Greene County Could Benefit From Non-Partisan Judicial Selection

You may have heard there will be an election this November. Alongside trivial votes, such as who to choose for president, residents of Greene County will decide whether to adopt Missouri’s non-partisan court plan for their jurisdiction. Under the proposed change, Greene County judges would be selected by Missouri’s governor from a panel of three chosen by a judicial commission, rather than by popular election. The new commission would consist of the county’s chief judge, two citizens selected by the governor, and two lawyers elected by the county bar association.

This method of judicial selection is used for all of the state’s Supreme Court and appellate judges, as well as the judges for five circuits serving large cities and counties in Missouri. A recent study by the Show-Me Institute shows that adoption of this type of non-partisan court plan provides a better environment for economic performance and growth.

The “Missouri Plan,” as the system is known — because Missouri was the first state to adopt such a format — has been subsequently adopted, in various forms, by 25 other states. However, the plan has recently been the subject of much controversy here at home. In particular, some critics have accused the appellate commission — which selects the panels for openings to the state’s highest courts — of gaming the selection process by providing a panel consisting of one person that the commission supports and two others that they know would be unacceptable to the governor. There is much truth in these accusations, but the overall history of the plan, as well as its current operations in the local circuits, has been far less controversial. The Missouri Plan has served our state well by reducing the level of partisan politics in judicial selections.

In May, the Show-Me Institute released a study, “Is the ‘Missouri Plan’ Good for Missouri? The Economics of Judicial Selection,” by professors Joshua Hall and Russell Sobel. The study compared the various methods of judicial selection used in each state to that state’s legal quality ranking, as measured by the Institute for Legal Reform. The ILR ranks all 50 states every year according to results from a survey of attorneys representing large corporations. While the rankings are admittedly biased toward the interests of big business, this also serves as a formidable counterweight to the oft-heard charges that the Missouri Plan unfairly benefits trial lawyers.

The results of Hall’s and Sobel’s study are unambiguous: States that use some variant of the Missouri Plan’s merit-based system of judicial selection rank higher in terms of overall legal quality, according to the ILR survey, than states that elect their judges in either partisan or non-partisan races. Partisan elections, like those in Greene County, rank the lowest, by a significant margin.

The implications for Greene County are clear. The Hall and Sobel study presented economic findings that a legal system’s quality matters for economic growth, and although the paper focuses on statewide judicial selection plans, the hallmarks of a good statewide environment for business also apply at the county level. Respect for property rights, reliable enforcement of contracts, market-friendly laws, and fair juries are the foundations of a healthy business environment at any level of government. Positive efforts and statewide reforms, such as tort reform, can only go so far if the rulings of local elected judges are subject to electoral pressures.

The proposed judicial selection changes for Greene County should not be interpreted as an attack on the county’s current elected judges. In fact, eliminating the factor of partisan elections will relieve those judges of external pressures. If the non-partisan selection system is implemented, sitting judges will be maintained in office, subject to the people’s future retention votes.

The study by Hall and Sobel shows that selection systems with appointed judges correlates with generally improved environments for business and economic growth. In the long run, this change will benefit the people of Greene County by helping to ensure that the county remains a healthy environment for the free market to flourish.

David Stokes is a policy analyst at the Show-Me Institute.

 

Cigarette Taxes

The Jefferson City News-Tribune reports on one economist’s campaign to raise the cigarette tax. Tom Kruckemeyer wants the tax to go up by 15 cents per pack, with the resulting revenue to be spent on public health. And, although he doesn’t spell this out explicitly, it’s implied that the state will be doing everyone a favor by discouraging their smoking habits.

Let’s leave aside for now the issue of whether the government should discourage self-destructive behavior. If we agree that we should try to convince people not to smoke, is a slightly higher tax on cigarettes going to do the trick?

I don’t think so. First, cigarette smokers already face huge costs in terms of insurance premiums, medical care, health, and longevity. If they’re willing to accept those costs, an extra expense of a few pennies per pack is unlikely to deter them.

Second, smokers can go elsewhere to buy cigarettes. Here’s an example from the article:

“Being a low-tax state is a good thing,” said Ron Leone, executive director of the Missouri Petroleum Marketers Association. “Because it draws consumers from our higher-tax border states who come here and generate revenue.”

