The Missouri Plan Gives Legal Insiders Too Much Power
Missouri’s appellate judges decide cases with major consequences for public policy. Voters deserve a voice in choosing them.
Earlier this month, the Missouri Supreme Court ruled that the state must revert to the 2022 congressional district map for the November general election. Conflicting court orders followed, creating chaos for candidates, election officials, and thousands of voters.
In Missouri, many of the most important policy fights of our day are not decided in the state legislature or in the Governor’s office, but in front of an appellate judge.
Missouri selects its appellate judges through a process called the “Missouri Plan.” The plan was originally adopted in 1940 amid concerns about the influence of corrupt political machines on courts in Kansas City and St. Louis.
Under the Federal system, the President appoints judges with the advice and consent of the Senate. In Missouri, the Governor must select one of three candidates submitted by the Judicial Commission.
The seven-member Appellate Judicial Commission includes one Supreme Court judge selected by the court, three lawyers elected by members of the Missouri Bar, and three nonlawyers appointed by the governor.
In practice, that means that the Supreme Court Judge and the bar-elected lawyers hold enough seats to control the nominating process. If the Governor does not select one of the three options provided to him by the commission within 60 days, the commission makes the appointment itself.
The commission’s shortlist controls who the Governor can appoint. Voters enter the process later through a retention election with no opponent and no party label on the ballot. If the judge wins their retention election, they receive a twelve-year term.
In 2024, all 12 Missouri appellate judges on the ballot were retained. Missouri’s judicial performance review website acknowledges that it is difficult for Missouri voters to get information about these elections because the judges are not allowed to campaign and do not face an opponent.
While the Missouri Plan was originally designed to protect judges from the corrupting influence of campaign contributions, it has insulated our judges from the voters. The Missouri Plan solidified a system where a small group of elite lawyers can choose the judges who will decide the most important issues facing our state.
The public’s direct role is limited to an up-or-down vote after a judge has taken office.
Fourteen states use contested nonpartisan elections, while eight use contested partisan elections. Other states use gubernatorial and legislative appointment systems. Most of Missouri’s trial judges are already chosen in partisan elections.
In the next legislative session, Missouri lawmakers should give voters a more direct role in choosing the appellate judges whose decisions affect our state.
Andy Bakker is executive director of Liberty Alliance USA, a Missouri-based conservative advocacy organization.