Local judge a candidate for Missouri Supreme Court

Judge David Dolan’s judicial philosophy is simpler than living-Constitution, originalist or textualist ideas.

His mantra is, “Do what’s right.”

“The judge’s job is always to be fair,” Dolan said. “I’ve always said that judges make good decisions when judges have good information.”

Dolan, a 33rd Circuit judge in Scott and Mississippi counties, is one of 31 applicants for the Missouri Supreme Court vacancy.

He will interview for the position Feb. 28 or March 1 in Jefferson City in front of a commission, which will be open to the public.

The Missouri Supreme Court has a vacancy because Judge Richard Teitelman died Nov. 29 at age 69.

The commission will narrow the list of applicants to three finalists from a list that includes 11 other trial judges.

Dolan was a finalist in 2012 for appellate judge in the Southern District of Missouri.

“It’s always an honor,” Dolan said of state Supreme Court candidacy. “I hope it goes well.”

Dolan has been elected four times as a circuit court judge for the 33rd District and previously served as an associate judge and prosecuting attorney in Scott County.

Dolan said he plans to be strictly objective if he were appointed to the Supreme Court and would rule on cases based on information available and the substance of the law.

“I can’t give you an opinion before I hear the facts of your case,” Dolan said. “You don’t take politics into the courtroom.”

Cape Girardeau-based Patrick Davis has been a defense lawyer many times in Dolan’s courtroom. Even when the ruling went against Davis’ favor, he said the language was well thought-out and supported by the law.

Davis agreed Dolan is not political.

“I’ve known him for 30-plus years, and I don’t know which party he is,” Davis said.

Davis and Scott County Prosecuting Attorney Paul Boyd described Dolan’s courtroom demeanor as respectful and patient.

“He’s got a big heart for victims and understanding defendants,” Boyd said. “His atmosphere is not a ‘hang-him-high’ atmosphere. ... The bottom line is that he always has an even playing field for both sides.”

Boyd said on serious cases, he could rely on Dolan to maintain a professional courtroom.

“He was a trial attorney, and he knows what (it) is to be in the pit,” Boyd said.

Dolan did not say he had a style, but said there were factors he considered when making his rulings: public safety and victim’s rights.

“You have to value public safety,” Dolan said.

The Missouri Supreme Court announced in December it will hear the actual innocence case against David Lee Robinson, 48, of Sikeston. Robinson was convicted of first-degree murder in 2001, but another man confessed to the murder and both primary witnesses against Robinson have recanted. Robinson is serving a life sentence in Jefferson City Correctional Center.

Dolan ruled on Robinson’s post-conviction proceeding in 2005. In that proceeding, the court had access to Romanze Mosby’s recorded confession to shooting Sheila Box and the under-oath recantation of Jason Richison.

“This court concludes that movant has failed to plead sufficient facts warranting relief to establish that his convictions or sentences imposed violates the Constitution or laws of this state or of the United States or that movant received ineffective assistance of counsel,” Dolan wrote in the conclusion of Findings of Fact and Conclusions of law.

Dolan said he likely would recuse himself if Robinson’s case were heard on the Missouri Supreme Court.

Dolan grew up in Memphis, Tennessee, and he met his wife, Julie, when they were in school together at Memphis State University. They moved to Julie’s hometown of Sikeston and have been married since 1980.

bkleine@semissourian.com

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