This article first appeared in the St. Louis Beacon, Nov. 16, 2010 - Judges are an extremely important part of our system of government – we have entrusted them with the authority to decide cases that intimately and profoundly affect our lives. The decisions they make affect our fundamental rights, like the right to equal protection of the law and the right to criticize our government. Judges can make the difference between a stable and predictable economic climate or one where good family-supporting jobs are moving to other regions.
It is therefore critical that Missouri’s judicial branch be committed to openness, independence, accountability and excellence. The only way to do that is to ensure that the process for choosing Missouri’s judges is ethical and committed to the same ideals.
Unfortunately, the current process for choosing our state’s Supreme Court judges is broken and failing to meet the needs of everyone but a group of elite special interests and greedy trial lawyers.
Most Missouri judges are directly elected by the people of Missouri. But Missouri’s citizens are shut out from the process of choosing Supreme Court judges and judges in St. Louis. These judges are nominated by an extremely politicized commission dominated by lawyers. Four of the seven members of the Appellate Judicial Commission have ties to the Missouri Association of Trial Attorneys, giving that organization a tremendous ability to shape our courts.
These wealthy and well-connected lawyers, all part of the same insiders’ club, are allowed to make nominations behind closed doors, shielded from any method of accountability. Their nominations are based on political friendships as well as ideological and financial considerations, not on the issues that really matter, like judicial competency. This system no longer serves all of Missouri, just a small and very privileged portion of the legal industry.
How can we solve this problem? The simplest and most effective way would be to adopt judicial elections, putting the people in charge and kicking out the special interests that currently run the show.
Voters in St. Louis get to vote for governor. Voters in St. Louis get to choose their own legislators. Voters in St. Louis decide who sits on the local school board. Most of Missouri already elects most judges. Why should citizens of St. Louis not get to vote for their judges? There is reason to believe elected judges would better serve the interests of Missourians across the state by increasing accountability and independence, and reducing corruption.
A Harvard study by James E. Alt and David Dreyer Lassen found that elected state Supreme Court judges are associated with lower corruption rates, while a University of Chicago Law School study conducted by Stephen J. Choi, G. Mitu Gulati and Eric A. Posner found that elected judges might be slightly more independent than others.
The greedy lawyers and special interests that currently run the show do not want elections because popular accountability and transparency would destroy their power over our courts. Giving Missourians the greatest voice in the process for selecting judges would be good for the state. It is time we made the change and put the people in charge.
James Harris is executive director of ShowMe Better Courts .