Reform Missouri's Broken Court Plan

In 1945, Missouri adopted an ambitious attempt at creating a “non-partisan” judicial branch by creating a new system of appointing judges that is far removed from voters and even elected officials.

The Missouri Plan, as it has come to be known, was intended to keep the Pendergast Political Machine from influencing judicial selection. Today it has enshrined a different political machine with inordinate power and ensured Missouri voters have as little say as possible in the selection of Missouri judges.

The Plan creates a commission of seven members – the Appellate Judicial Commission – which accepts applications for all open judgeships. They conduct interviews (then play internal politics) and submit three names to the Governor for appointment. The Governor must pick one or else the Commission chooses instead.

Who is on this Commission? Likely no one the average Missouri voter has ever heard of, and definitely no one they elected. The Governor appoints 3 citizen members. They are the closest to voters since they are appointed by an elected official, but they are outnumbered.

The Missouri Bar Association appoints three members. Only their members have a say in who those appointees will be. These trial lawyers have a vested interest in nominating judges who will favor their cases.

Three citizens, and three lawyers. Who breaks the tie? The seventh member of the Commission is the Chief Justice of the Supreme Court – who, wouldn’t you know it, is a member of the Missouri Bar Association.

The only say that Missouri voters get in their Supreme Court is to vote – once very ten years – whether a judge should be retained in their role. But in these low-information elections over 95% of judges win their retention and even a judge that the Bar Association deemed “unfit” took three elections to oust.

The system is unfair to voters and creates a judiciary that does not reflect the values of average Missourians seeking justice.