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Lawsuits challenge second proposal to change judicial selection

By Bob Watson bwatson@newstribune.com

Published: Monday, November 23, 2009 4:38 AM CST

For the second time in two months, a proposal to change the way Missouri chooses its appeals and Supreme Court judges faces a court fight.

Friday afternoon, lawyers filed two different lawsuits challenging parts of the proposed constitutional amendment that would return Missouri to the direct election of all judges - the method the current Nonpartisan Court Plan replaced at the state level after voters approved it in 1940.

The group “ShowMe Better Courts” filed the petition seeking the proposed Constitutional Amendment with Secretary of State Robin Carnahan's office in October. The same group also submitted a different proposed amendment last summer, which also faces a court challenge.

The new lawsuit challenging the new petition was filed by the same plaintiffs as the suit filed in September against the previous proposal: Annie Busch, a Springfield lawyer, and former state Sens. Roseann Bentley, R-Springfield, and John D. Schneider, D-St. Louis County.

The 29-page lawsuit asks the Cole County Circuit Court to order Carnahan to reject the petition because she “wrongfully and unlawfully approved the form of the Proposed Initiative Petition (when it) did not comply with the requirements and provisions” of state law.

Among the lawsuit's complaints:

* The proposed petition says its language “may repeal, change or modify” the current Constitution when, the suit says, it clearly requires Constitutional sections to “be either amended or repealed.”

* The notice of changes “does not include other provisions of the Constitution that should have been included.”

For instance, the lawsuit said, the petition doesn't say it would change the way municipal judge vacancies would be filled in different charter cities around the state, including Jefferson City, Columbia, St. Louis and Kansas City.

The proposal appears to violate sections of the state and U.S. constitutions, by shortening the terms of sitting judges, and by allowing judicial candidates to seek and receive campaign contributions and to “announce ... views on disputed legal or political issues,” the suit said.

And the lawsuit challenges a proposal authorizing “party nominating committees” to select judicial candidates, since there's no provision for an independent candidate, and “it also appears that 'party nominating committees' would supplant primary elections.”

The suit also asks the court to reject or, at least, rewrite Carnahan's ballot summary.

The suit was filed by Jefferson City lawyer Alex Bartlett and by two former Missouri Supreme Court chief justices - Ann Covington, now practicing law in Columbia, and Ronnie White, now practicing in St. Louis.

To view the entire article, please go to our e-edition. http://www.newstribune.com/e-edition


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