Courts shifting to Democrats

JEFFERSON CITY, Mo. -- With today's roster change on the Missouri Supreme Court, judges appointed by Democratic governors will hold the majority for the first time since the mid-1980s.

The tilt has garnered much attention, but in light of Missouri's nonpartisan process for picking judges and the court's traditional lack of ideological division, it hasn't been considered particularly significant.

Perhaps that also explains why a similar flip in majority on the state's intermediate-level court occurred last year with scant notice, even in the legal community.

In 2001, Gov. Bob Holden made two appointments to the Missouri Court of Appeals, which gave Democratic appointees an 18-14 advantage.

Although he keeps abreast of legal trends and issues, Cape Girardeau County Prosecuting Attorney Morley Swingle was among those unaware of the change.

"I think it is a tribute to our court system that people like me didn't notice," Swingle said.

The number of Democratic selections includes Judge Richard B. Teitelman, whom Holden has named to replace Judge John C. Holstein, a Republican appointee who retires today. Holden will pick Teitelman's replacement on the Court of Appeals.

Independent panel

Under the state constitution, an independent commission picks three candidates for an appellate court vacancy. The governor must make his appointment from that list.

Edward D. Hunvald, professor emeritus at the University of Missouri School of Law, said judges can be classified as conservative or liberal, but such labels speak more to judicial philosophy that partisan affiliation.

For example, a conservative judge may give great deference to legal precedent whereas a liberal judge may be more inclined to look for judicial solutions to address problems. Hunvald said judges in both parties fall into both camps.

The fact that Democratic appointees now hold majorities on the Supreme Court and Court of Appeals is attributable solely to the ability of Democrats to hold on to the Governor's Mansion since 1993. At that time, all seven members of the state high court and 24 of 32 judges on the Court of Appeals were selected by Republicans.

Similarly, when the GOP began its 12-year streak in control of the executive branch in 1981, Democrats held a 6-1 Supreme Court majority and a 25-5 advantage of the Court of Appeals, which at the time had two fewer members. Democrats had been governor for 32 of the previous 36 years prior to the change.

The appeals court is divided into three districts: the eastern, based in St. Louis; the southern, in Springfield; and the western, in Kansas City.

Democratic appointees have a 9-5 majority in the eastern district and a 6-5 majority in the western district. GOP selections have a 4-3 advantage in the southern district.

More diversity

Southern district Judge James K. Prewitt is the most senior member of the appeals court. He was appointed by Gov. Joseph Teasdale, a Democrat, in May 1979.

While witnessing the court's roster swing from one end of the political spectrum to the other and back again, Prewitt said he's noticed little impact on the court's opinions.

The biggest changes he's seen during his tenure are trends toward younger judges and more women and minorities on the court.

"The court is more diverse, and I think that's good," Prewitt said. "But I don't know if it has changed the decisions much."

When talking about court members, it is important to make the distinction between Democratic and Republican appointees and Democratic and Republican judges.

Just because a judge was named to the bench by a governor of one party doesn't necessarily mean he belongs to that party.

For example, four sitting judges from the Kansas City and St. Louis areas were picked for the appeals court by governors of one party after being appointed circuit judges by governors of the opposing party. Circuit court posts in the state's two urban areas are also chosen through the nonpartisan system.

Former eastern district Judge Stanley A. Grimm of Cape Girardeau was a Republican appointee in July 1987. However, he had been elected circuit court judge three times as a Democrat.

Since the judicial commission handed Republican Gov. John Ashcroft a list of three elected Democratic judges, Grimm said Ashcroft had name a Democrat.

Grimm, who left the bench in August 1998, echoed Prewitt in saying that politics plays little role on the Court of Appeals.

"There isn't a Democratic or Republican way to decide a burglary case, so what difference does it make what your politics are?" Grimm asked rhetorically.

mpowers@semissourian.com

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