YOUR BUSINESS AUTHORITY
Springfield, MO
The Missouri legislature in this session faces a number of bills relating to opening the process by which the judges are selected for Missouri courts. Among those bills are Senate Bill 968 and House Joint Resolutions 49, 52 and 66.
Most relate to opening some portion of the selection process to public scrutiny, including information regarding applicants’ names, the Judicial Commission meetings to interview candidates and the applications of the finalists. ...
These are appointments to legal positions of extreme power and influence. The public has an obligation to provide input on these candidates.
Those opposing opening this process make a number of arguments. They argue that opening the process would keep persons from applying. But they fail to note that ... every candidate gambles on the outcome that their name will be selected and announced to the public.
Another argument offered – that lawyers fear losing their credibility with their clients and their co-workers if word gets out that they are seeking these appointments – is equally weak. Every time three candidates are selected, under the current system, two of those candidates end up having to go back to their clients and co-workers and admit they attempted to leave their current job but failed. This situation of having two losers in every race has been a fact since the system was established. In fact, it is not unusual for those same candidates to repeatedly submit their names and repeatedly be told they’ve lost. … That doesn’t seem to discourage such candidates from letting their clients and their co-workers know by their resubmission that they would love to have another job.
Serving in the judiciary in this state is a highly coveted privilege. While the current system has many good qualities, making some minor changes to make the process more open and accountable to the public can only strengthen the process.
—Jean Maneke, Counsel to Missouri Press Association
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