Stoddard County judge recuses self in lawyer's felony theft case

A Stoddard County judge's motion filed Wednesday recusing himself from presiding over Joe T. Buerkle's felony stealing case has postponed the former lawyer's sentencing, which was set for Monday in Bloomfield, Mo.

Buerkle, 67, who pleaded guilty to the felony charges in August, stole $325,000 from a trust fund account he was managing. The trust was opened for Donald Thomasson, who died in 2002.

Associate Circuit Court Judge Stephen R. Mitchell -- appointed to the case in January 2010 -- said he announced his decision in court and filed a written disqualification recusing himself in the case.

Since charges were filed against Buerkle in December 2009 by Cape Girardeau County Prosecuting Attorney Morley Swingle, Mitchell is the third judge to recuse himself from the case. He declined to comment on his action.

"It just would be inappropriate for me to make any remarks on it," Mitchell said.

Buerkle's attorney, Stephen Wilson, whose law office is in Cape Girardeau, also declined to comment on Mitchell's recusal. The case has been sent to the Missouri Supreme Court for the assignment of a new judge.

Swingle filed a motion for a special prosecutor to be appointed in the case in November, just more than a month after Buerkle pleaded guilty to the crime. Dunklin County Prosecuting Attorney Stephen Sokoloff is now handling the case.

"I'm hopeful the Supreme Court will get a new judge quickly, and they usually do," Sokoloff said. "The matter needs to be taken care of."

Buerkle pleaded guilty to mismanaging Thomasson's account between December 2005 and December 2007, when he transferred money from the trust to his own account for personal use. Lane Thomasson, 28, is the primary beneficiary of the account.

A police investigation found that 51 checks were paid out of the trust account. Buerkle deposited 34 checks, totaling $325,000, into his personal account, and 17 checks to other parties, including the Buerkle Law Firm, the J.B. Firm and the Limbaugh Firm, according to court documents.

After practicing in Jackson at his own firm, Buerkle became associated with the Limbaugh Firm in 2006. He resigned in July 2009.

Buerkle remains free on bond and faces a maximum of 15 years in prison for the crime.

No new sentencing date has been set.

ehevern@semissourian.com

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