Mo. judge being considered for seat on federal appeals court

JEFFERSON CITY, Mo. -- Missouri Supreme Court Judge Duane Benton, formerly of Cape Girardeau, is being considered by President Bush for a seat on a federal appeals court, a Supreme Court spokeswoman said Thursday.

Benton, 53, declined comment, but court spokeswoman Beth Riggert confirmed that he is expected to be nominated for a spot on the St. Louis-based 8th U.S. Circuit Court of Appeals.

Benton, who was appointed to the state Supreme Court in 1991 by then-Gov. John Ashcroft, is the longest-serving current member of the state's highest court and is known as a lively questioner and quick thinker.

Federal officials recently have been interviewing various attorneys, judges and acquaintances of Benton's as part of the background and reference-checking process used for nominations.

Benton's family lived in Cape Girardeau from 1970 to 1988. Although he spent time away at school and serving in the military, he called the family house on Cape Rock Drive home during much of that period.

Cape Girardeau lawyer Diane Howard served with Benton in the Naval Reserve and remains a friend.

"It has to be said that Judge Benton is one of the smartest people, if not the smartest person, you'll ever meet," Howard said. "Everyone who knows him will say that."

In addition to having a brilliant legal mind, Benton is also blessed with common sense, Howard said.

"That is an excellent combination, especially for the appellate bench," Howard said.

'An outstanding judge'

State Supreme Court Judge Stephen N. Limbaugh Jr., who had also been rumored to be under consideration for the seat, said Benton is an excellent nominee whom the U.S. Senate should confirm will all dispatch.

"He is an outstanding judge and an outstanding person," Limbaugh said. "In fact, his credentials are such that he could eventually even gain a seat on the U.S. Supreme Court."

Missouri Senate President Pro Tem Peter Kinder, R-Cape Girardeau, said that if someday elevated to the federal high court, Benton would be reunited with an old friend -- Associate Justice Clarence Thomas.

"He bought a significant number of his law school textbooks from Clarence Thomas," Kinder said.

Kinder and Benton became friends while serving as congressional aides during the early 1980s. Kinder worked for U.S. Rep. Bill Emerson of Cape Girardeau while Benton worked for U.S. Rep. Wendell Bailey, who represented a neighboring district.

"Duane is quite a character and has a very high energy level," Kinder said. "He is a true blue southern Missourian who went on to great success."

The 8th Circuit hears cases from Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.

Benton likely would be nominated to replace Judge Theodore McMillian, who entered into a senior judge status last July.

Staff writer Marc Powers contributed to this report.

As of last month, there were 45 vacancies on federal appeals courts, with 38 nominees pending.

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Federal Courts: http://www.uscourts.gov

Missouri Courts: http://www.osca.state.mo.us