Allen Moss announces plans for judge race

The field of candidates that wants to replace the 32nd Judicial Circuit's presiding judge upon his retirement keeps growing.

Local lawyer Allen Moss, a Republican, is third to announce candidacy for the position, which voters will decide later this year. Moss joins fellow Republicans and lawyers Trae Bertrand and Michael Gardner in seeking the seat. Longtime officeholder Judge William L. Syler has said he plans to retire at the end of his term, which finishes in December.

Moss, who has 27 years of experience as an attorney and has been an assistant attorney general and municipal judge, enters the race with the endorsement of the sheriffs of the counties included in the circuit -- John Jordan of Cape Girardeau County, Darin Shell of Bollinger County and Gary Schaaf of Perry County -- as well as the endorsement of state Sen. Wayne Wallingford and lawyer and former Cape Girardeau mayor Al Spradling, who is chairing Moss' campaign.

Wallingford stated in a news release "that Allen's integrity, temperament and professionalism were the qualities that were needed in the judiciary."

"Having known Allen for a number of years, I know that his integrity is beyond reproach and that no one takes their job more seriously than Allen Moss," Wallingford said in the release. "I can think of no person who I would rather have as our Circuit Judge than Allen Moss."

But Moss' campaign comes with controversy via a longtime county prosecutor.

Moss has officially run for office once before. In 1994, he sought the Division IV judge's post, but lost the election to Peter Statler. In late 2012, Moss publicly stated his interest in replacing Prosecuting Attorney Morley Swingle, but ultimately decided not to seek nomination to the post from Gov. Jay Nixon, citing political pressure and family considerations.

Swingle, who left the elected county position to become a federal prosecutor and is now working for a private firm in Colorado, released documents in 2012 related to Moss' 1988 separation from the prosecuting attorney's office. The documents were released in response to an open records request from the Southeast Missourian at the time. Moss was approached by the Southeast Missourian about the accusations in the documents, but he withdrew from the prosecutor's race. Accompanying the documents was a letter from Swingle, noting that Moss was the only one of 34 assistant prosecutors Swingle asked to resign in his 25 years as prosecutor.

The documents detailed allegations of inappropriate behavior by Moss during the eight months he was an assistant prosecutor, including the use of the N-word during his time of employment. The documents also claim Moss had a badge made without Swingle's authorization and inappropriately showed it to police officers at the scene of a search warrant execution. Swingle also claimed Moss used profanity in front of a judge, and made "extremely critical comments about the PA office" in general as well as about a specific attorney, behind his back. Moss, according to Swingle's documents, is said to have tried to demand action from the Jackson Police Department, which was not under his jurisdiction.

Moss declined to be interviewed about the documents; instead he issued a statement. "As a new attorney right out of law school, my first job was with Morley Swingle at the Prosecutor's Office," Moss wrote. "Having now practiced law for 27 years, I can say that I definitely was learning how to be an attorney at that time. I will always be grateful for the experiences that I had with Morley at that time, and I appreciate the glowing letters of recommendation he wrote when I moved to the city attorney's office in Cape Girardeau. Having an extended period of varied service in the law uniquely qualifies me to serve as Circuit Judge."

In the documents, Swingle said Moss was given the opportunity to resign with a letter of recommendation or be fired.

In the letter of recommendation, Swingle wrote that Moss had "excellent work habits," put in "long hours necessary for a successful lawyer" and was "developing into a fine trial lawyer." Furthermore, Swingle wrote, he had "no doubt at all that Allen would be an excellent addition to the staff of any law office."

The legal work that Moss has performed includes being the municipal judge for Scott City. When reached Monday, Scott City administrator Ron Eskew said he has known Moss for 14 years and has never known Moss to be anything but "extraordinarily professional."

"He's professional to the nth degree," Eskew said. He's staunch when it comes to not letting his guard down anywhere." He added that Moss doesn't drink alcohol. Eskew said he's never heard complaints about Moss. "He's always very courteous to everybody," Eskew said.

Spradling, the former Cape Girardeau mayor, wrote in a prepared statement supporting Moss that he was aware of the various allegations made in 1988.

"Having worked with Allen since then I have found that he is a very competent and qualified attorney to hold the position of Circuit Judge of the 32nd Judicial Circuit," Spradling's statement said. "What happened over 26 years ago should not have, and in my opinion does not have, any bearing on Allen's ability to become the next Division I Circuit Judge."

Moss has been an active participant in the community. He has been involved in the Optimist Club, the Cape Girardeau Church Basketball League and a member of the Missouri Farm Bureau, the National Rifle Association, the American Quarter Horse Association and the SEMO Pachyderm Club.

Southeast Missourian reporter Ruth Campbell contributed to this report.

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