All rise: Gardner sworn in as circuit judge

The Bible verse Michael Gardner found as he turned over his page-a-day calendar Friday morning caught him by surprise.

He read the verse aloud to the standing-room-only crowd that packed the courtroom Friday afternoon at the Common Pleas Courthouse in Cape Girardeau:

"Do not judge, or you, too, will be judged."

The audience -- who had assembled to watch U.S. District Judge Stephen N. Limbaugh Jr. swear Gardner in as a judge in Missouri's 32nd Judicial Circuit -- burst out laughing.

"I'm sitting there at my desk, thinking, 'Whoa! What are you trying to tell me here?'" Gardner said.

Michael Gardner shows a page from his daily calendar after being sworn in Friday as district judge for the 32nd judicial circuit at the Common Pleas Courthouse in Cape Girardeau. (Glenn Landberg)

When the laughter died down, he shared his interpretation of the Scripture as it applies to his new position.

"In order to be a good judge, that does not mean that you have to be a judgmental person," he said.

Instead, Gardner said, a good judge must treat people with respect and approach each case with humility.

"I will keep this page for the rest of my career as a reminder of that," he said.

Gardner replaces longtime Circuit Judge William Syler, who retired after 22 years on the bench.

Before administering the oath of office, Limbaugh -- who preceded Syler as circuit judge -- warned Gardner to be prepared for a disruption unique to the Common Pleas Courthouse.

Every now and then, a riverboat will stop at Cape Girardeau, and the music from the boat's calliope will be so loud that it drowns out the proceedings, he said.

Judges in the 32nd Circuit know how to handle that circumstance, Limbaugh said.

"We have recessed court, advised the jurors to swivel back in their chairs, open the windows and enjoy the concert," he said.

On a more serious note, Limbaugh -- who hired a young Gardner as a law clerk and swore him in as a member of the Missouri Bar a few years later -- spoke of the new judge's accomplishments, including serving on the association's Board of Law Examiners, which grades bar exams and determines the character and fitness of prospective attorneys.

"It's not sufficient for a lawyer simply to be a competent, professional and ethical lawyer in the representation of his clients. ... You have to give something back to the profession," as Gardner has done, Limbaugh said.

Gardner's former law partner, Ted Yates, also praised his achievements.

At age 28, Gardner argued a case before the Missouri Supreme Court -- a rare opportunity for a young lawyer, Yates said.

"He's not mentioning that we lost the case," Gardner interjected.

"I wasn't going to mention that, but since you brought it up, you did a pitiful job," Yates joked.

Gardner's voice roughened with emotion at times as he thanked his mentors, family and former colleagues.

He praised Syler, who was unable to attend the ceremony Friday because of a prior commitment.

"I've got big shoes to fill," Gardner said. "... Judge Syler has served in this position with distinction and with class. He is a man of great integrity."

Gardner also spoke well of his opponents, Trae Bertrand and Allen Moss, noting they kept their campaigns positive during last year's three-way primary race for the judicial opening.

"There was not a single negative commercial" on television or radio, he said.

In his office after the ceremony, Gardner said he spent time meeting with current and former judges before taking office.

"I was privileged to be able to spend a lot of time with our current and some retired judges to prepare for the transition," he said.

Gardner said his goal is to treat each person in his courtroom with dignity and impartiality.

"My approach will be that everyone will get a fair shake in my courtroom," he said. "I will always listen to both sides and keep an open mind, and I will always treat everyone who comes before me with the dignity and respect they deserve."

epriddy@semissourian.com

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Pertinent address:

44 N. Lorimier St., Cape Girardeau, MO