OpinionNovember 25, 1991

Some good judges may face unfair justice in the near future. It may come in the form of voter wrath. Missouri's non-partisan court system has been running into some hard times. Judicial posts that used to handily earn an 85 percent retention rate have slipped to 59 percent. In some states, such as Illinois, 60 percent is the minimum required for judge retention. In Missouri, a simple majority is needed...

Some good judges may face unfair justice in the near future. It may come in the form of voter wrath. Missouri's non-partisan court system has been running into some hard times. Judicial posts that used to handily earn an 85 percent retention rate have slipped to 59 percent. In some states, such as Illinois, 60 percent is the minimum required for judge retention. In Missouri, a simple majority is needed.

Taxpayer frustration may be at the heart of this trend.

People are mad. They're mad at politicians and government in general. And there are few ways taxpayers can really vent that anger except at the polls.

Under Missouri's non-partisan plan, a number of judges face this retention vote: those on the Supreme Court, state Court of Appeals, and circuit and associate circuit judges in St. Louis and the counties of St. Louis, Jackson, Platte, and Clay.

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People have every right to vote against any officeholder. But a negative vote shouldn't be solely based on taxpayer frustration. Unfortunately, a survey commissioned by the Missouri Bar seems to indicate this trend. According to the statewide sampling, 35 percent of those surveyed didn't even remember seeing a retention ballot in the last election.

In response, the Missouri Bar is trying to publicize this problem, and encourage voters to learn more about the courts system. It's a noteworthy idea. Bar officials feel most people who have had dealings with the courts have a much higher opinion of the judges.

To this end, the judges themselves are making an effort to be more visible. For example, newly appointed Supreme Court judges Duane Benton and Elwood Thomas visited Cape Girardeau last week and met with representatives of the local news media. Such efforts are commendable.

Frankly, our state judges also are hurt by the actions of federal and U.S. Supreme Court judges. These judges are appointed for life, and citizens have no control over their future. A good example is the current desegregation debacle. Federal district court judges and court of appeals judges have ordered Missouri to pay nearly $1 billion for desegregation efforts in Kansas City and St. Louis. Appeal after appeal by Missouri has been turned down, and the state has little choice but to pay the bills. And that makes voters mad at the power of judges. Unfortunately, they may be venting their anger at the wrong people.

Missouri has some good men and women on the bench. But we need to learn more about them, and cast our ballots with knowledge, not emotion. This educational campaign by the bar association on Missouri's judges may be just what's needed to achieve justice in this matter.

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