The Cape Girardeau City Council has taken steps to alleviate a problem. The city has moved toward hiring a second municipal court judge. It's a pragmatic approach to the matter.
Council and city officials have been frank: It's not their preferred course of action. They would rather a circuit court judge who has handled disqualification cases in the past continue to do so. That would be the most cost-effec~tive avenue for the city.
But the city has adopted a practical attitude, which in the long run should serve the citizens of Cape Girardeau. The matter is mired in a legal dispute. Presiding Circuit Court Judge A.J. Seier doesn't feel he has the legal authority to appoint a circuit judge to hear disqualification cases. Unless the city wants to take its case to a higher court which could prove to be a lengthy proposition these disqualification cases could wait and wait.
Cape Girardeau's current municipal court judge Edward Calvin has suggested the hiring of a second judge is not the solution. He pointed out the Missouri Supreme Court has shown a willingness to appoint judges to hear Cape Girardeau's conflict cases. But the city shouldn't depend on this.
It is true that Missouri Chief Justice Edward "Chip" Robertson came to Cape Girardeau to hear a backload of disqualification cases. Realistically, that's not going to happen very often. Already, more than 20 disqualification cases have occurred since Justice Robertson's visit earlier this summer.
A second judge should bring swifter justice in these disqualification cases. Council members have discussed the possibility that this second judge hold court once or twice a month. As a part-time position, the cost to taxpayers shouldn't be that high. Since the municipal court operates at a profit, the new judge's salary could be earmarked from those proceeds.
Since each side in municipal court case defense and prosecution can disqualify a judge, Calvin pointed out this second judge could also be disqualified. But most people agree that these cases would be rare. The city's plan to hire a second municipal court judge would take care of the majority of cases.
It's time to move beyond a war of words. This second municipal court judge is the most reasonable approach to solving the problem without further legal entanglements. In proposing a second judge, the city council is moving in a proper direction.
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