NewsNovember 13, 1994

The anti-incumbent sentiment that has swept the country this year wasn't reflected in retention votes for appeals and supreme court judges in Missouri. That suited Cape Girardeau native Stephen N. Limbaugh Jr. just fine. His retention vote enabled him to claim a 12-year term on the Missouri Supreme Court with a comfortable margin...

The anti-incumbent sentiment that has swept the country this year wasn't reflected in retention votes for appeals and supreme court judges in Missouri.

That suited Cape Girardeau native Stephen N. Limbaugh Jr. just fine. His retention vote enabled him to claim a 12-year term on the Missouri Supreme Court with a comfortable margin.

"We are pleased that the trend is going up to where it has been historically," said Limbaugh, who received a "yes" vote from 63.5 percent of the voters going to the polls Tuesday.

"It is a relief to go through that and be approved by voters, especially by such a large margin," said Limbaugh.

Also up for retention on the seven member court was William Ray Price Jr. of Kansas City, who got about 64.5 percent of the vote.

Limbaugh was appointed to the court in August of 1992 and under the state's non partisan court plan, was subject to retention by voters in the next general election.

In 1986 when Judge Edward Robertson was up for retention, he received a favorable vote of around 67 percent. But voter dissatisfaction and an anti-incumbency feeling, dropped retention votes in 1990 down to under 60 percent for three supreme court judges. One was retained with just 52 percent.

One of the factors that year was a late ruling by the court to keep an ethics amendment off the November ballot. Since ballots already were printed, voters found a sticker over the question declaring that it had been removed by order of the supreme court.

"I suspect that was a factor, because after that issue, the next thing they voted on was judges," said Limbaugh.

To deal with the declining approval levels, former U.S. Sen. Thomas F. Eagleton headed a group in 1992 that raised money to educate voters about the Missouri nonpartisan court plan.

Judges also attempted to become more visible by speaking to groups around Missouri.

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Two years ago, Judges Duane Benton and Elwood Thomas both got around 60 percent of the vote.

Judges aren't allowed to campaign for retention. But Limbaugh and Price spoke to many groups about the judicial system and the role of the courts.

"It was part of an effort to make our court more visible and more accessible, because our function is not just to decide cases, but also to administer the entire third branch of government," said Limbaugh. "In that capacity it is very appropriate and necessary to be visible and accessible to the people."

Despite Limbaugh's best efforts to do his share to inform the public about the state court system, not everyone got the message.

On election day Limbaugh's father, United States District Judge Stephen Limbaugh Sr. presided over a federal jury trial. Jurors sent the elder Limbaugh a note saying all eight of them voted for him, not realizing they had voted for Steve Jr.

Federal judges are appointed by the president and confirmed by the Senate. They are not voted on.

In Cape Girardeau County, Limbaugh piled up an impressive 80.86 percent of the vote, with 17,464 supporting retention and 4,134 opposing it.

By comparison, Judge Price's retention vote was 72 percent favorable in the county.

Before his appointment to the court by former Gov. John Ashcroft, Limbaugh served four years as prosecuting attorney, worked in private practice, and was a circuit judge for six years.

Limbaugh, 42, said he enjoys his work as a supreme court judge and is looking forward to further service.

"It is really challenging. It is a great job and very rewarding," said Limbaugh.

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