NEWS CLIPS

Attack on court system is all about control

It wouldn’t be at all surprising if Gov. Matt Blunt’s criticism of the Missouri judiciary is getting to many judges.

His criticism is largely unfounded and is done for political show. But judges wouldn’t be human if it didn’t bug them to be called “activist” when they never have given any indication of that.

And it’s likely irritating to be used as pawns in the governor’s game to get control of the state’s courts. Blunt is leading an attack on the nonpartisan judge selection system — whereby he must choose from three nominees submitted by a commission — because he wants total control of the appointments.

The fact that the system has been copied by many other states speaks to its worth. It keeps political influence as low as possible in judicial selection.

Blunt’s criticisms also are meant as a warning to Missouri judges who aren’t part of the nonpartisan system and must stand for election.

If the governor doesn’t agree with the judges’ decisions, he can rally supporters with money who happily will give to the campaigns of the judges’ opponents.

One central Missouri judge two years ago lost his election after an influx of big bucks to his opponent.

Blunt has the courts walking a fine line. In the heat of all this criticism, they cannot allow their decisions to be tainted. They can’t even be perceived to be influenced by the governor, either.

So what are we to think about a couple of high-profile decisions that went the governor’s way recently? Are the courts buckling, or do we just have some more examples of where Blunt’s criticisms don’t hold up?

Cole County Judge Richard Callahan recently dropped a bombshell and ruled that Missouri school districts who filed a lawsuit seeking improved and more equitable funding hadn’t proved their case.

Callahan’s decision was puzzling, given some of the testimony of true hardships in Missouri districts, but the judge had his reasons and it is now up to the districts to appeal the ruling.

The case is so important the Missouri Supreme Court should decide the issues.

But the court will have to ignore the political pressure that has been generated — with more to come — by the governor, who is worried that the court will order more funding for education.

On Friday, Blunt named his first appointee to the high court – Western District Court of Appeals Judge Patricia Breckenridge. This came after the governor heavily researched the backgrounds and thinking of the three nominees for the position.

The court has appeared to be in the governor’s mind when he levels his “activist judges” criticism.

It’s interesting that, in the middle of all this criticism, the court took a pass on a decision that could have been bad news for Blunt.

The Supreme Court in July had restored Missouri’s limits on individual donations to political campaigns. They had been deleted by a new state law.

But last month the court declined to order the candidates who had raised the unlimited amounts to return the money. At stake is several million dollars donated to the governor’s campaign alone.

The Supreme Court said the Missouri Ethics Commission should decide if the money has to be returned.

That looks a lot like passing the buck.

Since the law has been deemed unconstitutional, it seems the money raised under it should be returned.

Allowing candidates to keep it gives them an unfair advantage. Potential contenders who have yet to start fundraising couldn’t compete because they would be subject to the restored donation limits. Many likely would decide not to run. Voters would get fewer choices.

One can only wonder what the future holds if the governor’s tirade continues into the 2008 elections. The judges must not let it interfere with their job.

If the voters think they are getting politicized decisions in reaction to the attacks on the courts, it will only spur support for the repeal of the Missouri nonpartisan court plan. Blunt will have won and Missouri’s judicial system will be subjected to the whims of politicians and their backers with money.

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