Litigation

Judge Dissolves Restraining Order in MO Dispute

By Peter Hardin

A judge has dissolved a temporary restraining order issued earlier against a group defending Missouri’s nationally recognized merit selection system for choosing judges.

A heated battle is unfolding over  a ballot measure campaign that is seeking to scrap Missouri?s judicial appointment system and replace it with competitive partisan elections.

On Thursday, a judge  granted a temporary restraining order against  the Missourians for Fair and Impartial Courts Action Fund, based on legal action by ShowMe Better Courts. The latter group is seeking to put direct partisan election of judges on the November ballot. The court order was aimed at halting intimidating tactics allegedly used by Fair and Impartial Courts to put the brakes on signature-collecting in support of the ballot measure, the Kansas City Star reported.

On Friday, the judge reversed direction after Fair and Impartial Courts had a chance to tell its story, according to a St. Louis Post-Dispatch article. Former state Supreme Court Judge Chip Robertson of that group said afterward, “The judge decided we didn’t have enough time to tell our side of the story.”

In addition, Ken Morley, a spokesman for Fair and Impartial Courts, said the ruling “dismissing the baseless complaint made by advocates of Illinois-style judicial elections is an important victory for those committed to protecting Missouri’s non-partisan system for selecting judges.

“We have an obligation and a right to educate Missourians about this dangerous initiative to politicize Missouri’s courts, and we have every intention to continue doing so. Missourians must know the dangers posed by this risky plan to inject money and politics into Missouri’s courtrooms.”

To learn more about the controversy over Missouri’s merit selection system, see Gavel Grab.

Full post as published by The Gavel on April 19, 2010 (boomark / email).