Vernon Countians to determine retention of appellate judges

By Marc Powers

Nevada Daily Mail

JEFFERSON CITY, Mo. -- Missouri voters will decide in November whether Judge Richard Teitelman is worthy of a full term on the state Supreme Court.

Vernon County voters will also help determine whether Judge Patricia Breckenridge, a Nevada native, and Judge Paul Spinden keep their jobs on the Kansas City-based Missouri Court of Appeals Western District.

Under Missouri's non-partisan court system, appellate judges are appointed by the governor from a list of three finalists vetted by a judicial commission. After appointees serve at least a year on the bench, they have to stand for retention at the next general election in order to win full 12-year terms. Judges nearing the end of their terms also are subject to retention votes.

Voters simply mark their ballots "yes" or "no" as to whether a judge deserves to remain on the bench. In the six-decade history of this system, no member of the Supreme Court or Court of Appeals has ever been voted out of office.

Because few appellate judges are household names, prior to judicial elections the Missouri Bar surveys lawyers who practice before judges up for retention to provide the public with a guide as to each judge's performance.

Bar president Bill Corrigan said it is important for voters to make informed decisions concerning those whose rulings affect their lives.

"We undertake this effort because so many Missourians are impacted by the courts," Corrigan said. "Therefore, it is critical we have a strong judiciary."

The bar survey rates judges on a five-point scale in five categories: courtesy, fairness, clarity, integrity and legal analysis. A score of one stands for "poor," while a five rating means "excellent."

Rounding to the nearest whole number, every appellate judge on the ballot throughout the state rated scores of four, or "above average," in each category.

Because the surveys are anonymously submitted, Corrigan said it is astounding that the lawyers scored all the judges so high and overwhelmingly endorsed the retention of each.

"These lawyers have no basis to do anything but tell the truth," Corrigan said.

Teitelman, who turns 57 on Saturday, is the only judge appearing on the ballot statewide on Nov. 2. Gov. Bob Holden, a Democrat, named him to the Supreme Court in February 2002.

Among lawyers surveyed, 80.8 percent recommended Teitelman's retention.

Only those voters who live in the 45 counties under the western district court's jurisdiction will consider the status of Breckenridge and Spinden.

Breckenridge, 50, was appointed by Republican Gov. John Ashcroft in December 1990. She served as an associate circuit judge in Vernon County from 1982 until her elevation to the appeals court.

On her evaluation, 88.9 percent of respondents favored her retention.

Spinden, 55, was appointed by Ashcroft in October 1991.

In the survey, 88.5 percent of lawyers endorsed his retention.

The complete results of the Missouri Bar survey are available at www.mobar.org.