Missouri Plan

Definition

The Missouri Plan is a method for selecting judges that combines both appointment and election processes, originally established in Missouri in 1940. This system aims to reduce political influence in the judiciary by allowing a nonpartisan commission to evaluate and recommend candidates for judicial appointments, followed by a retention election where voters decide whether to keep the judge in office after their term.

5 Must Know Facts For Your Next Test

1. The Missouri Plan was first implemented in 1940 to improve the quality and independence of the judiciary by minimizing political patronage in judicial appointments.
2. Under this plan, a nonpartisan commission reviews candidates for judicial vacancies and submits a list of qualified individuals to the governor for appointment.
3. Judges appointed under the Missouri Plan serve for a set term before facing a retention election, where voters can choose to keep them or not based on their performance.
4. The Missouri Plan has been adopted or influenced judicial selection processes in several other states across the U.S., showcasing its impact on judicial reform.
5. Critics argue that while the Missouri Plan seeks to reduce political influence, it may still be affected by partisan politics during both the appointment process and retention elections.

Review Questions

• How does the Missouri Plan seek to balance judicial independence and accountability?
  • The Missouri Plan seeks to balance judicial independence and accountability by utilizing a nonpartisan commission to vet candidates for judgeships, ensuring that selections are based on merit rather than political connections. Once appointed, judges serve for a set term during which they can exercise their duties independently. However, they must also face voters in a retention election, which holds them accountable to the public and provides an opportunity for citizens to express their satisfaction with the judges' performance.
• Evaluate the effectiveness of the Missouri Plan in reducing political influence in judicial selections compared to traditional electoral systems.
  • The effectiveness of the Missouri Plan in reducing political influence is often evaluated against traditional electoral systems where judges are directly elected. While the Missouri Plan's use of a nonpartisan commission aims to limit political patronage and enhance the qualifications of judges, critics argue that it does not completely eliminate political influences. Campaign financing and public perception can still play significant roles during retention elections, potentially undermining the independence sought by this method. Overall, while it may mitigate some political pressures, it does not guarantee complete detachment from politics.
• Analyze how the implementation of the Missouri Plan reflects broader trends in judicial reform movements across the United States.
  • The implementation of the Missouri Plan reflects broader trends in judicial reform movements that emphasize merit-based selection and increased public confidence in the judiciary. This approach emerged during a time when many states were grappling with concerns over corruption and political manipulation within the judicial system. The Missouri Plan serves as a model for other states looking to modernize their judicial selection processes by prioritizing qualifications over party affiliation. As states consider reforms aimed at improving justice administration and reducing biases, the Missouri Plan highlights an important shift towards accountability and professional standards within the judiciary.

Related terms

Judicial Selection: The process by which judges are chosen for the bench, which can involve appointment, election, or a combination of both.

Retention Election: An election held to determine whether a judge should be retained in office for another term, often part of the Missouri Plan.

Nonpartisan Commission: A group formed to evaluate judicial candidates based on merit rather than political affiliation, playing a crucial role in the Missouri Plan.