June 28, 2012

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Court Reform: Proposed Changes to the Missouri Plan

Last week, I discussed a ballot initiative voters will see on the August ballot. This week, I will focus on a question slated to be on the ballot in November. Both of these were introduced in the Missouri General Assembly, heard in committees and fully debated on both the Missouri Senate and House floors. Senate Joint Resolution 51 is the result of several years worth of debate about the Missouri Court Plan. Our current way of choosing judges has been around since the 1940s. Supporters of the current system have said it has been the model for other states and should not be changed. Meanwhile, many states that have adopted the Missouri Plan have made changes to it or have abandoned it altogether. Unfortunately, Missouri has changed the plan since the 40s, and it is geared to favor attorneys who want to become a judge someday. Even though the secretary of states office has not yet approved this particular initiative, it is likely to happen later this summer and be

cleared for the November ballot. The goal of the initiative is to update the Missouri Court Plan. Currently, the Appellate Judicial Commission consists of seven members: one Supreme Court judge, a member of the bar from each appellate district elected by members of the bar in that district, and a non-bar member citizen from each appellate district appointed by the governor. Senate Joint Resolution 51 would replace the judge member of the commission with an additional member appointed by the governor. Members appointed by the governor would no longer be non-bar members. The governor would then appoint one member from each appellate district and one from the state at large. The appointed members would serve terms of four years. Their terms would be staggered so that the governor would appoint two when taking office and two during the middle of his or her term. The Missouri Supreme Court would then appoint a former Supreme Court or Court of Appeals judge to serve as a nonvoting member of the commission. The changes to the Appellate Judicial Commission would take effect on Jan. 15, 2013. The secretary of states office, as we told you in a column a few weeks ago, has approved 143 petitions for circulation in Missouri. If the secretary of states office approves these petitions, then additional questions would appear on the November ballot. The most important thing to do is to vote. As we celebrate Independence Day, let us also remember that a lot of folks have paid the ultimate price for us to keep our independence. We can thank them by exercising our right to vote.

Senator Stouffer serves the counties of Carroll, Chariton, Cooper, Howard, Lafayette, Macon, Ray, Saline, and a part of Clay. If you have questions or comments about this or any other issue, please call toll free (866) 768-3987 or by e-mail at bstouffer@senate.mo.gov.
bstouffer@senate.mo.gov | www.senate.mo.gov/stouffer State Capitol, Room 332, Jefferson City, MO 65101 | (866) 768-3987