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Court plan repeal effort challenged in court
Scott Lauck//November 23, 2009
In the fight over Missouri’s method of selecting judges, history tends to repeat itself very quickly.
Late last week, attorneys filed two legal challenges to a proposed constitutional initiative petition that would repeal the state’s Nonpartisan Court Plan. The proposal, by activist James Harris, would require the state’s appellate court and metropolitan-area circuit court judges to be directly elected.
Both the arguments and the lawyers in the new challenges, filed Friday in Cole County, are similar to challenges filed in September to an earlier proposal to overhaul the court plan. The original proposal, also by Harris, would allow judges to be appointed through a system similar to that used for federal judges.
Earlier this month, Secretary of State Robin Carnahan approved the direct-election proposal for circulation.
The cases are Annie Busch et al. v. Robin Carnahan, 09AC-CC00514, and Gary Markenson et al. v. Susan Montee, no case number available.
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