct law and rules
Treats parties equally regardless of race, sex or
economic status
• As for political issues: A judge cannot
pre-judge or announce how he or she would rule on a
certain issue
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Two Levels of Judges
• Trial level: Settle disputes between people or
determine the guilt or innocence of those charged
with a crime
• Appellate level: Determine if the trial court erred.
• Procedure
• Application of law
• Facts, if it involved a jury trial
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
The Missouri
Non-Partisan Court Plan
• The Plan is designed to select the best qualified
lawyers in the least political way
• The Plan creates a judiciary that is free to apply laws,
free from political or special interest pressures, and
free from fear of losing their job for doing what the law
requires
• The Plan is transparent to the public and accountable
to the people through judicial retention elections.
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Which Judges are Selected Under
the Non-Partisan Court Plan?
• All Appellate Judges
• Supreme Court of Missouri
• Missouri Court of Appeals (three divisions)
• Circuit and Associate Circuit Judges (trial-level judges)
in St. Louis City and County, and Jackson, Clay,
Platte, and Greene counties.
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Appointed by the Governor
• Balanced nominating commissions comprised of
lawyers, citizens and a judge work as a team to
screen applicants and forward names of the best
three to the governor
• Governor selects one to fill an open judgeship
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Nominating Commissions
• Appellate Judicial Commission: One judge on the
Supreme Court of Missouri, three lawyers (one from
each of the three districts of the Missouri Court of
Appeals), and three citizens (one non-lawyer from
each of the districts of the Missouri Court of Appeals)
appointed by the governor
• Circuit Judicial Commissions: The chief judge of the
Court of Appeals that includes the circuit of the
vacant position, two lawyers from the circuit, and two
non-lawyer citizens from the circuit appointed by the
governor
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Transparent to the Public
• The Supreme Court, within its constitutional rulemaking authority, has made the process more
transparent than Missouri’s Sunshine Laws require of
any other public position
• The names of all applicants interviewed and the
interviews are open to the public
– The applications of the top three candidates are already
made public
• Plus, the public is encouraged to nominate candidates
and are welcome to contact the governor or write
letters to the editor expressing their opinion on who
should be judge
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Accountable to the People
• After serving a minimum of 12 months, judges must
stand for a retention vote in the next general election
• Retention elections:
• Shall Judge X be retained - yes or no?
• No opponent
• Run on their record and reputation
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Benefits of a Retention Elections
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No campaign, unless there is active opposition
No fundraising
No unseemly or negative television commercials
Judge gets to do his or her job without taking time to
campaign and the dignity we expect of the judiciary is
not eroded
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Concerns with Retention Elections
• No one knows who the judges are
• Do they deserve another term?
• Terms:
• 12 years appellate
• 6 years for circuit judges
• 4 years for associate circuit judges
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Judicial Performance Evaluations
• A big part of the solution in collecting data to help
voters make informed decisions
• Committees of lawyers and non-lawyers evaluate each
judge chosen through the Non-Partisan Court Plan
– Juror and lawyer ratings are included
• Evaluation summaries, recommendations on retention
and other supporting material is distributed to the
public
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Your Community Decides
• The Non-Partisan Court Plan is available to any
county whose voters choose it
– Greene County was the most recent place to adopt it in
2008
• Most counties choose to elect their circuit court
judges
– In smaller communities, citizens are more likely to know
the judge
– Local campaigns require fewer contributions
– Plus, they are allowed to campaign for re-election
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Best of Both Worlds
• Missouri is a combination where local judged are
most often elected and appellate judges are
selected
• Missouri is a model for the nation as more than 30
other states have copied some form of our judicial
selection process
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
“It it’s not broken, don’t fix it.”
• No Plan is perfect, but it has produced a steady stream
of competent judges for the past 70 years.
• The Plan continues to be right for the people of
Missouri because it attracts high-quality judges in the
least political way and ultimately gives the people the
final say.
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102
Preserve The Plan that Works
• Any proposed changes should be closely evaluated
– Voters should ask whether it would make the Plan more
political or would it limit politics and build trust in the courts,
creating an environment more likely to support fair,
unbiased decisions and courageous judges who can stand
up for our rights?
• When changes would unleash partisan politics and big
money into the Plan, please join us in saying “no” to
protect the plan that affords all of us fair and impartial
judges
Paid for by The Missouri Bar Sebrina Barrett, Executive Director PO Box 119 Jefferson City, MO 65102