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Bill

SJR 105

Provides for the appointment of all appellate judges by the Governor with the advice and consent of the Senate and for the election of all circuit and associate circuit judges

2026 Regular Session Introduced by Rick Brattin

Missouri bill shifts appellate judges to gubernatorial appointment with Senate consent, and circuit judges to direct election, replacing current merit-based selection system.

Second Read and Referred S Fiscal Oversight Committee
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Bill Summary · SJR 105

Legislative bill overview

SJR 105 would amend Missouri's judicial selection process by shifting appellate judges from Missouri's current merit-based "Missouri Plan" system to gubernatorial appointment with Senate confirmation. Circuit and associate circuit judges would transition from merit selection to direct election. This represents a fundamental restructuring of how Missouri selects its judiciary across multiple court levels.

Why is this important

Judicial selection methods significantly affect judicial independence, accountability, and the demographic composition of the bench. Missouri's current merit-selection system has been a national model for balancing judicial independence with public accountability. This change would make judges more directly accountable to elected officials and voters but could reduce insulation from political pressure and potentially increase campaign spending in judicial races.

Potential points of contention

  • Judicial independence vs. accountability: Appointive/elective systems create political pressure on judges, while merit systems prioritize independence; critics worry about politicization of courts, while supporters argue elected judges better represent public will
  • Senate confirmation burden: Gubernatorial appointment requires Senate confirmation, concentrating power with the executive and legislative branches rather than merit commissions, raising questions about whether qualified candidates might be rejected for partisan reasons
  • Campaign finance in judicial elections: Direct election of circuit judges historically requires significant fundraising, potentially limiting access for qualified candidates without political connections or wealth, and raising concerns about judicial impartiality toward campaign donors

Compiled from official sources — confirm details with the bill’s official record.

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