“Gosh, I’m really going to miss the endless barrage of campaign commercials and political attack ads,” said no one, ever. As the contentious 2016 election season comes to an end, one thing we can agree on is that we are all, equally, sick of the ads.
For the past three months while candidates for executive and legislative offices have filled our mailboxes and saturated our airwaves, you probably didn’t notice the absence of campaign material for Greene County judges.
Now that I have mentioned it, you may be curious to know why.
The ads were absent because in 2008 voters adopted the Nonpartisan Court Plan for the 31st Circuit.
As a result, judges in Greene County still run for retention, but they no longer run in partisan political races. It also means that voters have concrete, accessible information available before they cast their ballots and are no longer dependent on campaign commercials.
Nonpartisan plan judges may not have to run political campaigns, but that doesn’t mean they get off easy. A statewide committee of lawyers and nonlawyers evaluates every judge on the retention ballot. Familiar names on that committee are Brian Fogle of Community Foundation of the Ozarks, Katherine O’Dell of Baird, Lightner Millsap PC and retired Judge Miles Sweeney.
This indicates that our region is well represented in this important and extensive process.
The 21-member Judicial Performance Evaluation Committee is tasked with determining if each judge meets performance standards. Judges need to be fair and impartial, knowledgeable on the law and procedure, and they need to manage their docket to keep the wheels of justice turning.
The evaluation committee considers surveys, written opinions and biographical information of each judge. Members of the committee ultimately vote on each judge, recommending whether or not they should be retained.
A very important part of the process is gathering input from those in the best position to judge the judges: the people in the courtroom.
Surveys are provided to lawyers, litigants, witnesses and jurors.
The questions asked vary, depending on which group is being surveyed, but all seek to elicit information as to whether the judge displays fairness and impartiality and demonstrates competence in the law in rendering decisions. Since most voters don’t have direct contact with the judges, surveys provide valuable insight on their qualifications.
As an example of the criteria measured, surveys for jurors include 10 questions about courtroom conduct, such as:
• Did the judge clearly explain the legal issues of the case?
• Did the judge appear to be free from bias or prejudice?
• Did the judge appear to be well prepared for the case?
The results of the surveys, committee recommendations and other helpful information are available at YourMissouriJudges.org. There is also information about the evaluation process and a page for each judge with summaries of the surveys, background information and previous evaluations.
For someone like me who considers Election Day to be the most exciting 24 hours all year, voting in judicial retention elections is the best of both worlds.
In exercising my right to vote, I have access to relevant information helping me make an informed decision, without having to resort to campaign ads, many of which seem to have very little to do with job qualifications.
We are fortunate because 75 years ago, fed up with ugly judicial elections and the corrupting influence of big money, Missouri voters adopted the Nonpartisan Court Plan. The majority of states subsequently adopted variations so the model has become known as The Missouri Plan. But a few states continue to have partisan political races for all their judges.
I’ll bet they are sicker of the ads than we are.
Crista Hogan is executive director of the Springfield Metropolitan Bar Association. She can be reached at chogan@springfieldbar.com.
