By Julie Gaebe, Co-President
In the late 1930’s, Missouri’s courts were deeply entangled in partisan politics, particularly in Kansas City, where Tom Pendergast’s powerful political machine influenced judicial elections and appointments. The Kansas City League of Women Voters was already opposing the Pendergast regime. As the Missouri Bar Association developed a proposal to remove partisan politics from judicial selection, League members undertook a two-year study of judicial reform, that, through the League process, went to the State League for a vote. In 1940, the League of Women Voters of Missouri adopted a statewide position supporting the Nonpartisan Court Plan.
That position became the foundation for action. When the legislature failed to advance the proposed reform, supporters turned to citizen initiative petition. The League joined the effort to educate voters, advocate for the proposal, and mobilize public support. Missouri voters approved the Nonpartisan Court Plan in 1940.
The victory was short-lived. Opponents immediately sought to overturn what voters approved. In 1942, the plan was back on the ballot, this time through legislative repeal efforts. The League again defended the reform, and Missouri voters rejected the repeal.
The Missouri Plan, as it became known nationally, establishes a system intended to reduce partisan politics and campaign money in judicial selection. A commission of lawyers, citizens who are not lawyers, and a judge screens applicants and submits three nominees to the governor, who appoints one. After an initial period of service, judges face voters in nonpartisan retention elections. Voters decide whether each judge should remain in office.
Today, versions of the Missouri Plan are used in 10 states, though the details vary from state to state. In Missouri, the plan covers the Missouri Supreme Court, all three Courts of Appeals and circuit and associate circuit judges in St. Louis City and St. Louis, Jackson, Clay, Platte, and Greene counties. The original 1940 amendment applied to the state’s appellate courts, St. Louis City and Jackson County. In 1970, five Leagues in St. Louis County supported the successful campaign to extend the plan to their county. In 1972, the Kansas City League helped gather signatures to extend the plan to Clay and Platte Counties.
Supreme Court and appellate judges serve 12-year terms, circuit judges six years and associate judges four years. Trial judges in most other Missouri counties are elected in partisan contests. So, in St. Charles County, voters choose between candidates identified by political party for circuit and associate circuit judges while voting yes or no on retaining judges serving on the statewide appellate courts.
Today, the Missouri Plan is again under scrutiny. Following recent court decisions involving congressional redistricting, Governor Mike Kehoe questions the role of unelected judges, while other political leaders are calling for changes to the judicial selection process. Some proposals would replace the current system with direct gubernatorial appointments and Senate confirmation or contested judicial elections.
The history illustrates our work. We do not simply study issues and adopt positions. We use those positions to advocate for sound public policy, educate voters and encourage participation in elections. The Missouri Plan is a lasting example of what informed, organized citizens can accomplish—and why that work does not end on Election Day.
