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The Missouri Plan long has served as a model for other states seeking to design Merit Selection systems.  In recent years, there has been some conflict between the Governor and the nominating commission about the lists of recommended candidates.  This week, Republican gubernatorial candidate Kenny Hulshof proposed changing the composition of the nominating commission.

An Associated Press piece in the Columbia Missourian reports that Hulsof believes the nominating commission is dominated by plaintiffs’ trial lawyers.  Hulshof’s plan calls for replacing the three attorney seats, filled by election among lawyers in different geographic regions, with three retired judges.  He also proposes eliminating the seat for the Chief Justice of the state and replacing it with a retired Supreme Court justice.

In addition, Hulshof argues that the commission should be required to submit five names to the Governor, rather than three and he proposes giving the Governor the power to request a second list.  Under this proposal, If no one on either list is acceptable to the Governor, the Governor may nominate anyone of his or her choosing, subject to Senate confirmation.  This is a significant change from the current system, where the Governor’s rejection of the list of nominees results in an appointment made by the nominating commission.

Hulshof’s opponent in the governor’s race, Jay Nixon, claims the new proposal would make judicial selection even more political.  He recommends making some changes to the system, such as publicizing the names of all applicants considered by the commission, but opposes the changes to the nominating commission and the procedural changes recommended by Hulshof.

We have concerns about the Hulshof proposal, particularly the provisions related to the Governor’s selection of a nominee.  We will be watching what happens and keeping you posted. Visit Gavel Grab for more on this story.

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