Capitol Report: The Importance of a Fair Judicial Branch
Feb 26, 2014 | Opinion |
by State Sen. Brad Lager
In order for our democracy to be strong, we must foster a system in which everyone has an equal and fair opportunity in the court of law. When a citizen goes before a judge, they expect to have a fair opportunity to plead their case. They expect that judge to make a ruling based on the merits of the law and not personal relationships, friendships or past interactions.
In the overwhelming majority of courtrooms across this state, this practice holds true. We have judges that are elected by the people and if they lose touch with reality and act in an unjust or unfair manner, the people have the ability to remove them at the next election. However, in a handful or courtrooms in Missouri, this is not the case. In these locations, judges are nominated by a commission (that often includes lawyers which will practice in front of them) and one is selected by the Governor. Once these judges take the bench, there is nothing preventing them hearing a case by the very same lawyers that helped them get the job.
In one of Missouri’s largest counties, there is a lawyer who has been on the judicial selection committee for years. He has personally been involved in selecting more than half of the judges in the county in which he practices law. Therefore, when he comes before a judge, there is at least a 50 percent chance he helped that judge get the job. I believe this creates a potential conflict of interest, but currently there is no process in place to prevent it from happening. Our laws are letting a handful of people use their powers to potentially tilt the legal landscape in their direction.
Senate Bill 489 would end this practice. If passed, SB 489 will disqualify Supreme Court, appellate or circuit court judges from hearing a case when the attorney or party to the case served on the commission that nominated the judge. It’s a common-sense rule that protects the public from being at the mercy of judges who may have ties to those on one side of the case. This legislation would uphold the integrity of our laws and ensure the actions of those who interpret our laws are without doubt.
We have an obligation to ensure that those serving in our government hold themselves to the highest level of integrity. If they do not, the foundation of our democracy will be compromised. Too many people have sacrificed too much to defend our democracy for us to let that happen. It is time to take these responsible steps to ensure that we continue to have a government of the people, by the people, and for the people.
(You can reach Sen. Lager at the State Capitol by telephone at 573-751-1415 or by email at [email protected] or by mail at Room 422, State Capitol Building, Jefferson City, MO 65101)
