Amendment would infuse more politics into state judiciary

I have a secret.

In 2005, I applied for a judgeship on the Missouri Court of Appeals. I was not chosen. Instead of being angered by the way appellate judges are selected in Missouri, I remain a fan of the Missouri Non-Partisan Court Plan.

Even though they didn't pick me.

When I applied for an appellate judgeship, it cost me virtually nothing -- only a bit of postage and photocopying expense. Those of us vying for the vacant judgeship filled out a lengthy application touting our experience and education. We then underwent an interviewing process with the half dozen members of the Missouri Judicial Commission, some Democrats and some Republicans. It was like applying for a job. The commission, charged with the task of selecting the best three candidates based upon merit, not politics, narrowed the 25 applicants to three, and Gov. Matt Blunt made his pick from the lot: Kenneth M. Romines.

The process works. Even I could not make a case that I was more qualified than Judge Romines. He had been a circuit judge for 18 years and was widely respected all across the state. My experience, while extensive, was almost completely from the prosecution's side of the courtroom. After his appointment, Judge Romines served with distinction.

Contrast Missouri's selection process with the system used in Illinois, where voters elect their appellate judges by partisan elections. Remember 2004, when Lloyd Karmeier and Gordon Magg ran against each other for a spot on the Supreme Court? Between them they spent $9.3 million, and sullied each other's reputations with negative attack ads we watched with revulsion and amusement from our side of the river. Insurance companies contributed $350,000 to Karmeier. What did they expect in return?

I prefer a system where appellate judges are picked by merit, not politics.

Amendment 3 is part of a movement by those who want more politics injected into the selection of judges. It would give future governors complete control over the Judicial Commission and ultimately allow a governor to appoint whomever he wants. Many supporters of Amendment 3 have admitted the long term goal is to completely replace Missouri's Non-Partisan Court Plan with a system of statewide elections for appellate judges. Just like Illinois.

Missouri's Non-Partisan Court Plan has served Missouri well for 72 years. It acts as a system of checks and balances, whereby a judicial commission of members, not necessarily appointed by the sitting governor, narrows the panel of applicants to three, and the governor appoints one of the three finalists to the vacancy on the court.

The process encourages qualified applicants to throw their hats in the ring. It eliminates the need for judges to be involved in the unseemly business of raising money. It allows a lawyer with little money but a stellar resume to have a chance to be on the court without being indebted to anyone.

Keep politics out of the selection of appellate judges.

Please vote no on Amendment 3.

Even though they didn't pick me.

Morley Swingle is the Cape Girardeau County prosecuting attorney.