Challenger for circuit judge questions work of incumbent

By Mark Bliss ~ Southeast Missourian

The lawyer seeking to unseat circuit Judge William Syler in the August Republican primary alleges that he and other lawyers don't have confidence in the veteran judge and increasingly are disqualifying him from hearing their criminal cases.

Bryan Keller, an assistant public defender, made the charge in campaign advertisements this week.

Syler dismisses such talk as political grandstanding. He has served for 10 years -- initially appointed to fill an unexpired term -- and hopes to be re-elected to another six-year term.

"This is an election ploy," Syler said. "It is something he has made up. I don't know of anyone who really believes it."

Some lawyers do side with Keller. Others, such Morley Swingle, Cape Girardeau County prosecuting attorney, insist that Syler is a good judge.

"His intelligence, strength, integrity and experience make him an excellent judge," said Swingle, who has endorsed Syler for re-election. Swingle said the prosecutor's office doesn't routinely disqualify any judge.

Lora Cooper, a former assistant prosecuting attorney for Swingle, said the prosecutor's office has disqualified Syler in some cases, although she personally never did so. Still, she said Syler has ignored case law in court proceedings, including a January trial in which she prosecuted a man for a Sept. 3, 2000, stabbing incident at the Taste Lounge in Cape Girardeau.

"I found a case that said I could talk about the fact the defendant had absconded," she said. "The judge said 'you are not going to do that.'"

"It does get really frustrating," said Cooper, who left at the end of March to take a job as assistant prosecuting attorney in New Madrid County.

The defendant, Aaron Wade of Cape Girardeau, was convicted of second-degree assault and armed criminal action. He was later sentenced to seven years in prison by Judge John Grimm after Syler recused himself.

Syler said he turned the case over to Grimm because Keller, his opponent as circuit judge, was the defense attorney in the case. Syler said he didn't want any appearance of impropriety.

Keller said he has disqualified the judge regularly for more than a year and every time since he's filed for office. Keller complained that Syler refused to even look at case law when he has tried to get statements or evidence against his clients thrown out.

"To go in front of a judge who is not going to be willing to look at and follow the law is never in the best interest of any of my clients," he said.

Criminal defense lawyer Al Lowes defended Syler.

"Bill Syler is one of the better judges we've got," Lowes said. "He is very good on the law, an awfully good student of the law."

Lowes said he disqualifies Syler and other judges when he feels it is in the best interest of his client. He doesn't believe Syler is disqualified any more than any other judge in the circuit.

In criminal cases, the defense and prosecution each can automatically disqualify a judge without having to give any reason.

"We are entitled to go judge shopping," Lowes said.

'Overload' in question

In a newspaper ad, Keller said the disqualification of Syler in many cases has burdened the dockets of other judges in the 32nd Judicial Circuit of Cape Girardeau, Perry and Bollinger counties.

Keller said the other judges "must now deal with an excessive overload of cases, causing the wheels of justice to turn slowly for many citizens."

But Keller couldn't produce any statistics to prove his point. Syler couldn't point to figures either.

Neither the Cape Girardeau County circuit clerk's office nor the state Supreme Court could provide figures on how many times Syler has been disqualified.

Grimm, the presiding judge of the circuit, said his criminal docket may be heavier right now than Syler's, but Grimm doesn't read anything into the situation.

"I think it is fair to say all of us go through periods of times when we are disqualified by some attorneys more than others," Grimm said. "The bottom line is for an attorney to do the best job he can for his client."

mbliss@semissourian.com

335-6611, extension 123