Top Republicans frustrated with Mo. court system

~ The "Missouri Plan" is supposed to be nonpartisan, but some think it favors Democrats.

JEFFERSON CITY, Mo. -- Missouri is not often known as a national trendsetter. In most things, the Show-Me-State ranks near the middle of the pack.

But in 1940, Missourians adopted a first-of-its kind judicial system. For appellate and urban trial courts, a special selection panel submits three nominees to the governor, who appoints one to the bench. The judges then stand for retention elections.

The intent is to remove partisan politics from the courtroom.

The system is known nationwide as the "Missouri Plan." Thirty-four other states have adopted some form of merit-based judicial system. Fifteen states have copied Missouri's judicial selection and retention processes, according to judicial watchdog groups.

Yet some of Missouri's top Republicans are frustrated with the model. At a meeting of the Missouri chapter of the Republican National Lawyers Association a week ago, there was talk of changing -- even doing away -- with the Missouri Plan.

Gov. Matt Blunt, U.S. Sen. Kit Bond and Missouri House Speaker Rod Jetton -- all influential Republicans -- each expressed concern about Missouri's judicial selection process.

"It doesn't appear to me that the nonpartisan court plan is working very well. It appears to be partisan," Jetton told the Republican lawyers.

A few minutes later, Blunt picked up the same theme.

"I know there's great concern with the courts," the governor said. "I share that concern as somebody who receives the list of potential judges from those panels."

Considering change

Some nominees have been to Blunt's liking, particularly those from the southern part of the state, he said. But some nominees for judicial vacancies in St. Louis and Kansas City haven't been for candidates he would have preferred.

"I don't think it's a very good system," Blunt said. "It's a system that would be difficult to change, but I'm certainly willing to consider changes to the system."

Bond suggested Missouri could consider a system similar to the federal government's, where the president appoints a judge who must be confirmed by the Senate.

The Republican trio believes the judicial selection commissions are submitting more Democratic nominees than Republicans because the selection panels are dominated by Democrats.

The seven-member Appellate Judicial Commission -- which nominates judges for the Supreme Court and three appeals courts -- is lead by Chief Justice Michael Wolff, a Democrat. And each of the other six members has contributed money to Democrats.

Three of the judicial commission members are appointed by governors, and Blunt is about to make his first selection. The other three are attorneys elected by fellow lawyers.

Proposed amendment

Wolff and former Chief Justice Edward "Chip" Robertson Jr., a Republican, both are defenders of Missouri's system.

Robertson and Wolff said the nominating panels do consider a governor's preferences. It's unlikely a conservative governor would be sent three liberal nominees, for example.

"It's nonpartisan, but it's not totally ignorant of who the governor is -- you have to take that into account," Wolff said.

Although its members have raised concerns, the Republican lawyers group isn't advocating for any particular change in Missouri's judicial selection system, said Michael Grote, the vice president of governmental affairs for the Missouri Chamber of Commerce and Industry who recently was elected head of the GOP lawyers group.

A proposed constitutional amendment by Republican Rep. Jim Lembke, of St. Louis, would alter the nonpartisan court plan by requiring Senate confirmation of judicial appointees and imposing an eight-year term limit on them.

To try to ward off such efforts, The Missouri Bar has been running broadcast ads praising Missouri's nonpartisan court plan.

"It just seems like in the past several years, there has been more threatening talk about changing the system in a way that would make it more political," said Missouri Bar spokesman Jack Wax.

Yet the Missouri Plan remains well-respected outside the state.

"Most observers do believe that the Missouri Plan has been very successful in reducing some of the excesses of partisanship and special interest activity that exists in some of the other systems," said Jesse Rutledge, a spokesman for the Justice at Stake Campaign, a Washington, D.C.-based group that supports an independent judiciary.

Like the grass, however, success sometimes seems more lush from a distance.