When Missouri's chief justice, Duane Benton, gave his State of the Judiciary Address to the Legislature recently, he stumped for his proposal to have circuit clerks appointed rather than elected -- an idea he first presented last August at meeting of the Lions Club in Cape Girardeau, where he spent some of his growing-up years.
Circuit clerks, who are elected to four-year terms, are responsible for the administration of paperwork and scheduling of cases filed in judicial circuits around the state. There are 45 such circuits, including the 32nd Circuit of Cape Girardeau, Bollinger and Perry counties. Each of those counties has an elected circuit clerk. Charles Hutson, Cape Girardeau County's circuit clerk, is starting his seventh term.
Even though Hutson wouldn't be affected by any change in the way circuit clerk's are selected, he opposes the proposed switch to appointments rather than elections. Like most other circuit clerks around the state who have served multiple terms, Hutson is experienced and is known to run an efficient, well-organized office.
Chief Justice Benton's concern is that each time a new circuit clerk is elected, that person must be trained and may not be experienced in running an office that deals with civil and criminal lawsuits.
But there doesn't appear to be much of a problem around Missouri with circuit clerks. Generally, when a longtime county officeholder retires, candidates in the next election include seasoned staff members who want to run the office. This pretty much ensures that there are experienced individuals to take over the office, if approved by voters.
And who would likely be appointed if Benton's plan wins legislative approval? Probably individuals who are already working in the circuit clerk's office, the same people who would have run for election anyway.
The issue really isn't about appointed circuit clerks. The real issue is who should make the choice to fill vacancies in any county office: bureaucrats or voters?
Of more concern, it seems, should be the appointed officeholders at the state level who are immune to the will of voters. Take the state's education commissioner, for example, and the rubber-stamp state school board. There is little doubt the heavy hand of Jefferson City would be felt less frequently in local school districts if voters had a say in choosing the people to fill those positions -- a practice already followed in some states.
Popular elections are still be the best way to choose public servants. A switch to appointed officeholders would further remove citizens from their government.
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