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    The Missouri Plan in National Perspective

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    Final Missouri Plan in National Perspective.pdf (384.5Kb)
    Issue Date
    2009
    Author
    Ware, Stephen J.
    Publisher
    Curators of the University of Missouri
    Type
    Article
    Article Version
    Scholarly/refereed, publisher version
    Published Version
    http://law.missouri.edu/lawreview/docs/74-3/Ware.pdf
    Version
    http://ssrn.com/abstract=1518029
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    Abstract
    We should distinguish the process that initially selects a judge from the process that determines whether to retain that judge on the court. Judicial selection and judicial retention raise different issues. In this paper, I primarily focus on selection. I summarize the fifty states’ methods of supreme court selection and place them on a continuum from the most populist to the most elitist. Doing so reveals that the Missouri Plan is the most elitist (and least democratic) of the three common methods of selecting judges in the United States. After highlighting this troubling characteristic of the Missouri Plan’s process of selecting judges, I turn briefly to the retention of judges and caution against the dangers posed by subjecting sitting judges to elections, including the retention elections of the Missouri Plan. I conclude with support for a system that, in initially selecting judges, avoids the undemocratic elitism of the Missouri Plan and, in retaining judges, avoids the dangers (populist and otherwise) of judicial elections.
    URI
    http://hdl.handle.net/1808/7444
    Collections
    • Law School Scholarly Works [621]
    Citation
    Stephen J. Ware, The Missouri Plan in National Perspective, 74 Missouri Law Review 751-775 (2009).

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    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

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