May 23, 2012

Quiet Process of Choosing Supreme Court Judge Anything But

The normally quiet process of selecting a candidate for the Missouri Supreme Court has become anything but quiet. An advertising campaign has been started as Governor Blunt and Republican legislative leaders are raising questions about the process.

The Adam Smith Foundation has launched a radio advertising campaign against the Missouri Non-Partisan Court Plan. A dramatized conversation between a man and woman ushers in accusations that the Appellate Judicial Commission violated the "spirit" of Missouri’s Sunshine Law by holding "secret meetings" to choose the three finalists for a vacancy on the State Supreme Court.

As that campaign airs, Governor Blunt has stepped up criticism of the process, saying, "Clearly we need a more transparent process."

Blunt says he has a process in place to evaluate the three candidates, who are all appellate judges. Patricia Breckenridge was first appointed to the bench by then-Gov. Bond as associate circuit judge in Vernon County in 1982. Former Gov. Ashcroft appointed her to the Court of Appeals in Kansas City. The late Gov. Carnahan appointed Ronald Holliger to the Jackson County Circuit Court in 1995. Former Governor Holden appointed Holliger to the Western District Missouri Court of Appeals. Carnahan also appointed Nannette Baker to the bench, placing her on the St. Louis Circuit Court in 1999. Holden promoted her to the Eastern District Court of Appeals in 2004.

A leading Republican Senator, Charlie Shields of St. Joseph, has requested the Appellate Judicial Commission meet with a Senate committee to explain its process. Shields says he has always been a supporter of the judiciary, but is frustrated with the process that chose this panel.

The Appellate Judicial Commission has insisted it hasn’t violated any law, stating that it is required by Supreme Court rule to keep applicant names and documents private until a final panel of three is chosen.

Download/listen Brent Martin reports (:60 MP3)

House Speaker Pro Tem Announces Resignation

House Speaker Pro Tem Carl Bearden (R-St. Charles) is stepping down before term limits force him out of the House.

Bearden will join the lobbying firm Pelopidas created by Travis Brown and his wife, Rachel Keller Brown. Both Browns have individual lobbying companies that they will retain.

Bearden came into the House in 2000, two years before Republicans took control of the chamber. He counts Republican takeover of the House as one of the highlights of his legislative career. Bearden climbed up the leadership ladder quickly. He took center stage in deep budget cuts in 2002 as chairman of the House Budget Committee. Bearden refused then-Governor Holden’s request to tap the Rainy Day Fund to prop up a budget weighed down by the recession which followed in wake of the September 11, 2001 terrorist attacks.

Bearden was elected Speaker Pro Tem in 2005 and used the position to argue in favor of cuts to Medicaid, which Republicans defended as necessary to save the state budget. Democrats harshly criticized those cuts as overreaching and harmful to recipients who would no longer have health care. The cuts threw 90,000 recipients off Medicaid.

Bearden says the tough decisions made then helped turn the tide and put Missouri on firm financial footing. Bearden says much of the rhetoric from Democrats who criticize Republican budget cuts is aimed at the 2008 elections, not at what is good health care policy for Missouri.

Download/listen House Speaker Pro Tem Carl Bearden (R-St. Charles) looks back on legislative career with Brent Martin (5 min.)

This Time It Is Not a Tax Increase

When Democrat Bob Holden was Governor and tried to close some business tax loopholes, Republicans accused him of wanting to raise taxes on business. Now a Republican Governor wants to make some businesses pay 30-million dollars more in taxes and the rhetoric has changed. Governor Blunt has promised no tax increases. State budget director Larry Shepker avoids using the phrase–although given several opportunities to do so in a press briefing on the budget–when discussing the way the governor wants to get 30-million dollars more in taxes from businesses. He calls it “correcting the current tax structure” which pretty much sounds like closing a loophole in the minds of some of the reporters at the briefing. “No, I wouldn’t call it anything,” said Kempker. “It is a correction in state statutes to implement the proper collection of state taxes,” he said. But somebody will be paying 30-milliion dollars more in taxes. Isn’t that a tax increase, Deputy budget director Marty Drewell? “It’s a clearer definition in staute,” he said. But somebody is going to pay increased taxes. “There will be a net increase of thirty million dollars,” admitted Shepker. Well, he was asked, will it just come out of the air or will somebody pay it? “Somebody will pay it.” But calling increased taxes….a tax increase…is just not something the Blunt budget office can say. “Even though it will result in additional revenue…it’s not changing to force a tax increase, it’s a proper way to pay a tax,” according to Shepker. And some of those properly paying taxes will be paying more taxes if the Governor’s no-tax-increase increase goes through.

Focus on McCaskill as Dems Launch 2006 Election Campaign Effort

Democrats from around the state gather in Hannibal for Missouri Democrat Days – the unofficial kick-off of the 2006 election campaign season. A great deal of the attention was on the woman challenging Jim Talent in the U.S. Senate race. Claire McCaskill is taking stands on a number of important issues expected to be major concerns during this campaign: She supports different forms of stem cell research, believes renewal of the USA Patriot Act is the right thing to do, and does not want ownership of some U.S. ports turned over to a company owned by the government of the United Arab Emirates. McCaskill dismisses suggestions she would be a mouthpiece for liberal Democrats in party leadership, saying she would stand up to the likes of Democratic National Committee Chairman Howard Dean, Senator Ted Kennedy, and Senator Hillary Clinton. McCaskill says her controversial decision to challenge incumbent Democratic Governor Bob Holden in 2004 proves no one tells her what to say or do.

Related web sites:
McCaskill for Missouri

Changes Coming for State Homeland Security Office

Changes proposed for the state’s homeland security efforts are touted as streamlining the process, but might sound a bit like someone trying to put their own brand on something that already exists. Shortly after the 2001 terrorist attacks, Governor Holden appointed a state Homeland Security Director. Under the latest executive order from Governor Blunt, Missouri’s homeland security efforts now fall under the Department of Public Safety and a Homeland Security Advisory Council has been charged with submitting a new plan to the governor by January first. When asked if the state did not already have a homeland security plan, Public Safety Director Mark James responded that it did, but not one written by this administration.James couldn’t point to any specific gaps in homeland security that the previous administration had left. But he says you cannot measure success just based on what has not been measured. James is also not sure how much the state might have to spend to get homeland security where he believes it needs to be and he’s not sure if federal money might cover any possible costs.