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 JudgesWanted: 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?

• 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 rule-

making 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

• 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