Scott County judge leaving bench because of age rule

Associate Circuit Court Judge William H. Winchester sent a letter to Gov. Jay Nixon on Jan. 6, announcing his retirement effective Oct. 26.

Winchester said he feels he is fit to continue as the probate judge for the 33rd District, but it is a constitutionally mandated rule he must leave the bench when he reaches age 70.

“It’s a rule everybody knows. It’s in the Missouri Constitution,” Winchester said. “There’s good and bad with it. I don’t have a lot of complaints.”

Missouri’s system is vastly different from the federal system which allows judges to serve indefinitely.

Winchester has been a judge for 18 years, and he said a wealth of experience is important in understanding the truth of a case.

“You don’t always hear the truth,” Winchester said of court testimony.

Winchester said he plans to serve as a senior judge, which allows him to hear cases when another judge has a conflict. He also plans to travel.

“There’s some things I would like to do, but I’ve got cases set every day,” he said. “Now I’ll be able to take a month off and go to Florida.”

Nixon will appoint Winchester’s replacement Oct. 26, with Winchester’s term not set to expire until 2018.

Winchester had hoped there might be a special election to coincide with the presidential election in November.

“When this position would become vacant, the governor would have the responsibility to appoint a qualified person to the bench,” said Scott Holste, communications director for the governor’s office. “The governor’s office generally conducts interviews with final candidates before an appointment is made.”

bkleine@semissourian.com

(573) 388-3644

Pertinent address: 131 S. Winchester St., Benton, Mo.

Pertinent address: 131 S. Winchester St., Benton, Mo.