A Southeast Missouri circuit judge faces a Democratic primary challenge from a Scott City attorney who says the judge will be forced to retire before the end of his six-year term.

David Dolan, circuit judge for the 33rd circuit of Scott and Mississippi counties, is challenged by attorney Rebecca Reed in the Aug. 7 primary. Dolan is seeking election to a fourth term. The winner will be unopposed in the November general election.

The position carries an annual salary of $149,723, according to the state manual.

Rebecca Reed

Dolan insists he can serve out his term as a senior judge when he reaches the mandatory retirement age of 70.

But Reed, an attorney at the Siebert and Reed Law Firm and city prosecutor for Scott City, views it differently.

�I am the only candidate who can serve out the full, six-year term and who can be in a position to see our judicial system through the years that follow,� she wrote in an email to the Southeast Missourian.

Reed said the Missouri Constitution requires a judge to retire at age 70.

�It is presumptuous to assume he can remain in the position as senior judge, given that such a scenario would require an appointment and special assignment by the (state) Supreme Court,� she said.

Reed said the Office of State Courts Administrator has advised that senior judges typically are used in a limited capacity, such as when there is a conflict and no other judge is available to preside.

Dolan said in an email the term covers 2,310 days. If re-elected, he said he would be able to serve 2,140 days as circuit judge and the remainder as a senior judge.

�If counting days is an issue and not my record, I feel pretty confident that I have served the people of Scott and Mississippi counties very well,� he said.

Dolan has a long history of public service. He previously was elected Scott County prosecuting attorney and later associate circuit judge Division 4.

He was appointed as presiding circuit judge in 1998. Voters elected him as circuit judge in 2000 and re-elected him in 2006 and 2012.

�I have a proven track record as a fair and honest judge and person,� he said.

Dolan said, �Knowledge, experience, training and temperament are what makes me the best candidate for this position.�

He added, �As a judge, I spend every day solving problems. That is why people come to the court. They expect me to treat them fairly, in a prompt, courteous and efficient manner.�

But Reed said �when a person has been in office for as long as my opponent has, they can become desensitized to the gravity of the decisions they make.�

Reed said she would bring �a fresh perspective and new approach to the position.�

If elected, Reed said she would implement new case management procedures to provide for quicker resolution of cases.

�Cases are dragging on for far too long, clogging up dockets and prejudicing parties. Dilatory tactics should not be an acceptable trial strategy to prevent the imposition of judgment or to hide the inadequacies of a case,� she said.

In addition, defendants frequently are allowed to remain on probation despite having violated the terms of probation, Reed said.

�I pledge that if a person willingly violates their conditions, their probation will be revoked and sentence will be imposed,� she said.

The Scott City attorney said she also would �severely restrict� the use of a grand jury in the judicial circuit.

�It is an antiquated procedure that denies a defendant a fair opportunity to confront the evidence against them,� Reed said. �Grand jury proceedings enable the state to sidestep preliminary hearings, effectively preventing a judge from objectively hearing the evidence supporting a charge and weeding out those cases that fail to meet the required legal threshold,� she said.

As for Dolan, he said he would like to add an additional law day to hear cases in which litigants represent themselves.

�These cases require more time to hear and litigate since those appearing before the court are not trained in the law,� Dolan said.

The longtime judge said a typical law day in Scott County court in Benton, Missouri, involves 135 to 200 cases. In addition, there is a �tremendous caseload� as a result of having a state prison in Mississippi County, he said.

�As judges we make decisions every day regarding the law that have tremendous effect on individuals, families and businesses,� Dolan said. �It is difficult but rewarding.�

A circuit judge also has be fiscally responsible in the operation of the court, he said.

�It�s not just deciding cases; it is dealing with deadlines, human resource issues and keeping the doors open and the public and employees safe,� Dolan said.

Reed has criticized Dolan for applying for other positions.

�Serving the citizens of the 33rd Judicial Circuit should be the sole focus and only goal of our circuit judge,� she said.

Dolan last year was one of 31 applicants for a position on the Missouri Supreme Court. He was not named to the court.

Dolan was a finalist in 2012 for appellate judge in the Southern District of Missouri. Dolan has said he was �honored� to be a finalist for the appeals court position.

He said the judicial circuit over which he presides is one of the �best in the state.�

mbliss@semissourian.com

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