The bar would fight this, of course. The assumption (common amongst supporters of the Missouri Plan) that the Bar Association is a public service group with a disinterested agenda, unaffected by biases, and exempt from corrupting influences, is hard to maintain with a straight face. Lawyers present a faction. They have an interest in keeping the law complicated, and expanding state involvement so to require suit and countersuit and consultation and a hundred other ways to put numbers into a billable hours column. It is far more reasonable to argue that the Bar is the last group one wants in charge of a judicial selection process, rather than the primary group. It is a guild, and its interests can be as antagonistic to the public interest as any group’s can possibly be.

Second, why not take résumés from anyone who wants to apply for the position? That seems not only modernly egalitarian, but also smart. We might find a really good person who would otherwise be overlooked by the legal and political insiders.

Third, judges should be chosen from geographic districts, not statewide. Smaller districts allow a closer connection between the people and the judge working on their behalf. With districts, when people have had enough of any certain judge, they can more easily campaign to defeat that judge at a future retention vote.

Fourth, more checks, even political checks, are better than fewer. Why? Well, we don’t want the nominee to be “politicized.” So, if the governor nominates, the legislature or just the Senate should then approve or reject that nominee.

Fifth, the entire process — including all resumes submitted and all deliberations by any commissions or legislative committees — must be open and transparent.

So a better system might look like this: The public elects a seven member commission from as many regions in the state, each commissioner serving a four-year term. When a vacancy occurs in the state appellate courts, this commission would take resumes for a period of time. Those resumes would be discussed both by the public and the commission. The commission would nominate three people for the governor to choose from. The governor’s choice would then require approval from the legislative branch. Then, once confirmed, the justices would face the voters in a retention election.

More voter control. A more open process. More checks and balances. Less control by the legal community.

Missourians — and all Americans — need their judges selected in such a way as to avoid the undue influence of factions as well as politicians.