House gives first-round approval to court-selection changes

St. Louis Daily Record & St. Louis Countian, Apr 15, 2008 by Kelly Wiese

The House gave initial approval to a proposed amendment Monday to revamp the way Missouri picks judges for its highest courts.

The measure by Rep. Stanley Cox, R-Sedalia, would change the makeup of the Appellate Judicial Commission, require Senate confirmation of the governor's appointees, make more of the process be conducted in public, and allow the governor to reject the first slate of nominees.

The measure passed 80-63. It needs another vote in the House before moving to the Senate. The measure will have to gain at least two more supporters in order to gain a majority.

"Restoration of the original purpose of the plan is the goal of HJR49," said Cox, also an attorney. "Lawyers have a good understanding of what makes a good judge, but fundamentally it is the people's court, not the lawyers' court."

Under the current system, a panel made up of three attorneys chosen by other Missouri lawyers, three people appointed by the governor, all serving staggered terms, and the Supreme Court chief justice comprise the commission. The governor must choose from a list of three nominees the panel recommends.

Their work has been conducted largely in private, though Chief Justice Laura Denvir Stith recently announced a few changes making the process slightly more open.

Under Cox's proposal, the governor would appoint four lay members of the commission and the Missouri Bar members would elect three lawyers. The commissioners' appointment would be subject to Senate confirmation, and all would serve four-year terms expiring just after a governor takes office, so he or she could choose the new batch of commissioners.

"The only people you are taking out of the system are the people who know something about it," said Rep. John Burnett, D-Kansas City and a lawyer.

The governor would get a list of five to choose from, and would be able to reject the first slate of names.

The commission also would be expected to conduct more business in public, and a list of applicants for judicial vacancies would be posted online.

If the same language is approved by both the House and Senate, Missouri voters likely would consider the issue during the November election.

On a voice vote, the House defeated an amendment by Rep. Brian Baker, R-Belton, that would have restored a Supreme Court judge to the panel, resulting in eight members and the potential for deadlock.

The House agreed to a change to allow one of the four governor's appointees to be a lawyer. Cox said that would increase the chances of a racial minority getting a spot on the judicial commission that recommends people to fill judicial vacancies.