Missouri Plan
Definition of Missouri Plan
Note: See a more comprehensive approach to the Missouri Plan legal concept in the American Law Encyclopedia
A technique of judicial selection that contains elements of both elective and appointive methods. The Missouri Plan originated in the early 1900s as judicial reformers sought ways to heighten judicial independence and competence. The plan, first advanced by the American Judicature Society as part of its more comprehensive package of reforms, was first adopted in Missouri in 1940. Eighteen states now use the Missouri Plan as their method of judicial selection for at least a portion, if not all, of their courts. The Missouri Plan, referred to as “merit” selection by its advocates, involves a number of steps to be fully implemented. The process begins with a commission that nominates judicial candidates. These commissions are typically composed of 9 to 15 members selected by the governor. The commissions tend to be dominated by representatives of the legal profession and are likely to include at least one sitting judge. The commission sends a list of nominees (usually three to five names) to the governor, who makes the appointment from the list. After a specified period (usually a year or so), a retention election is conducted and the electorate determines whether the judge is retained for a more lengthy period, at the end of which another retention election takes place. There is no opposition candidate in a retention election. Rather, the judge runs against his or her record on the bench. If a judge is not retained, a vacancy exists and the commission begins the process again.
See Also
Nominating Commission (Law of the United States) Selection Process Impacts (Law of the United States).
Resources
Missouri Plan Related Resources
- Missouri Plan in the United States Legal Encyclopedia
- Judicial Personnel Keywords in the United States Legal Encyclopedia
- Judicial Personnel Keywords in the International Legal Dictionary
Notes
- “Missouri Plan”, The American Law Dictionary, 1991, California
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