Judge Ye, Judge Ye Well: Divorce in the Courts
Two things emerge from a long and stressful week: An unsuccessful attack on the NonPartisan Missouri Plan for selection of judges in certain Missouri Counties, including Jackson County; and a trial in which a child has disclosed sexual abuse by her father wherein I represent the mother.
Of the court-selection process, I can say this. The move was intended to give the Governor decisive power in selecting judicial nominees, and to give the General Assembly the final say in the selection of judges in those counties in which judges are not elected. I found that to be a monumentally poor idea and am very glad it failed. I do not want to see judicial appointments became the purview of politicians in the county where I practice.
I believe that people who proposed and endorsed this misguided effort wanted to diminish the role of lawyers in the appointment of judges by outweighing their 3-member committee representation with a 4-member gubenatorial election. I do not think it is unwise to ask members of the Bar to have a substantial say in the appointment of judges, because they are more likely to be uniquely qualified to do so. Judges should be selected by ability to judge, experience at the Bar, and other relevant experiences and characteristics. They should definitely not be elected, since election most often turns on spending power, and that spending power turns on the contributions of private interest groups in many cases.
Of the trial, which is not complete, I can say this and no more: Serving as a judge is an awesome responsibility. I have had many intimate or flat-out state that I would be a good judge, but I disagree. I am an advocate. I take sides. A judge must weigh the evidence and determine which side is the more credible — whether it is more probable than not that X is true or Y is false, using the civil standard. That is the job of the judge, and most perform with admirable skill in executing their duties. In a custody case, the judge must determine what custodial arrangement is in the child’s best interest, and must reach findings of fact that act as logical stepping stones leading to the conclusions that will guide the parenting of the child into adulthood. That job is the sole province of the judiciary, and it is an awesome and heavy burden that I do not envy, but the carrying of which I admire.
Families in crisis need wise and compassionate judges when bringing their divorce and custody cases for determination. Our children deserve well-qualified judges, and I believe that Missouri has done an excellent job of devising methods for judicial selection through the Missouri Court Plan. It is not for me to say that counties in which judges are now elected should adopt a selection process instead; but our watchdogs would do well to examine the Bench throughout the state, with an eye towards promoting the selection of judges who have no allegiance other than to justice, and who serve no client other than the truth.