Why They Matter

Every day, Missouri’s courts decide thousands of cases where children and victims of domestic violence and other vulnerable people are protected; where workers who have been injured on the job are given a fair chance to tell their side; where family disputes are resolved; where property is conveyed; where business contracts are enforced;  where wealth is transmitted through probate; and where those accused of crime are tried.

Missouri’s fair and impartial courts are the stabilizing force in our tumultuous everyday lives; we depend on them to provide balanced and rational resolution of disputes. As hard-working Missourians, we need to support a legal system that is not influenced by political pressure or special interests. Over the last 70 years, Missouri has become the model for a fair and impartial court system.

Missouri courts are important to:

Children

Every child deserves to grow up in a safe and loving environment. When children are in peril, the courts are responsible for decisions regarding their well-being and protection. Without a fair and balanced court system, children, especially those from underprivileged backgrounds, could be saddled with additional undue hardship. Vulnerable children rely on fair and impartial courts to safeguard their best interests.

Seniors

Missouri needs fair and impartial courts to protect its seniors- the greatest generation- from those who would abuse and neglect them. Changes in the technical language of retirement and pension plans can rob seniors of their life savings, making it vital that impartial courts hear these cases. In increasingly unstable times, seniors need to be able to invest their trust in the fairness of Missouri courts.

Families

Missouri families expect and deserve fair and impartial courts that are free from politics and the influence of special interests. The rights of the family are some of the most personal and profound Missourians possess and should be held paramount to the pressure of special interests in the court of law. The courts decide important cases about the welfare of vulnerable children, the obligations of marriage and the protection of property rights.

Individuals with Disabilities

Missourians with disabilities deserve the access and protection that fair and impartial courts provide. Unfortunately, people with disabilities often face legal challenges to make decisions regarding their lives and can fall prey to abuse and neglect. The courts ensure Missourians with disabilities can live safe and productive lives.

Workers

A safe work environment depends on fair and impartial courts. Every year, tens of thousands of Missourians are injured on the job; Missouri’s workers count on the courts to deter discrimination in the workplace and apply the law fairly in settling disputes.

Crime Victims

Victims of domestic violence count on fair and impartial courts to help protect them from their abuser. Victims of any crime need courts to administer justice fairly and hold accountable those found guilty.

Students

Fair and impartial courts ensure all Missouri students are treated equally, no matter how much money their parents may have or where they live. Courts enforce the current constitutional requirement that public funds go to public schools.

Business

Fair and impartial courts are an important part of Missouri’s economic engine. Trade partners from other states or countries are more likely to partner with Missouri companies if they know the courts are beyond the influence of politics and will apply the law fairly and consistently. Businesses expect courts to not be swayed by public opinion or interest groups.

People Accused of a Crime

Often the measure of a good judicial system is based on how it treats those accused of a crime. A fair and impartial court system is essential to enforce the constitutional right to a fair and speedy trial with legal representation.

Injustices Caused by Other Judicial Selection Methods

Caperton v. Massey

In the 2008 Supreme Court case Caperton v. Massey, the injustices created by increasingly politicized judicial campaigns came into clear view. A coal company CEO spent over $3 million dollars, 60 percent of independent campaign contributions, on the election of Brent. D. Benjamin, a West Virginia Supreme Court justice. Benjamin in turn cast tie-breaking votes in two decisions to overturn a $50 million dollar settlement owed by the executive’s company.

The glaring influence of campaign contributions on judicial decisions shown in Caperton v. Massey, was brought before the U.S. Supreme Court in 2009. In a 5 to 4 decision, the Court ruled that it was unconstitutional for a state Supreme Court justice to hear a case involving the financial interests of a major donor to a judge’s election campaign. Keeping Missouri’s bipartisan justice appointment system will protect the integrity of our state’s justice system from the pressure of special interests.

Avery v. State Farm Automobile Ins. Co.

The 2004 race for Illinois Supreme Court justice was the most expensive waged in U.S. history with the candidates, Illinois Appellate Judge Gordon Maag and then-circuit Judge Lloyd Karmeier, raising over $9.3 million. Karmeier, who received over $350,000 in direct contributions from State Farm’s employees, lawyers and others, and over $1 million more from groups of which State Farm was a member or to which it contributed, won both the fundraising battle and the election. Justice Karmeier then declined to recuse himself from Avery v. State Farm Automobile Ins. Co., which had been pending before the Illinois Supreme Court during the campaign. Justice Karmeier’s decisive vote reversed a lower court’s breach of contract verdict of over $450 million against State Farm. On March 6, 2006 the U.S.  Supreme Court declined to hear Avery.

In his 2010 State of the Judiciary address, Missouri Supreme Court chief justice William Ray Price Jr. references Avery and Caperton as examples of judicial elections gone wrong. Justice Price voices his support for impartiality and transparency in the Missouri judicial appointment system. Here is an excerpt from his speech:

“Justice is a sacred but fragile concept. It depends upon the eye of the beholder, the trust and confidence of our people. It cannot be for sale to the richest bidder, the most powerful special interest group, or to the cleverest consultant.”