Court Reformers Have the Momentum in Missouri
For decades, Conservatives in Missouri have pushed for court reform. The current system gives too much influence to legal insiders and too little accountability to voters.
That may finally be changing.
This year, Missouri lawmakers are debating proposals to reform the way judges are selected, including HJR 153 and HJR 119.
The renewed debate reflects a broader reality: momentum for court reform is building. Across the country, lawmakers are reconsidering how judges are selected and how courts are structured. Public confidence in institutions has declined, and voters increasingly expect greater transparency and accountability from the judicial branch.
Missouri is now part of that national conversation. And for the first time in years, reformers have something they have lacked for a long time: real momentum.
The Missouri Plan Limits Accountability
Missouri adopted the Missouri Plan in 1940 as a way to reduce partisan politics in judicial elections. It was supposed to be a bulwark against mafia corruption in St. Louis and Kansas City.
Instead of running directly for office, judges are first selected by nominating commissions that send a shortlist of candidates to the governor for appointment.
After serving an initial term, judges then appear on the ballot in retention elections where voters decide whether they should remain on the bench.
Supporters argue this system promotes professionalism and protects courts from political pressure. In reality, it limits voter influence and places the control in the hands of legal insiders.
Retention Elections Rarely Remove Judges
Supporters of the Missouri Plan often argue that retention elections give voters the final say over whether judges remain on the bench. In theory, retention elections give voters the final say over whether judges remain on the bench.
In practice, that almost never happens.
Across the United States, more than 98 percent of judges win retention elections. In many states, retention elections go decades without a single judge losing.
Removal might technically be possible, but it’s extremely rare. Once a judge reaches the bench through the nominating commission process, history suggests they are very likely to remain there.
That’s not accountability. Voters deserve meaningful oversight of the judiciary.
Lawyers Hold Significant Influence in the Missouri Plan
Under the Missouri Plan, judges are not directly elected by voters.
They are first selected by judicial nominating commissions that recommend candidates to the governor.
Those commissions are partly composed of lawyers chosen by other lawyers.
Missouri’s appellate judicial nominating commissions typically include three lawyers elected by members of the state bar, three citizens appointed by the governor, and the chief justice of the Missouri Supreme Court.
This structure gives the legal profession significant influence over which candidates are ultimately considered for judicial appointments. Lawyers and judges have a majority built into the structure of the nominating commission itself.
There might have been a time when lawyer participation helped to ensure professional qualifications and legal competence. Now, it allows a relatively small group of legal insiders to dominate the process of selecting the judges who will interpret the law for millions of Missourians.
Reform Momentum Is Building Nationwide
Missouri’s Court Reform debate is also part of a broader national trend. In recent years, several states have reconsidered how their courts are structured or how judges are selected.
Kansas voters will head to the polls in August to decide whether or not to scrap their nonpartisan court plan.
Confidence in the courts has also declined. According to polling from Gallup, only about 47 percent of Americans say they have confidence in the judicial system.
When public confidence declines, pressure for institutional reform often follows.
Missouri Lawmakers Are Taking Reform Seriously
That broader environment is helping drive renewed attention to Missouri court reform.
With proposals like HJR 153 and HJR 119 now receiving a legislative hearing, the debate over the Missouri Plan is no longer hypothetical.
States that do not use a nonpartisan court plan generally choose their judges by direct election or appointment by the Governor. Those are the options being heard by the committee.
Missouri Court Reform represents a major lift that will take time to accomplish. But today, reformers finally have something they have lacked for years.
Momentum.
Andy Bakker
Executive Director
Liberty Alliance USA