New Greene County judgeship first local test of old approach

When new Associate Circuit Judge Ron Carrier is sworn in Nov. 15, he will become the first appointee of the 31st Circuit Judicial Commission under Missouri’s Nonpartisan Court Plan. The long-running plan, established in Article V of the Missouri Constitution, was adopted by Greene County voters in 2008, but it had yet to be tested.

Through an extensive review in October by a five-member cross-disciplinary commission, 16 original applicants were narrowed to a field of three nominees, which included Rob Aiken of Aiken Law Firm and Chantel Alberhasky of Alberhasky Law Firm PC. From those, Carrier was the final candidate selected Oct. 17 by Gov. Jay Nixon. Carrier is scheduled to hear his first case on the Greene County bench Nov. 18.

Despite a 25-year career that spans private practice and experience both as a Greene County prosecuting attorney and chief counsel for the Missouri attorney general, Carrier  recognizes the learning curve of his new position. He said he is approaching the job with an eye toward balancing the authority of a judge with his natural temperance.

“I had to admit to myself going into this position that I wouldn’t have all the answers,” he said. “And I want to make sure I don’t shy away from asking questions when I need to, rather than assuming I know all the answers.”

A closer look
The adoption and enaction of the Missouri Nonpartisan Court Plan was a long-sought initiative for Springfield Metropolitan Bar Association Executive Director Crista Hogan.

Hogan said the local 2008 public vote – which narrowly passed with 52 percent of the popular vote – came courtesy of lobbying efforts by SMBA members and state legislators.

First adopted in 1940 and designed to fight corruption in the larger urban centers, the Missouri Nonpartisan Court Plan process aims to increase transparency and accountability by forcing appointees to run for retention in elections, based on their performance, according to Hogan. Once appointed, sitting judges appear on the ballot every four or six years for renewal or removal via simple majority. The ballot voting guide includes a merit-based review of each judge’s performance, as determined by a Missouri Bar-appointed committee of six lawyers and six residents residing in Greene County.

Hogan said it has seemed like a long wait to try out the new process.

“It was implemented, the committee had been selected, the rules had been set,” she said.

“But it had never actually been used, since we haven’t had the opportunity to choose a new judge. But now we can say the process has been vetted, and that it’s successful. Ron’s appointment is very affirming.”

The new process bore a higher level of scrutiny for Carrier and the other candidates, and Carrier said he feels the process provided both the commission and the public with greater insight into their qualifications.  

“Much more than an election, I felt it resulted in me and the other applicants being exposed as individuals on our merits,” he said.

“The questionnaires we filled out required much more detailed information than the average voter gets in a 30-second sound bite on a TV ad.”

The most probing questions came from a county resident member of the commission, who asked, “What commitments have you made in your life?”

Carrier said for he and the other local applicants, providing those kind of answers so publicly – in front of the commission, the media and spectators from the general public – personally exposed the candidates in a different way. But it also sent a message.

“It told us, ‘We really want to know about you as a person, not just as a lawyer,’” he said. “Because who you are as a person will have just as big an impact on what you do on the bench as what you have accomplished professionally. This process has been very good in that regard.”

Growing need
The new judgeship to which Carrier has been appointed is a rarity in itself, as new seats are only added every 10 to 20 years. But in a 2007 Missouri Judicial Weighted Workload Study, the National Center for State Courts identified Greene County’s 31st Circuit Court as one of three in critical need of additional judges.  

In July – six years after that study and five years after the voters approved the Missouri Nonpartisan Court Plan – Nixon signed Senate Bill 100 and House Bill 215, which respectively created and funded the new seat. Hogan said Sen. Bob Dixon, R-Springfield, was instrumental in securing the funding for the new judicial seat, even in an environment of stagnant or shrinking state budgets.  

According to most recent information avaliable to Greene County Circuit Clerk Steve Helms, an associate circuit judge has an annual salary of $109,366.

Greene County Prosecutor Dan Patterson said the need for additional judges is real, but it will remain to be seen how the new seat will impact his felony caseload, which increased 180 percent between 1998 and 2012. As part of the public safety initiative supported by the law enforcement sales tax passed by voters in April 2012, the prosecutor’s office staffing is tied to the number of sitting judges.  

“It will definitely be a help to the court,” Patterson said. “As far as criminal caseload, it will depend on how often that docket meets as to how big an effect it will have on our office.”

Great expectations
Carrier said he will begin his new position with the goal of moving cases expeditiously, but he’ll be listening from all angles, with particular concern for the perspective of those who stand before his bench.  

“Some people have family, criminal or business issues that prevent them from moving on with their life,” he said. “Regardless of how large or how small a matter, those people feel that it’s the most important case in front of the judge at that point. And to them, it is.”

Carrier said he expects to lean on what he calls a well-seasoned bench of fellow judges as he learns the ropes of wielding the associate circuit gavel in criminal issues, including misdemeanors, traffic cases and felony preliminary hearings, as well as small claims civil cases. Greene County’s bench includes five circuit judges, five associate circuit judges and a rotating visiting judge. Additionally, Carrier also will hear cases as needed in juvenile and family drug court matters. Although he has yet to determine many of the nuts and bolts of the job, Carrier said he is committed to bringing both empathy and gravity to each case brought before him.

“Really, anything a judge handles is a serious matter,” he said. “That’s how it should be.”