Leave it to the right wingnut controlled Missouri General Assembly to dismantle (that’s charitable) the one premiere good government policy in Missouri which is a model for the nation.

It’s always been a right wingnut goal to kill the Missouri Court Plan, a public good in the form of an independent judiciary.

HJR 60
Modifies provisions relating to the Nonpartisan Judicial Commissions
Sponsor: Hill, Justin (108)
Proposed Effective Date: 8/28/2021
LR Number: 2537H.02I
Last Action: 03/09/2021 – Public Hearing Completed (H)
Bill String: HJR 60
Next House Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar

The bill summary [pdf]:

HJR 60 — JUDGES
SPONSOR: Hill

This resolution specifies that judges of the Missouri Supreme Court and the Court of Appeals will be selected for terms of 16 years and will be limited to serving one term. The resolution also prohibits judges from directly or indirectly accepting any gift of any tangible or intangible item, service, or thing of value from any paid lobbyist or lobbyist principal. This resolution does not prohibit judges from accepting campaign contributions or from receiving gifts, family support, or anything of value from those related to the judges within the 4th degree of consanguinity or affinity. The resolution also provides that when there is a vacancy in the office of judge of the Missouri Supreme Court or Court of Appeals, the Governor’s appointment will require the advice and consent of the Senate.

Currently, “The Appellate Judicial Commission”, the nonpartisan judicial commission that nominates candidates for appointment by the Governor to the circuit court or associate circuit court, includes, among others, an attorney elected by the members of the Missouri Bar and a non-attorney citizen appointed by the Governor. This resolution modifies the provision to specify that, instead, the Speaker of the House of Representatives will select two members, one attorney in good standing and one non-attorney citizen, both of whom reside in the jurisdiction of the Western District Court of Appeals. The President Pro Tem of the Senate will select two members, one attorney in good standing and one non-attorney citizen, both of whom reside in the jurisdiction of the Eastern District Court of Appeals. The Governor will select two members, one attorney in good standing and one non-attorney citizen, both of whom reside in the jurisdiction of the Southern District Court of Appeals.

Currently, the “Circuit Judicial Commission” for each circuit includes five members, two of whom are attorneys elected by members of the Missouri Bar and two of whom are non-attorney citizens who reside in the circuit and who are appointed by the Governor. This resolution modifies the provision to specify that, instead, the Speaker of the House of Representatives and the President Pro Tem of the Senate will each select one member who is an attorney in good standing and who resides in the judicial circuit, and the Governor will appoint two non-attorney citizens who reside in the judicial circuit.

The provisions of this resolution are meant to amend the Missouri Constitution and shall take effect if approved by a majority of eligible voters in the state

Changes to the Missouri Court Plan in the bill text [pdf]

“…Whenever a vacancy shall occur in the office of judge of the supreme court or the court of appeals, the governor’s appointment shall require the advice and consent of the senate…”

This is not currently the case. If you like the political circus which now takes place in the U.S. Senate you’re just going to love this in Missouri if it comes to pass.

This current component of the Missouri Court Plan: “…The members of the bar of this state residing in each court of appeals district shall elect one of their number to serve as a member of said commission, and the governor shall appoint one citizen, not a member of the bar, from among the residents of each court of appeals district, to serve as a member of said commission…”

Is replaced in HJR 60 by this blatant political process, with an awkward and artificially divided geographic distribution: “…The speaker of the house of representatives shall select two members, one of whom is an attorney in good standing and one of whom is a non attorney citizen, both of whom reside within the jurisdiction of the western district court of appeals; the president pro tempore of the senate shall select two members, one of whom is an attorney in good standing and one of whom is a non attorney citizen, both of whom reside within the jurisdiction of the eastern district court of appeals; and the governor shall select two members, one of whom is an attorney in good standing and one of whom is a non attorney citizen, both of whom reside within the jurisdiction of the southern district court of appeals…”

If that ain’t an invitation to partisan abuse, nothing is.

The second rule of public policy: “If the “solution” to a non-problem is that convoluted then something is up, and it’s not good.”

Also, this current component of the Missouri Court Plan: “…The members of the bar of this state residing in the judicial circuit of such commission shall elect two of their number to serve as members of said commission, and the governor shall appoint two citizens, not members of the bar, from among the residents of said judicial circuit to serve as members of said commission…”

Is replaced in HJR 60, again, by a blatant partisan political process: “…The speaker of the house of representatives and the president pro tempore of the senate shall each select one member who is an attorney in good standing who resides in such judicial circuit; and the governor shall appoint two non attorney citizens who reside in such judicial circuit as members of such commission…”

Oh, no, that would never be partisan, right? Especially in Missouri.

The first rule of public policy: “If it ain’t broke, don’t fix it.”

This is not a new goal of right wingnuts in Missouri. It’s been on their wish list for decades. And we’ve covered this assault in the past.

Previously:

The Missouri Plan: In Plain English (October 31, 2007)

The irony impaired opponent of the “Missouri Court Plan” (January 31, 2008)

Attack on the Non-Partisan Court Plan (March 9, 2008)

The Missouri Court Plan (May 11, 2009)

The irony impaired opponent of the “Missouri Court Plan” – part 2 (May 13, 2009)