Gardner, Thomsen to take on new opportunities following service on 32nd Judicial Circuit

Two local judges have been tapped for roles at the state and federal levels.

Michael Gardner, a circuit judge on the 32nd Judicial Circuit of Cape Girardeau, Perry and Bollinger counties, was appointed by Gov. Mike Parson to the Missouri Court of Appeals, Eastern District. He was elected in 2014 following the retirement of Judge William Syler.

Gardner is the first individual south of Jefferson County to serve on the Court of Appeals since Stanley Grimm, who retired in 1998. Gardner said the judge he will replace on the court, Lawrence E. Mooney, was Grimm’s successor.

John Grimm, son to Stanley Grimm and a local attorney himself, told the Southeast Missourian diversity of all types is important on the Court of Appeals, which includes geographic diversity.

“The practice of law is different in the cities than it is in the rural areas,” Grimm said. “And the way attorneys handle things is different in Hannibal and Cape Girardeau and Perryville compared to the way they do things in St. Louis and St. Louis County.”

He said the appellate court can be a lonely place because judges do not deal with the public and mainly spend time reading briefs. Studiousness is important, Grimm said.

Gardner said he decided while in law school he would commit his career to public service as a judge.

“It’s been a great honor to serve as a circuit judge for the last five years, but I think the best contribution I can make to public service would be as an appellate judge,” he said. “I enjoy legal research and writing and feel that I can use my abilities in that area to make a real contribution at the Eastern District. I also think it’s important we have judges from all different parts of the state, certainly on the appellate courts.”

Gardner, who is set to be sworn in March 11, said most oral arguments will be heard in St. Louis. Court is held twice a year in Cape Girardeau, with additional cases heard in Hannibal, among other locations.

Scott Thomsen, an associate judge in Bollinger County for the 32nd Judicial Circuit, was recently selected as a federal immigration judge in New York City. His last day with the circuit court is March 14.

“I had applied for the position and there were some positions available at the time in various parts of the country,” he told Banner Press editor Mary Layton. “When I was informed that I would likely get an appointment, I thought it would be somewhere here in the Midwest. I was sort of surprised when I got the appointment to the New York City Immigration Court.”

Thomsen was first elected to the court in 1994, following a stint in the Jackson public defender’s office.

The six-member 32nd Judicial Circuit Court will be down two members for some period of time. Presiding circuit Judge Ben Lewis told the Southeast Missourian on Friday senior judges Gary Kamp and William Syler will assist with cases while the court is down a third of its judges. Kamp and Syler both served on the court until their respective retirements.

Lewis cautioned that individuals will need to be patient while the court is short staffed.

Gov. Parson will have the opportunity to appoint replacements to complete the terms of Gardner and Thomsen. But the timing is unclear, particularly for Gardner’s seat since he was up for reelection this year. In this case, it’s likely the governor will wait until the primary is resolved — be it after the August election or earlier if only one candidate files. As of Friday, associate circuit Judge Scott Lipke was the only candidate to file for the position.

Meanwhile, Thomsen was not up for reelection until 2022.

Lewis said Gardner is bright, hard working and has “a lot of common sense.” He added he is happy to see the governor appoint someone to the Court of Appeals who has been a trial judge in outstate Missouri.

“He’s (Gardner) young, and he’ll have a lot of years he’ll be able to serve in that position. So I think it’s a great deal for the court,” Lewis said.

Lewis called Thomsen a friend and “good, solid person.”

“He’s done everything that you can do in that position out there in Bollinger County, and he’s done a great job,” he said.

The 32nd Circuit Court consists of two circuit judges (Lewis and Gardner) and four associate circuit judges: Lipke and Frank Miller in Cape Girardeau County; Thomsen in Bollinger County; and Craig Brewer in Perry County.

Congratulations to Gardner and Thomsen on these new roles. It’s important to have judges at all levels of the judiciary with good legal minds and a heart for public service. Gardner and Thomsen have met both of those qualifications. We wish them well.