If smokers from other states come here to buy cigarettes now, Missouri’s smokers will be equally free to go elsewhere if we raise the tax.

Can’t Believe I Missed This Article Last Month …

At the Show-Me Institute, we love ethanol. More to the point, we love writing and blogging about the lunacy of America’s — and Missouri’s — ethanol policies. Here in Missouri, one of the most prominent critics of the state’s E-10 ethanol mandate has been SEMO Professor Michael Devaney. He was published back last month in the Southeast Missourian, with another great article on the subject. This is another in a series of ethanol articles he has written for the paper.

I love his summary of the situation we are in when it comes to the government getting involved in places that it has no business (as if that were rare):

No one is smart enough to predict with certainty which of these technologies will ultimately prevail, least of all politicians who are easily influenced by powerful special interests. It is more certain that American taxpayers will continue to subsidize corn ethanol regardless of the outcome.

Of course, I would be remiss if I did not take this opportunity to link to our own case study on this issue.

New Book Review Contest Offers Cash Prizes to Missouri College Students

The Show-Me Institute is excited to announce a new ongoing book review contest, targeted to Missouri college students and college-age non-students. The contest is intended to encourage the appraisal and critical exploration of a broad spectrum of the ideas of liberty, and will feature books both classic and current that focus on the economics and philosophy of freedom. The first contest book selection is Economic Facts and Fallacies, by famed Hoover Institution scholar Thomas Sowell. Book review entries are due by December 1, 2008, and the winning entries will be announced in mid-December.

For each contest, both a first-place winner and a runner-up will be selected. The winner will receive $100, the runner-up $50. The contest is open to all current Missouri residents, age 29 and under. Although the contest is primarily directed to both undergrad and graduate students in Missouri who are interested in exploring a broad spectrum of the ideas of liberty, non-students of general college age are also encouraged to participate. The age limit of 29 is intended only to keep the competitive climate on a relatively level playing field.

Contest guidelines do not specify any formal length or stylistic considerations for review submissions. The purpose of this contest is to encourage critical analysis, debate, and discussion of a wide range of thought about freedom and free-market economic perspectives. As such, entrants are not necessarily expected to agree with or advocate the ideas contained in the book under consideration, but submitted essays should demonstrate a thorough understanding of the book’s concepts and a serious attempt to grapple with the author’s ideas. The review evaluation process is necessarily subjective, although every effort will be made to consider entries in a fair and impartial manner, without regard to race, creed, color, national origin, religion, sex, marital status, disability, sexual orientation, or veteran status.

The Show-Me Institute and its scholars do not necessarily agree with or advocate the ideas contained in the books selected for use in this ongoing contest series; rather, the institute hopes to encourage critical analysis, debate, and discussion of a wide range of thought about freedom and free-market economic perspectives.

For further details, please consult the contest rules and guidelines on the Show-Me Institute website.

Anti-Light Rail Campaign in Kansas City

The Kansas City Star ran an article today about a new group that’s campaigning against the city’s light rail proposal. The Show-Me Institute published a study earlier this year pointing out that light rail is exorbitantly expensive, increases traffic congestion, carries lower ridership capacity than freeway lanes, is less energy-efficient than passenger cars, results in lower per-capita transit ridership, doesn’t stimulate urban development (unless the government adds in huge additional subsidies), and is a particularly poor fit for Kansas City, an area with a low concentration of downtown jobs. The study outlines even more drawbacks, but these are all good reasons to hope that Kansas City nixes light-rail plans — perhaps instead funding a new, flexible, low-cost bus–rapid transit program.
Continue reading “Anti-Light Rail Campaign in Kansas City”

Thoughts on the Home Rule Charter of Jefferson County

On November 4, voters in Jefferson County will decide whether they would like their jurisdiction to become a charter county via adoption of a home rule charter. This would give the people of Jeff Co much more say in how their county operates its own government. Currently, there are just three charter counties in Missouri — Saint Louis, Saint Charles, and Jackson. The independent city of Saint Louis effectively operates that way, too. During the past year, a dedicated group of Jeff Co residents has been working out a charter for the citizens to consider in the coming election. If it is approved, Jeff Co will become a charter county and this document will become the county’s constitution. If it is rejected, Jeff Co will continue as a first-class county governed by the Missouri statutes that dictate how such a county should operated. Continue reading “Thoughts on the Home Rule Charter of Jefferson County”

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