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An assault on the judiciary in Missouri


Kansas City Star
Editorial
Friday, July 27, 2007

The three finalists for a Missouri Supreme Court vacancy are appeals judges who have written dozens of opinions reflecting their knowledge and interpretation of the law.

Their education, job experience and community activities are all a matter of record. Gov. Matt Blunt, who will appoint one of them to the bench, is entitled to ask them any relevant question he wishes.

The governor, in short, has abundant access to information about the finalists. So why has he demanded transcripts, notes and other information from the commission that whittled a pool of applicants down to the final three?

Recent events suggest that Blunt and his political allies are setting the stage for a frontal assault on Missouri’s judges and the nationally respected system by which they are seated.

The governor regularly raises the specter of “activist” judges. He threw his support behind an attempt — unsuccessful so far — to amend the state constitution to restrict judges’ ability to rule on tax issues.

In the spring, political consultant Jeff Roe, a Blunt ally, told lawyers at a Kansas City Metropolitan Bar Association conference that “…there will be negative campaigns against judges in 2008. That is reality.”

Recently, a billboard popped up outside of Jefferson City, urging motorists to “Say No to an Activist Court.” It’s the work of a new group that was founded by people close to Blunt and Roe.

The game plan apparently requires Blunt to find fault with the Supreme Court judicial selection process. He’ll have trouble getting ammunition from the nominating commission, however; Supreme Court rules require that material the governor has requested be kept confidential.

Never mind that the judicial selection system is working exactly as it should.

A commission, consisting of three lawyers, three citizens and the chief justice of the Supreme Court, has nominated three respected judges.

Nannette Baker of St. Louis and Patricia Breckenridge and Ronald Holliger of Kansas City are all well-qualified.

Missouri’s judicial selection system in urban areas and for statewide courts spares judges from having to solicit campaign cash to get elected, or appear before the legislature to get appointed.

A limited but influential group of politicians and special interests is attacking the system for two nefarious reasons: They’re sore losers who don’t like some recent rulings; and they want to use an assault on the judiciary to rile the conservative base for the 2008 statewide elections.

Missouri deserves a chief executive whose priority is good government, not political maneuvering. Blunt demeans his office with his transparent political ploy to attack the judiciary.

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