Judicial Selection in Missouri
Merit Selection and Retention through the
The Missouri Nonpartisan Court Plan
A matter of merit
What is Merit Selection?
What is Merit Retention?
• A process for selecting judges
based on their qualifications
and merit.
• A process for voters to decide
if a judge nominated by the
commission and appointed by
the governor should remain on
the bench.
 Retention election held
after first full year in office
and then at the end of
every term in office.
 Before the election, each
judge is evaluated by a
judicial performance
evaluation commission.
• A judicial nominating
commission screens
candidates and selects,
based on their merits, a panel
of nominees to recommend to
the governor.
• The governor selects one of
the nominees for
appointment.
Merit Selection
and Retention
The merit selection
and retention
process was
designed to reduce
outside influences
on the judiciary.
✗
Political pressures
Personal opinions
Popular opinions
Corruption
Other influences
Where Does Merit Selection Apply?
• 1940: Voters statewide adopt
the Missouri Nonpartisan Court
Plan into state constitution.
 Merit selection is required for the
Supreme Court of Missouri, the
Missouri Court of Appeals, and
trial courts in Jackson County
(Kansas City) and the city of St.
Louis.
 Voters in other counties can opt
into merit selection by local
initiative. Larger counties
generally have done so.
• Local voters switch to merit
selection for local judges:
 Early 1970s: Clay and Platte
counties near Kansas City and
St. Louis County
 2008: Greene County (Springfield)
SUPREME COURT OF MISSOURI
MISSOURI COURT OF APPEALS
SIX URBAN TRIAL COURTS
Thorough Process
 After applying, a judicial nominating commission
made up of lay people and lawyers vet the
applicants and determine which to interview.
 The names of all interviewees and the
commission’s interviews are open to the public.
 The commission then nominates three applicants,
based on their qualifications, to the governor. The
nominees’ applications are posted to the Internet.
 The governor has 60 days to appoint one of the
three to the bench.
Once appointed, how do judges
remain in office?
Voters decide!!!
The judge must be retained for
a full term and then stands for
retention to earn each new term.
Voting for judges
 Research demonstrates that the
voters often have trouble locating
available information about judges
and instead vote without much
information (Carnegie Report) …
if they vote for judges at all.
 Research conducted by The
Missouri Bar shows an increase
in voter participation in retention
elections since judicial
performance evaluation (JPE)
programs began in 2008.
Sample Ballot:
Judges Running in
Partisan Elections
Here, trial judges are running
against each other for a position.
Voting for one judge eliminates
the other candidates.
Sample Ballot:
Judges Seeking Merit Retention
Here, the judges are
not running against an
opponent.
Instead, the only
question is whether
the judge should stay
in office. Each judge
should receive a vote
of “yes” or “no.”
Once selected, how are judges
held accountable?
 Oath of Office – sworn to support, protect and defend the
United States Constitution and the Missouri Constitution
 The Appellate Process – judicial decisions can be
appealed to a higher court for review (appellate review)
 Judges must follow the constitution (federal and state),
statutes, case law (precedent), and rules (court and
procedural)
 Judicial performance commissions evaluate judges’
decisions and conduct in office and communicate their
findings with voters
 Retention Elections – voters have the final say
How are judges held accountable?
 Code of Judicial Conduct – standards of ethical conduct
for judges
 http://www.courts.mo.gov/page.jsp?id=703
 Complaints of misconduct – investigated by an
independent constitutional commission (Commission on
Retirement, Removal and Discipline)
 Judges can be disciplined (from reprimands to removal from the bench) for
violations of the code of conduct. Judges removed from office also lose their
pensions.
 Impeachment – handled by House of Representatives
 Judges can be impeached for crimes, misconduct, habitual drunkenness,
willful neglect of duty, corruption in office, incompetency, or any offense
involving moral turpitude or oppression in office