ATTENTION: The software behind KU ScholarWorks is being upgraded to a new version. Starting July 15th, users will not be able to log in to the system, add items, nor make any changes until the new version is in place at the end of July. Searching for articles and opening files will continue to work while the system is being updated.
If you have any questions, please contact Marianne Reed at mreed@ku.edu .
The Missouri Plan in National Perspective
dc.contributor.author | Ware, Stephen J. | |
dc.date.accessioned | 2011-04-27T21:55:52Z | |
dc.date.available | 2011-04-27T21:55:52Z | |
dc.date.issued | 2009 | |
dc.identifier.citation | Stephen J. Ware, The Missouri Plan in National Perspective, 74 Missouri Law Review 751-775 (2009). | |
dc.identifier.uri | http://hdl.handle.net/1808/7444 | |
dc.description.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. | |
dc.language.iso | en_US | |
dc.publisher | Curators of the University of Missouri | |
dc.relation.isversionof | http://law.missouri.edu/lawreview/docs/74-3/Ware.pdf | |
dc.relation.hasversion | http://ssrn.com/abstract=1518029 | |
dc.title | The Missouri Plan in National Perspective | |
dc.type | Article | |
kusw.kuauthor | Ware, Stephen J. | |
kusw.kudepartment | Law | |
kusw.oastatus | fullparticipation | |
kusw.oaversion | Scholarly/refereed, publisher version | |
kusw.oapolicy | This item meets KU Open Access policy criteria. | |
dc.rights.accessrights | openAccess |