Statement in support of Missouri's Non-Partisan Court Plan and the role of judges

JEFFERSON CITY, Mo. - As the November general election nears, there have been inaccurate criticisms of the Supreme Court of Missouri, Missouri's Non-Partisan Court Plan, and judges facing retention votes in this election. Past elections suggest that such criticisms may continue.

Informed public discussion depends upon a clear understanding of the role of judges and the structure of Missouri's judicial system.

Judges are accountable to the Constitution and the written law – not personal preferences. They have a responsibility to decide cases based on the law, the facts presented, and the governing constitutions, statutes, and legal precedent, even when those decisions may be contrary to personal preferences.

Partisan or political influence should never outweigh judicial fitness.

In 1940, the citizens of Missouri voted to establish a nonpartisan system for the nomination, appointment, and election of judges of the Supreme Court, the Court of Appeals, and certain trial courts. It is popularly known as “The Missouri Plan.”

The Missouri Plan emerged from a bipartisan movement of citizens, lawyers, and civic leaders who were concerned that political machines exercised too much influence over the selection of judges. It combines professional evaluation, public participation, executive appointment, transparency, and voter accountability. The Missouri Plan attracts high-quality judges in the least political way and ultimately gives the people the final say.

The Missouri Bar reaffirms its unwavering commitment to uphold and defend the critical function and independence of the judiciary against unwarranted criticism and political interference.

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The Missouri Bar is a statewide organization that is dedicated to improving the legal profession, the law, and the administration of justice for all Missourians. Created in 1944 by order of the Supreme Court of Missouri, it serves all 31,000 of Missouri’s practicing lawyers. To achieve its mission, The Missouri Bar provides a wide range of services and resources to its members, as well as the media, educators, and citizens of Missouri. To learn more about The Missouri Bar, visit MoBar.org and MissouriLawyersHelp.org.