Law, independent judiciary critical, Kansas City businessman says

Daily Record and the Kansas City Daily News-Press, Aug 19, 2008 by Donna Walter

Respect for the rule of law and an independent judiciary is essential for commerce, a Kansas City businessman told a group of federal lawyers and judges Friday at the 8th Circuit Judicial Conference in Chicago.

Landon Rowland, director and chairman emeritus of Janus Capital Group, said a predictable and stable legal system is a key part of economic stability.

"The message of Mr. Justice Marshall in Marbury v. Madison has been used all over the world to [explain] the importance of the independence of the judiciary and the rule of law," he said. "But the rule of law won't mean anything without independent judges."

If a company invests in a country that doesn't respect the rule of law, it runs the risk of being confiscated by the government or the local partners, Rowland said, citing Russia as an example of a country that gives lip service to the rule of law but doesn't enforce it.

Rowland cited efforts in Missouri to undermine the Nonpartisan Court Plan, a merit-based system of selecting judges.

In the late 1980s, Rowland was among the corporate people called upon to talk to Missouri legislators about an independent judiciary.

"I was dismayed to find the legislators poorly informed about the courts and the way they had to function," he said. "It became worse as these legislators were subjected to term limits."

In the past legislative session, there were attempts to give more power over judicial selection to the executive branch, he noted, and less attention was focused on professionalism.

Legislators also use their power of the purse to undermine the independence of the judiciary by not paying judges what they deserve, he said.

These were welcome words to attorney Joseph Peiffer of Cedar Rapids, Iowa.

"I enjoyed him reminding us of the importance of an independent judiciary and the rule of law in promoting commerce, not only here but in other parts of the world as well," he said.

The alternative to the Nonpartisan Court Plan is the election of judges, Rowland said, touching on the astonishing costs of recent campaigns in Alabama and Wisconsin.

Electing judges leads to the uncertainty of not knowing whether a judge is fairly interpreting the law, Peiffer said.

"They'd be elected by the popular vote and may tilt their decisions to the popular vote," he said. Judges in Iowa are selected through a nonpartisan system, he said.

Many critics of the Nonpartisan Court Plan in Missouri, however, have said they also oppose judicial elections. Efforts to reform the system during the last legislative session sought to give the governor more influence over the process but did not call for direct elections.

The conference, held at the Chicago Downtown Marriott on the Magnificent Mile, ended just after noon on Friday when the group toured the Chicago Board of Trade-Mercantile Exchange.

Before the academic portion of the morning program began, Chief Judge James B. Loken took the time to honor Senior Circuit Judge Myron Bright for 40 years of service to the 8th U.S. Circuit Court of Appeals. Bright, who was appointed by President Lyndon B. Johnson, noted he was sworn in on Aug. 16, 1968.

Loken praised Bright as a protector the rule of law, a friend and a mentor. He was on a panel with Bright on Sept. 11, 2001, and there was some concern the Thomas F. Eagleton U.S. Courthouse in St. Louis would be a target. In discussing whether to hold arguments that day, Loken recalled Bright saying, "We've got to go out and conduct the business of the court. If terrorists can keep the government from functioning, then they win."

For his part, Bright credited the men on the 8th Circuit appellate court when he joined for their mentorship. He said all the good he's done is because of them.