Cape's residency rule was ignored in picking judge

To the editor:

Missouri statute dictates that a municipal judge must be a resident of the state and municipality in which the municipal judge serves when an ordinance or charter of that municipality requires such residence. Cape Girardeau has just such a residency ordinance.

It dictates that the municipal judge "must reside within the city limits." There are good reasons why the state and the city would require city residency for a municipal judge: the judge's availability to sign warrants, serve in an on-call capacity and be generally available for emergencies. Another advantage is that the judge's salary, paid by the people of this city, would stay in the Cape Girardeau economy. Also, judges who reside in the city share a sense of community with the citizens they serve.

Earlier this summer Cape Girardeau advertised to fill a vacancy for municipal judge, and there was a puzzling line in the description of qualifications: "Current city ordinance requires residency in Cape Girardeau, but non-residents may be considered." Non-residents may be considered? Isn't that what the statute and ordinance prevent? Several qualified city residents applied, but the position was offered to a person from East Prairie, Mo.

Now the mayor and city council are seeking to eliminate the city residency requirement for municipal judge. The residency requirement comes to a vote Monday night. The ordinance should not be eliminated. But even if it is, remember that this selection of a municipal judge took place before the ordinance was changed.

PAT McMENAMIN

Cape Girardeau