KC Reporter

Mark Ferguson doesn’t aspire to serve as a judge, but he enjoys the opportunity to help select qualified people to sit on the bench.

Ferguson is a lawyer member of the Sixth Circuit Judicial Commission. He is one of two lawyers elected by their peers to the commission; his term expires at the end of 2023.

“I believe in the nonpartisan court plan,” Ferguson told KC Reporter. “It takes a lot of the partisanship out it. Not all of it but a lot.”

Mark M. Ferguson | nkc-law.com

He has been on the commission for some time without having to attend a meeting, but that will end Sept. 30 when the commission meets to begin the process to replace Judge James Van Amburg, who is retiring at the end of the year.

Ferguson said the last time there was a judicial opening about five years ago, there were nearly 20 applicants. He said he will interview all applicants, giving them 20-30 minutes to make their case.

That’s a sizable investment of his time but one he said is worth the effort, even though the commission does not pay its members.

“I can have a lot of positive input on who will be a judge on the circuit court,” Ferguson said.

The commission is chaired by Cynthia Martin, chief judge of the Missouri Court of Appeals, Western District. In addition to Ferguson, Jared Welch, a Platte City attorney serves, as do two non-lawyers, Julie Elliott of Smithville and Barbara Fulk of Platte City.

The chief judge in each appeals court district presides over the commission. The lawyers are selected by the State Bar of Missouri while the governor selects the non-lawyer members.

The commission assists in filling judicial vacancies in Platte County, which has five judges, as part of the Missouri Nonpartisan Court Plan, which was first adopted in 1940 in order to place qualified jurists on the bench instead of political appointees. It originally applied to judges of the Missouri Supreme Court, the court of appeals, the circuit, criminal corrections and probate courts of St. Louis city, and the circuit and probate courts of Jackson County. 

Since 1970 it has been expanded to include judges in St. Louis, Clay, Platte and Greene counties as well as Kansas City municipal court judges.

The commissions review applications and interview candidates before sending a panel of three names to the governor to make an appointment. If no judge is selected after 60 days, the power to appoint one reverts to the commission.

The Appellate Judicial Commission selects candidates for the state Supreme Court and the Court of Appeals. Each county has its own commission, as does the city of St. Louis.

Ferguson said his advice to prospective members of a judicial commission would be to “start networking early” and let their “lawyer brethren” know they have an interest in serving. They should want to select a judge who is “capable, not extreme and fair,” he said.

Ferguson cannot seek a second term in the seat he holds, but he could run for the position held by the other attorney. Will he?

“I don’t know. It’s a fine question,” he said. “We’ll see if I enjoy it.”

Ferguson graduated from Park High School, but did not immediately pursue a legal career. Instead, he studied advertising at the University of Missouri-Kansas City.

However, he then focused on the law and received his juris doctorate from UMKC’s law school in 1990, and then landed a job as a Rule 13 law clerk in order to gain knowledge and experience in writing, researching and analyzing cases.

He worked in Clay County’s prosecuting office, and later was named Missouri’s assistant prosecutor. He opened his own law firm in Kansas City in 1996.

“There’s a real rush that comes with presenting an argument in the courtroom, but what really gets me going is knowing that I’m helping change someone’s life for the better,” Ferguson said in a short biography on his law firm’s website.

He told KC Reporter that his favorite case is a DWI arrest.

“The vast majority of people turn not to be real criminals,” Ferguson said. “They’ve had or two too many glasses of wine or beer. Barely over the limit; they made a mistake.”

He said he also is glad he usually can witness a video of the police stop and arrest and doesn’t have to take anyone’s word for what happened. Instead, he can see for himself.

“I have it on video,” Ferguson said. “I don’t have to believe any other thing that what my eyes show me.”

He said he believes properly representing clients is a way to really “help another human being.”

In addition to his work as a lawyer, Ferguson, 56, serves as a municipal court judge in three communities.

An avid sports fan, he is the president of the Alliance Futbol Club and coached soccer for 12 years. A skiing accident curtailed his own career as a soccer player but he serves as a player-mentor to the Kansas City Comets.

Ferguson serves on the board of several nonprofit organizations. He and his wife have two children.