'AN EXCELLENT JURIST': LIMBAUGH BECOMES FIST CAPE NATIVE NAMED STATE CHIEF JUSTICE

With a reputation as a superior legal scholar, able administrator and likable consensus builder, Judge Stephen N. Limbaugh Jr. is expected to enjoy a successful term as chief justice of the Missouri Supreme Court, say several members of the legal community.

"I think he is an excellent jurist, and he will be an excellent administrator," said Circuit Court Judge William L. Syler of Cape Girardeau. "He will give a really good effort and be remembered as a good chief justice."

A nine-year veteran of the state high court, Limbaugh begins his two-year stint as chief justice on Sunday. Under the court's rotating system, the post passes to the most senior judge on the bench who hasn't had a turn.

Limbaugh, 49, will become the third Cape Girardeau man to serve as chief justice but the first Cape Girardeau native. While continuing to participate in hearing appeals and writing decisions, as chief justice Limbaugh will add numerous administrative duties.

Chief Justice William Ray Price Jr. will hand over the reigns to Limbaugh. Price joked that he's happy to pass on the increased workload that is not at all balanced by the $2,500-a- year pay boost.

"I think he'll do a wonderful job," Price said. "Judge Limbaugh is a serious student of the law. He is a good, sincere judge."

Price said one of the toughest tasks ahead of Limbaugh will be wrangling with the General Assembly to improve funding for the state court system, which, like other state agencies, has been affected by a tight budget.

Judge Michael A. Wolff predicts his colleague will work well with lawmakers in lobbying for the court.

"He has very good relationships with members of the Legislature of both parties," Wolff said. "He is very well thought of and a very affable fellow who will get along just fine."

Prolific writer

Then-Gov. John Ashcroft, a Republican, appointed Limbaugh to the Missouri Supreme Court in 1992. Limbaugh since has penned more than 100 majority opinions.

However, Limbaugh said the most significant case he has heard wasn't among those but was the 1994 impeachment trial of Secretary of State Judi Moriarty.

As an appellate court, the Supreme Court typically doesn't conduct trials. Moriarty's was the first in court history. The judges unanimously found Moriarty guilty of backdating her son's election filing, and he was forced from office.

Among traditional court actions, Limbaugh highlighted rulings related to the state's revenue-limiting Hancock Amendment, of which the court hears several a year.

"Hancock cases always have a big impact on state finances," Limbaugh said.

Past decisions paved the way for nearly $900 million in taxpayer refunds in the 1990s, though the court ruled earlier this year against ordering an additional $500 million in refunds.

One opinion written by Limbaugh also had a major impact on taxes. Associated Industries versus Director of Revenue held local-use taxes unconstitutional. Local officials, including those in Cape Girardeau County, sharply criticized Limbaugh because they lost revenue in the ruling. Limbaugh said he was sympathetic, but the law was clear.

"Judges are obligated to follow the law," Limbaugh said. "That is their foremost responsibility."

That's a prime consideration in death penalty cases, which often spark emotional responses from capital punishment supporters and opponents.

"Because such an ultimate punishment is imposed, we are especially careful with our interpretations of law," Limbaugh said.

As chief justice, he signs the execution warrants for death-row inmates whose appeals have been exhausted.

Double jeopardy expert

Cape Girardeau Prosecuting Attorney Morley Swingle said Limbaugh is one of the foremost authorities in the state on double jeopardy, the constitutional principle that bars the government from prosecuting a person multiple times for the same crime.

In State versus Mayo, Limbaugh wrote that double jeopardy does not apply when a person is convicted in criminal court for driving while intoxicated and also loses his driver's license through a civil administrative hearing.

Another case relating to the issue, State versus Burns, held that a person could be prosecuted for possession of 35 grams of marijuana after being acquitted for the lesser charge of possession of 5 grams of marijuana, even though it was the same marijuana.

Swingle gave Limbaugh high marks for his overall record in criminal cases, including recognizing the "residual hearsay exception" in Missouri in State versus Winston Bell. The exception assisted prosecutors in pursuing domestic violence cases in which the victim refuses to cooperate with authorities.

Also of note is State versus Knapp, in which the Limbaugh-led majority held that charges of involuntary manslaughter could be pursued against a drunken driver who caused the death of a fetus in a traffic crash.

Diverse experiences

Limbaugh's experience as a private attorney, prosecutor, trial judge and legal scholar are seen as strengths he brings to the court.

Syler, who succeeded Limbaugh as circuit judge for Bollinger, Cape Girardeau and Perry counties, said it's important to have former trial judges at the appellate level. "It is comforting for me to know the person reviewing my work has been in my shoes," Syler said.

Swingle said Limbaugh's decisions are well-researched and show careful consideration of the facts of the case and relevant law. His decisions aren't flashy, but they're right, Swingle said.

"You can tell he is not a judge that just puts in 9-to-5 hours and then goes home," he said.

With Republican President Bush in the White House, speculation has swirled in Jefferson City in recent months that Limbaugh could be in line for a federal judgeship. His father, Stephen N. Limbaugh Sr., is a senior U.S. district court judge in St. Louis.

Other rumors put the younger Limbaugh in a high-ranking spot at the U.S. Department of Justice, which is headed by John Ashcroft.

John Hancock, executive director of the Missouri Republican Party, said he's heard the rumors and believes Limbaugh would be an excellent choice for a federal post.

Ernie Blazar, a spokesman for U.S. Sen. Kit Bond, said the Missouri Republican "has high regard" for Limbaugh, who could make a good choice for federal judge in the future.

Limbaugh said he has no interest in such talk at this time. He's focused on the job at hand.

Swingle hopes Limbaugh remains on the state bench for years to come.

"From a selfish viewpoint, I'd rather see him stay on the Missouri Supreme Court," Swingle said. "But with his background he would make an excellent federal district judge or an excellent assistant attorney general."

Stephen N. Limbaugh Jr.

* Age: 49

* Home: Cape Girardeau

* Family: Wife, Marsha, and two sons, Stephen III, 18, and Christopher, 16.

* Education: Cape Girardeau public schools, Southern Methodist University (bachelor of arts, 1973; juris doctor, 1976) and University of Virginia (master of laws in judicial process, 1998)

* Professional: Private practice with Limbaugh, Limbaugh and Russell, 1977-78 and 1983-87; Cape Girardeau County prosecuting attorney, 1979-82; circuit court judge, 1987-92; state Supreme County judge, 1992-present.