OpinionAugust 26, 1992

The Cape Girardeau City Council has taken steps to alleviate a problem. The city has moved toward hiring a second municipal court judge. It's a pragmatic approach to the matter. Council and city officials have been frank: It's not their preferred course of action. They would rather a circuit court judge who has handled disqualification cases in the past continue to do so. That would be the most cost-effec~tive avenue for the city...

The Cape Girardeau City Council has taken steps to alleviate a problem. The city has moved toward hiring a second municipal court judge. It's a pragmatic approach to the matter.

Council and city officials have been frank: It's not their preferred course of action. They would rather a circuit court judge who has handled disqualification cases in the past continue to do so. That would be the most cost-effec~tive avenue for the city.

But the city has adopted a practical attitude, which in the long run should serve the citizens of Cape Girardeau. The matter is mired in a legal dispute. Presiding Circuit Court Judge A.J. Seier doesn't feel he has the legal authority to appoint a circuit judge to hear disqualification cases. Unless the city wants to take its case to a higher court which could prove to be a lengthy proposition these disqualification cases could wait and wait.

Cape Girardeau's current municipal court judge Edward Calvin has suggested the hiring of a second judge is not the solution. He pointed out the Missouri Supreme Court has shown a willingness to appoint judges to hear Cape Girardeau's conflict cases. But the city shouldn't depend on this.

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It is true that Missouri Chief Justice Edward "Chip" Robertson came to Cape Girardeau to hear a backload of disqualification cases. Realistically, that's not going to happen very often. Already, more than 20 disqualification cases have occurred since Justice Robertson's visit earlier this summer.

A second judge should bring swifter justice in these disqualification cases. Council members have discussed the possibility that this second judge hold court once or twice a month. As a part-time position, the cost to taxpayers shouldn't be that high. Since the municipal court operates at a profit, the new judge's salary could be earmarked from those proceeds.

Since each side in municipal court case defense and prosecution can disqualify a judge, Calvin pointed out this second judge could also be disqualified. But most people agree that these cases would be rare. The city's plan to hire a second municipal court judge would take care of the majority of cases.

It's time to move beyond a war of words. This second municipal court judge is the most reasonable approach to solving the problem without further legal entanglements. In proposing a second judge, the city council is moving in a proper direction.

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