Amid Challenges, The Missouri Bar Continues It's Focus on Service and Leadership
Thomas M. Burke
The Hullverson Law Firm
St. Louis
"There’s nothing down here that isn’t political ... [this plan] will be political if there are changes.”
Senator Jim Lembke,
during a committee hearing
on HJR 10, April 23, 2009
"The complete independence of the courts of justice is .... essential.”
Alexander Hamilton,
Federalist Papers #78,
May 28, 1788
If proponents of HJR 10 had had their way, judicial independence manifested by fair and impartial courts would have been critically compromised. HJR 10 would have injected partisan politics into the heart of Missouri’s judicial selection system. Fortunately, thanks to the hard work of a broad coalition of citizens, lawyers, and professional, civic, and business groups, HJR 10 failed to gain passage during the 2009 legislative session, which concluded on May 15.
HJR 10 was the most recent incarnation of a variety of legislative proposals designed to dismantle Missouri’s non-partisan court plan in favor of judicial selection methods based largely on partisan politics. This cycle of agitation began in the summer of 2007. Throughout the fall of 2007, the Missouri Non-Partisan Court Plan and competing politically driven judicial selection models were debated at bar association meetings, law schools, civic organizations, business round tables, and water coolers throughout the state. During the 2008 legislative session, HJR 49 became the vehicle by which detractors of the Missouri Plan attempted to politicize the plan. There were extensive, spirited hearings held in the House, during which the Missouri Plan, and proposals to change it, were thoroughly vetted. When it came to a vote, HJR 49 was soundly defeated in the Missouri House of Representatives.
Soon after the legislative session ended in May 2008, the Missouri Plan was again front and center – this time in Greene County, where voters were asked whether they wanted to implement the non-partisan court plan in their county. Opponents of the plan mounted an extensive and expensive media campaign in an attempt to defeat the proposition. Hundreds of thousands of dollars were spent in a broad-based anti-plan media blitz. In the November election, the citizens of Greene County adopted the non-partisan court plan in convincing fashion.
Proponents of politicizing Missouri’s court plan returned in the 2009 legislative session. The vehicle this year was HJR 10. After extensive hearings in the House and Senate, HJR 10 was passed in the House and sent to the floor of the Senate, where it was debated in excess of 10 hours. However, thanks to the work of a bipartisan group of senators, HJR 10 and its malignant injection of partisan politics into Missouri’s judicial selection process found its way into the dust bin of legislative history.
Dozens of Missouri Bar members were part of the broad-based coalition of Missourians who worked hard to ensure the demise of HJR 10. Many were a constant presence in the halls of the Capitol, providing information and analysis regarding the likely consequences and effect on the Missouri court system should the resolution be adopted. Several spoke to civic and business groups around the state. Several testified in committee hearings. There were press conferences and letters to the editor. A lot of people made contributions, large and small, but all important to the cause. In the end, our efforts were rewarded, and HJR 10 received the legislative death it deserved.
Despite the depth and breadth of The Missouri Bar’s response to the insidious threat to Missouri’s Non-Partisan Court Plan, the bar’s efforts were handled in due course, without the siphoning off of its vital resources of time and effort. This allowed the bar to address other important issues and programs:
Other Legislation
An omnibus judicial bill (HB 481), the first to pass since 2005, contained two bar-drafted proposals – the Uniform Child Custody Jurisdiction and Enforcement Act and changes relating to the use and disclosure of Social Security numbers in domestic relations pleadings.
The Missouri Public Defender System received an increase in funding, allowing it to hire additional personnel and contract with private attorneys to reduce the public defender system’s caseload. This is expected to result in savings to the state due to a reduction in the backlog of pending cases and the freeing of penal/incarceration resources.
SB 265 was also passed, extending the expiration date of the statewide court automation fund fee from September 1, 2009 to September 1, 2013, and allowing the Court Automation Committee to continue its functions until September 1, 2015.
Professionalism
The Missouri Bar Task Force on Professionalism has substantially completed its work, recommending that the bar’s open enrollment standing committee on professionalism should include appointed representatives from various bar-related groups with the greatest interest in professionalism, including the Supreme Court of Missouri, the Courts of Appeals, circuit courts, the Board of Law Examiners, the Advisory Committee, deans of the four law schools in Missouri, and the Office of Chief Disciplinary Counsel.
Per the task force’s recommendation, the Board of Governors is considering changing the MCLE rule to provide that Missouri Bar members earn at least one hour of professionalism/ethics/malpractice prevention programming each year. The recommendation has been taken under advisement by the Board for possible action at its July meeting.
Member Benefits
Important work addressing the needs of Missouri Bar members in light of the changing economy has continued apace. The bar has revamped its website to make its services and resources more readily accessible, including law practice management information, Fastcase, online CLE course materials, lawyer referral service, and Jobs for Missouri Lawyers (formerly known as the Lawyer Placement Service).
In addition, the bar recently rolled out its professional online networking program, MoBar Circle. This new tool will greatly enhance members’ ability to communicate with each other in a variety of groups and forums.
Finally, the bar made available several scholarships for lawyers in financial need wishing to attend this year’s Solo and Small Firm Conference.
Civic Education
The Missouri Bar, in cooperation with St. Louis University School of Law, sponsored a “mini-law school” for the public between March 30 and May 11, 2009. The seven-week program took place once each week, and in each session covered two areas of law. The school was filled to capacity, with a long waiting list.
Topics included Judge Michael Wolff speaking on Missouri’s court system, attorney Mark Kramer discussing night court, Professor Sandra Johnson explaining end of life legal issues, and St. Louis Circuit Attorney Jennifer Joyce highlighting various aspects of criminal law and procedure.
The school was an overwhelming success, and provided an outstanding public outreach for The Missouri Bar as part of the state bar’s efforts to increase public understanding of the law and to promote mutual respect between the public and the profession.
Outreach
Bar leadership has made a concerted effort to meet with lawyers and civic groups in virtually every county and circuit throughout the state. In addition, bar officers have made it a priority to meet with the leaderships of a variety of specialty and local bar associations, including the Mound City Bar Association, the Missouri-Asian Bar Association, and the Women Lawyers’ Association of Mid-Missouri.
Bar leadership has also met with numerous attorney groups representing various segments of our membership, including leaders of the prosecuting attorneys from throughout Missouri, in an effort to establish a dialogue with these important components of our membership.
The Missouri Bar is committed to not only meet the challenges to our judiciary and to preserve our fair and impartial courts, but also to address those issues vital to our membership, to ensure that your Missouri Bar continues to provide the best in leadership and services for our profession.