GRIMM, LEWIS HOPE TO LAND CIRCUIT JUDGE'S SEAT

The resignation of Division II Circuit Judge A.J. Seier last fall created opportunities for both John Grimm and Ben Lewis.

For Grimm, a partner in the Limbaugh law firm, it created the opportunity to become a circuit judge. He applied for the vacancy and was appointed by Gov. Mel Carnahan to the remaining 13 months of Seier's term.

For Lewis, serving his first term as Division III associate circuit judge in Cape Girardeau County, Seier's resignation created an opportunity to fulfill a career goal to become a circuit judge. The chance came earlier than expected because he anticipated Seier serving another six-year term.

Their pursuit of opportunity is on a collision course, which will be decided by voters in the 32nd District of Cape Girardeau, Bollinger and Perry counties Tuesday.

After Jan. 1, one of the two will still be a judge and the other will be back in private law practice.

Lewis gave up an almost certain re-election as Division III judge to challenge Grimm.

"If I don't run this year, I can be locked into this for the next 30 years and won't have a chance to move up," he said. "John is 32 and (Division I Circuit Judge) Bill Syler is 46. I can't wait on one of them to retire. I had to choose between my job or this, so I am up or out Jan. 1."

Lewis said he has enjoyed his four years as associate judge and looks forward to greater challenges as circuit judge and being able to spend more time on bigger cases.

Grimm, the son of Missouri Appeals Court Judge Stanley Grimm, said he has also enjoyed the work of being a judge during the past year.

"I feel like I have been doing a good job and would like to continue serving in that position," he said.

To Grimm, the main issue in the campaign should be his record as circuit judge.

"I am asking voters to look at my record, consider the job I have done, and if they believe I have been doing a good job, vote to keep me in that position," he said.

That record includes one of stiff sentences to people who have committed violent crimes and a tendency to be tough on crime, Grimm said.

"I also have a concern about violent offenders being released early from prison, and that is why I support truth-in-sentencing laws that require criminals to serve the time to which they are sentenced," he said.

He added he also supports alternative sentencing for non-violent offenders, and believes criminals should pay the cost of the criminal justice system by making restitution to victims and paying for jail board.

During the last year, Grimm said he has ordered criminals to pay more than $150,000.

For Lewis, the main issue is his legal experience and maturity gained from life experiences.

Lewis has been a lawyer for 14 years and is 39. He points out that the state constitution requires circuit judges to be 30, and the average age for elected circuit judges in the state is 43.

"The main difference is the level of maturity," he said. "Since I was his age, I married, had two children, my dad died, I was in private practice, elected to the school board, was elected judge," Lewis said. "You can't do all that without having it affect you. I know a lot more about being a judge than I did four years ago and I know a lot more about life than I did eight years ago."

Lewis points out that many of the cases judges deal with involve families one way or another.

Another difference cited by Lewis, a Republican, is that both he and Grimm have been active in their political parties.

Lewis said conservatives tend to be Republican, and this year, "I think people are looking for conservatives, especially in their judges."

Grimm, who is not married, said age shouldn't be a factor and that voters should look at how he has done as judge the past year and at the quality of his experience as an attorney.

"I think the primary difference between us is that I am the circuit judge now," he said. "I have been doing the job for almost a year. I think during that time I have developed a reputation for being hard working, fair and impartial."

"In addition, my experience as a lawyer was in the area of trial work and litigation, which is primarily what circuit judges handle," he said. "I have experience trying jury trials in both state and federal courts."

Grimm said there are many examples where younger people, with the right kind of quality experience needed to do a certain job, have been put in responsible positions and handled the duties well.

He points out that Christopher Bond was elected governor at 33; Gov. John Ashcroft appointed Chip Robertson to the Supreme Court at 33; Steve Limbaugh Jr. was 35 when he became circuit judge; and a workers' comp judge in the area was appointed at age 29.

Lewis suggests that voters should view the race as a personnel decision they have to make.

"If you had to pick one of these two people to do this job, and you had to defend your choice to friends and neighbors, which of these applicants would you pick?" he said.

Both candidates agree the 32nd circuit is in sound condition and one of the most efficient in the state for moving cases.

"We are ahead of everybody else, but there is always room for improvement," Lewis said.

As Division III judge, he started a community service management program that is paid for by people convicted of crimes, and despite a 40 percent increase in caseload, he reduced the overtime of office staff by 375 hours.

As a circuit judge, Lewis said he would continue to work to make the court more efficient by not putting up with nonsense in the courtroom and working hard.

"I have a reputation for not putting up with a lot of nonsense," Lewis said.

Grimm said he would continue to work with Judge Syler and other judges in the circuit to help ensure the efficiency continues.

He also supports the concept of developing a family court, possibly by designating a certain division of the court to hear such cases.

"I have supported the concept of a family court locally and we are looking at funding and options we have for getting such a court established here," Grimm said.

BIOGRAPHIES

John Grimm

Active in the Cape Girardeau Chamber of Commerce, serving as chairman of the leadership development committee; on board of the Community Counseling Center Foundation and Civic Center.

Lifelong member of St. Andrew Lutheran Church, where he has served on the board of directors.

Graduated from University of Missouri-Kansas City Law School.

Worked two years as law clerk for U.S. District Judge Stephen N. Limbaugh Sr.

Partner in Limbaugh, Russell, Payne and Howard law firm.

Ben Lewis

Native of Cape Girardeau.

Elder at First Presbyterian Church, trustee at Southeast Missouri Hospital, past Shawnee District chairman and scoutmaster for Boy Scouts, member of Lions Club.

Graduated from University of Missouri-Kansas City Law School.

Wife, the former Debra Scholl. They have a daughter, Hannah 7, and a son, Benjamin, 3.

CIRCUIT JUDGE

32nd District, Division II

Candidates: Republican Benjamin F. Lewis, 39, new serving as Division III associate circuit judge in Cape County. Democrat John W. Grimm, 32, now serving as circuit judge.

Duties: Hears civil cases of more than $25,000, presides over felony and misdemeanor trials and handles domestic relations cases.

District: 32nd District includes Cape Girardeau, Bollinger and Perry counties.

Term: Six years.

Salary: $80,000.