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Reducing the Role of Politics, Strengthening Judicial Independence

Missouri has two systems for electing judges: a partisan system and a Non-Partisan Court Plan. In most courthouses throughout Missouri, judges are elected as either Democrats or Republicans. But in the City of St. Louis, and in St. Louis, Jackson, Clay and Platte Counties, judges apply for their positions on the bench and are selected on the basis of merit.

These non-partisan judges run in retention elections at the end of their term. All of Missouri's appellate judges are also selected under this system.

Missouri's Non-Partisan Court Plan has become a model for the nation. It continues to reduce the role of politics in the selection and election of judges. It also helps ensure the independence and integrity of the judiciary by shielding candidates from undue pressure.

Judges who serve under this plan have been nominated by a judicial commission and then selected by the governor. After their first 12 months in office, non-partisan appointed judges must go before the voters in a retention election. Voters are asked whether each of these judges should be retained. To be retained, each judge must receive a majority vote. A similar retention election occurs at the end of each term of office, under the same guidelines and provisions. If a judge does not receive a majority of votes, his or her judicial office will become vacant at the end of its present term. The judicial commission will then nominate three candidates for the position and the governor will appoint one to fill the vacancy. The terms for appellate court judges are 12 years. Among trial judges, circuit judges serve six-year terms, while associate circuit judges have four-year terms.

Two different types of commissions select nominees––appellate commissions and circuit commissions. In both commissions, the members' terms are staggered. The appellate commission, which selects nominees to fill Supreme Court of Missouri or Court of Appeals openings, consists of a judge of the Supreme Court of Missouri, three lawyers and three lay members. The circuit commissions, which select nominees for trial-level openings, include the chief judge of the court of appeals district in which the vacancy occurs, two lawyers and two lay members. In both types of commissions, the lawyers are elected by bar members from their circuit or court of appeals district, and the lay members are appointed by the governor.