Question
Describe how states using the Missouri Plan select their state supreme court justices.
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GPT-4o mini
The Missouri Plan is a method used to select state supreme court justices that combines elements of both appointment and election to ensure a balanced and fair process. Here’s how it typically works:
1. **Initial Appointment**: When a vacancy arises on the state supreme court, a nominating commission, which is usually composed of lawyers, judges, and laypersons, is tasked with reviewing applications and interviewing candidates. This commission is responsible for selecting a list of qualified candidates, often narrowing it down to three nominees.
2. **Governor's Choice**: The list of nominees is then sent to the governor, who selects one of the nominees to fill the vacancy. This step emphasizes the gubernatorial influence while still relying on a formal vetting process intended to ensure quality candidates.
3. **Retention Elections**: After serving a designated term (typically a year or two), the appointed justice must stand for a retention election. In this election, voters decide whether to retain the justice in their position for a full term. If the justice receives a majority of "yes" votes, they are retained; if not, they are removed from the court, and a new appointment process commences to fill the vacancy.
4. **Subsequent Nominations**: In subsequent terms, justices may continue serving if they are retained through these elections, but they must continue to face voters periodically, which keeps them accountable to the public.
The Missouri Plan aims to mitigate partisanship in the judicial selection process by utilizing a merit-based approach for initial appointments, while still allowing the public to have a voice in the retention of those judges. This hybrid process is intended to uphold the integrity of the judiciary, protect it from political pressures, and ensure that judges are qualified and accountable.
1. **Initial Appointment**: When a vacancy arises on the state supreme court, a nominating commission, which is usually composed of lawyers, judges, and laypersons, is tasked with reviewing applications and interviewing candidates. This commission is responsible for selecting a list of qualified candidates, often narrowing it down to three nominees.
2. **Governor's Choice**: The list of nominees is then sent to the governor, who selects one of the nominees to fill the vacancy. This step emphasizes the gubernatorial influence while still relying on a formal vetting process intended to ensure quality candidates.
3. **Retention Elections**: After serving a designated term (typically a year or two), the appointed justice must stand for a retention election. In this election, voters decide whether to retain the justice in their position for a full term. If the justice receives a majority of "yes" votes, they are retained; if not, they are removed from the court, and a new appointment process commences to fill the vacancy.
4. **Subsequent Nominations**: In subsequent terms, justices may continue serving if they are retained through these elections, but they must continue to face voters periodically, which keeps them accountable to the public.
The Missouri Plan aims to mitigate partisanship in the judicial selection process by utilizing a merit-based approach for initial appointments, while still allowing the public to have a voice in the retention of those judges. This hybrid process is intended to uphold the integrity of the judiciary, protect it from political pressures, and ensure that judges are qualified and accountable.