NEWS CLIPS

Judicial selection fight well funded

Groups both for and against nonpartisan court plan amass large contributions.

The fight over judicial selection in Greene County is emerging as a war of the war chests, as groups for and against the Missouri Plan amass large contributions with which to spread their messages.

In less than a month, the group Greene Countians Against Question 1 has collected nearly $170,000, campaign finance records show. Much of that money comes from Missourians for Open and Accountable Judicial Selections, a nonprofit behind past efforts seeking to modify the Missouri Nonpartisan Court Plan.

On Oct. 23, the group donated $110,000 to the Greene County effort. Then on Tuesday, the non-profit gave an additional $25,000. Along with other contributions, Greene Countians Against Question 1 has collected at least $169,550 since it formed several weeks ago.

The bulk of that money will go toward television ads. KY3 Inc. recently sold more than $140,000 in ad space to a company acting on behalf of the local group. It’s unclear if the opposition group has paid for those ads yet. Last week, Treasurer Larry Russell said he hadn’t yet been billed by Marshfield-based Thompson Communications. Russell did not return calls for comment Tuesday and Wednesday.

A group championing the Missouri Plan, meanwhile, has reported collecting more than $124,000 since April. Many of those contributions to Greene Countians for Fair and Impartial Judges come from local attorneys. The group has spent over $119,000 this election cycle.

"We had to spend a lot of our money early on to go out and get petitions signed," said group member and attorney Chip Sheppard, referring to the petition effort necessary to get the measure on the ballot.

The issue inspiring all this cash flow revolves around how judges come to office in Greene County. Currently, judges run as candidates in partisan elections. They take contributions and run ads like other politicians, but are limited to what they can say to voters on the stump.
Question 1 on this year’s ballot will ask voters whether they want to implement the nonpartisan court plan in Greene County.

Already in use in circuit courts around St. Louis and Kansas City -- as well as the Missouri Supreme Court and Court of Appeals -- the plan does not require judges to run in elections.
Instead, a "nonpartisan judicial commission" of five members screens applicants for an open judgeship, then forwards three finalists to the governor. The governor has 60 days to select one of the finalists. If no selection is made, the judicial commission makes the choice. The public becomes involved in the process during retention elections, in which a majority vote can force the judge off the bench, and the process starts again.

Proponents of the plan say it eliminates possible conflicts of interest that can arise from campaign contributions. It also erases the risk an unqualified candidate could win a judgeship by outspending an opponent on ads, advocates say. And since voters will have access to surveys from jurors and lawyers about judicial performance prior to a retention election, Missouri Plan supporters contend the system makes for a more-informed electorate.
Critics, including Gov. Matt Blunt, say the system isn’t transparent enough. Many contend trial lawyers end up having undue sway on eventual nominees.

Under the Missouri Plan, the commission appointing Greene County’s judges would comprise two area attorneys, two citizens and the chief judge of the Missouri Court of Appeals Southern District.

Critics also say the system robs voters of their right to elect their judges.

http://www.news-leader.com/article/20081030/NEWS01/810300326