Polite politics, not just policy

A political race that could be the closest area contest this fall could also be the most polite.

The rules of engagement Ben Lewis and John Heisserer must follow in their rematch for Division II judge in the 32nd Circuit are far stricter than for any other office. Under the state Code of Judicial Conduct, they must "maintain the dignity appropriate to judicial office." And they can't comment on legal disputes or promise anything other than "the faithful and impartial performance of the duties of office."

Failure to follow the rules opens judicial candidates to sanctions by the Missouri Supreme Court.

That means no negative ads and no speeches about controversial legal issues such as gun rights or abortion.

"We need people to have respect for the courts," Lewis said.

So the campaign, both candidates said, will be about meeting voters, explaining their background and becoming better known.

"What you do is you talk," Heisserer said. "I'll talk about the record I had as a judge."

The contest pits Lewis, a Republican incumbent seeking a full six year term in the job, against Heisserer, who held the seat for 22 months from 2003 to 2004. Heisserer lost the election by 272 votes, but was the only Democrat on the ticket to win in Cape Girardeau and Perry counties.

Most other Democratic candidates on the ballot in Cape Girardeau County lost by 8,000 to 12,000 votes.

Only a landslide victory in Bollinger County, the smallest of the three included in the 32nd Circuit, gave Lewis the election.

Heisserer raised $80,000 for his effort, against about $21,000 for Lewis. Heisserer has jumped ahead with fundraising again, with $7,000 in the bank for the campaign while Lewis has yet to organize a campaign committee.

The victory, Lewis said, gives him confidence that he doesn't need to match Heisserer's fund-raising to win.

"Once a circuit judge is elected, it is unusual to see one voted out of office," Lewis said. "We ran a low-budget, grass roots campaign, and I thought I could win that way."

And Heisserer said the outcome shows that a little extra effort will mean the difference in the election.

"I was fortunate to have wide, bipartisan support," he said. "I worked very hard to get out and meet as many voters as possible so they knew who I was."

The issues in the election, subdued as they are likely to be, could cause some interesting exchanges. During an interview, Lewis said he would emphasize his "conservative values" and his decision to decline contributions from practicing attorneys.

"I'm a conservative and have got the conservative credentials to prove it, and I am going to apply common sense," he said. "When was the last time you heard anyone complain that someone is too conservative?"

Lewis carried the comparison a step further, noting that he worked with Heisserer in the 1980s at the law firm Heisserer now leads. "When we worked together, I knew he wasn't involved in any of the conservative causes like I was," Lewis said. "And I didn't participate in any liberal causes. He's the one who went to see Jimmy Carter be inaugurated, not me."

The last point amused Heisserer, who said he doubted anyone cared "that in high school I attended a presidential inauguration, regardless of who the president was."

And the law is neither liberal nor conservative, Heisserer said. "He may choose to label himself a conservative, but I prefer to say I enter the courtroom without any preconceived notions and listen to both sides."

On the issue of who donates to campaigns, the judicial code specifically allows judicial candidates to accept donations from attorneys if they wish. Heisserer raises much of his campaign treasury from attorneys and said it is a mark of respect from the legal commuinity.

"I am very proud of the fact that I have the support of my colleagues in the bar, both Republican and Democrat, prosecutors and defense lawyers, people representing claimaints and people representing insurance companies," Heisserer said.

In a close race, the number of people enlisted to help a campaign may be crucial. Heisserer said he has a core of a couple of dozen people ready to help. Probably his highest profile supporter is Albert Spradling III, who serves as Heisserer's campaign treasurer.

Spradling said he has known Heisserer at least since he opened his law practice. "I think he commands the respect of a lot of people," Spradling said. "He has a wide variety of experience, a strong background in the law."

Immediately after the 2004 defeat, Spradling said he told Heisserer "if he was interested in running again, I would jump on the bandwagon one more time."

Lewis, meanwhile, said he is relying on a much smaller group -- basically his family and a few friends -- to propel his effort. Lewis said he enjoys campaigning, but that "it can be a little intimidating at first."

The most important message during a campaign, he said, is that he will be fair. "I will never give anyone a reason to believe they won't get a fair shake in my court," he said.