Judging the judiciary

The November election is approaching quickly, and in Vernon County, local candidates up for election are all unopposed; but that doesn't mean voters have no reason to go to the polls.

For one, voters will be asked to decide whether several appellate court judges should be retained. Many voters will have no idea who these judges are, much less enough information to cast a vote, one way or another.

In Missouri, judges must be licensed attorneys. As in Vernon County, most associate and circuit judges are elected in partisan elections; although some of the counties containing bigger cities have adopted a non-partisan plan.

But Missouri's appellate judges are appointed by the governor. In the 1930s, concern about corruption on the bench and the crime mob activities in places such as Kansas City, St. Louis, and Chicago led to the merit-based system in an effort to cut down on some of the corruption and political pressures on the judiciary, according to Shelly Dyer, who gave a presentation relating to how judges gain and retain office in Missouri at a September luncheon hosted by the Nevada/Vernon County Area Chamber of Commerce. Missouri adopted the plan for certain judges, including those in the state's biggest cities, the Missouri Court of Appeals and the Missouri Supreme Court in the 1940s, Dyer said. Other states seemed to like the idea as well, and Texas and Pennsylvania later adopted a similar system. Over the years, 34 states have enacted similar systems as well.

Dyer admits it didn't completely eliminate politics from judicial selection. "Any time you have people, there's political influence," she said, and went on to explain that a commission of seven people -- a supreme court judge, three lawyers (one from each of the state's three Court of Appeals districts) and three lay people appointed by the governor review applications, check for ethical complaints, interview candidates and review the records of those attorneys who apply for appellate court judgeships. The commission then sends three nominees to the governor, who has 60 days to appoint one of them. If no appointment is made during that 60-day window, the commission selects one of the finalists as the new judge. One year later, the people are given the opportunity to decide whether or not to retain the judge. Judges face a public retention vote again at the end of their term -- 12 years for appellate court judges.

To help voters make an informed decision about the retention of judges, the Missouri Bar Association evaluates judges and posts the information gleaned on its Web site, www.mobar.org, using lawyer surveys, juror surveys, and the judges' written opinions, judges appointed under the non-partisan system. Brief biographical information also is available.

Look for more information about other issues on November's ballot in upcoming editions of the Nevada Daily Mail. In addition to the local petition seeking to allow the Northeast Vernon County Schools to be annexed into the Nevada school district, there are two statewide propositions and three Missouri Constitutional amendments on the ballot; Proposition A, a measure that would do away with the authority of cities to enact earnings taxes; Proposition B, a measure known as the Puppy Mill Cruelty Act; Amendment 1, requiring county assessor to be an elected position in all charter counties, with an exception applying to Jackson County; Amendment 2, exempting "all real property used as a homestead by any Missouri citizens who are former prisoners of war and have a total service-connected disability" from property taxes; and Amendment 3, prohibiting new sales taxes on the sale or transfer of real estate.