Race for associate circuit judge focuses on trial, court experience

The Cape Girardeau County Division 3 associate circuit judge race pits assistant prosecutor Frank Miller against Cape Girardeau lawyer Brandon Cooper in a contest that has focused on trial experience.

Miller has talked of the trials he has handled as a prosecutor while Cooper has argued legal experience involves more than trials.

The winner of the Aug. 7, Republican primary battle is assured of winning the November election as he will be unopposed to replace retiring Judge Gary Kamp for the nearly $138,000 position.

Miller, who has worked for the Cape Girardeau County prosecutor�s office since 2011, said he has been a �fierce advocate for justice�

He said he has prosecuted defendants in 29 jury trials and 75 bench trials, and handled more than 200 preliminary hearings and more than 100 other hearings.

Brandon Cooper

�I have prosecuted everything from speeding tickets to violent felony offenses, including homicides,� Miller said in an email to the Southeast Missourian. �I have developed a reputation as an aggressive and fair prosecutor.�

Trial experience is vital for the position of associate circuit judge, he said, adding criminal cases account for 90 percent of the Division 3 caseload.

Miller, who previously worked as a legislative counsel for then-U.S. Rep. Jo Ann Emerson, said he is the �best candidate� for judge. �I am someone Cape Girardeau County can trust to make fair and equitable decisions,� he added.

But Cooper, who has practiced law in Missouri since October 2012 and previously served as a licensed legal intern in law school in Oklahoma, said most cases don�t go to trial.

�My opponent will make a big deal out of the number of cases that he has tried and make that the primary reason that he should be elected, even though trials occur in less than 10 percent of cases,� Cooper said in an email to the Southeast Missourian.

Cooper said only seven jury trials have been held in Division 3 court since 2011. Many Division 3 cases, he said, are �not even allowed to be tried by a jury.�

He said �a good defense attorney should not attempt to take every case to trial and that is how I have modeled my practice.�

He added, �Although I have the skill required to take a case to trial, this is rarely a necessary route to disposition of a case.�

A partner in the Moss & Cooper Law Firm, he said he has the experience in criminal law that would be �in the best interest of the Cape County courts.�

The Division 3 judge handles not only criminal cases, but also domestic-relations cases and appeals in small-claims and Cape Girardeau and Jackson municipal court cases, he said.

Cooper said he is �the only candidate� who has experience with all of these various cases. He said he has the �personality and temperament� to serve as judge.

But Miller said as a prosecutor, �my sole motivation is justice. I�m not a hired gun working to advance my client�s interests, but to make the community a better place to live, work and raise a family.�

Miller said he has a reputation as being �a man of my word.� Law enforcement and other attorneys trust him, he said, adding he is �the candidate with the most integrity.�

Cooper, for his part, said a judge �must be a leader that understands the needs of the community he serves. He must be able to untangle twisted webs told by each side, find the truth and apply the law. Judges cannot make their own rules; they must apply the law as it�s written.�

He said he has the traits needed to be the Division 3 judge.

mbliss@semissourian.com

(573) 388-3641