Albert Kales

In 1914, Albert Kales, the AJS Director of Research, proposed a system to replace contested partisan judicial elections.His proposal, although modified later in a number of specifics, included the two basic components of a merit selection process (nomination by a commission on the basis of merit and unopposed retention elections).16 In 1928, the American Judicature Society endorsed Professor Kale's proposal with modifications.In 1937, the American Bar Association adopted the merit plan proposing a system which included appointment from a list of nominees named by a commission and periodic elections wherein the incumbent would "go before the people upon his record with no opposing candidate, the people voting upon the question, Shall Judge (BLANK) be retained in office?"17

Missouri became the first state to adopt a merit selection plan as described in the proposals of AJS and the ABA.That plan, now known as the "Missouri Plan", included the components of a merit selection commission which nominates judicial candidates based on merit, selection of judges by the Governor from a list of nominees submitted by the commission, and appointed judges standing for continuation in office in non-competitive retention elections.