Former Supreme Court Justice Sandra Day O'Connor recently discussed non-partisan court plans in her Op-Ed article, "Take Justice Off the Ballot," published last week by the New York Times. Justice O'Connor defended a non-partisan court plan for selecting judges that includes public nominations and appointment of judges, followed by performance evaluations and followed up with a yes or no vote by the people.
Eric Posner, a law professor at the University of Chicago, outlines a differing view in his recent Newsweek article entitled, "The Case for Electing Judges in Missouri." Notably, Professor Posner's differing view fails to mention that under merit selection plans votes do get to vote on the judges.
Our view is that the Missouri plan has produced well qualified ethical judges under both republican and democratic administrations. Changing to a pure electoral system will serve only the rich and powerful.
