IN INTEREST OF JUSTICE, COURT IMPASSE MUST END

For several years now, the Cape Girardeau Municipal Court has found itself in a quandary in cases of judge disqualifications. The issue has elevated from a mere philosophical dispute to an actual stalemate between Cape Girardeau County Circuit Court judges and the city of Cape Girardeau. In the past, when the city municipal court judge was disqualified, an associate circuit court judge was appointed to hear the cases. Now, a legal rift has left these cases hanging in limbo.

A new state law, awaiting Gov. John Ashcroft's signature, could alleviate the entire situation. "Could" is the operative word. Depending on your legal interpretation, the new law may not make a bit of difference.

The easiest solution would be for the city of Cape Girardeau to just go ahead and resolve this mess. The city has two options: Hire a part-time judge to handle the disqualification cases, or allow appointment of another municipal court judge to hear the cases and provide compensation.

The impetus of the pending state law arose from a dispute in Kansas City. In Jackson County, the exact opposite situation existed. The presiding circuit court judge tried to assign associate circuit court judges to hear municipal cases, and the municipal court opposed it. Under the new statute, a presiding judge would only appoint another municipal judge to hear a case when the city with jurisdiction agrees to compensation. In other words, both options would cost the city of Cape Girardeau.

The intent of the law seems plain enough, but its impact is not so clear cut.

Cape Girardeau Municipal Court Judge Ed Calvin points out that Supreme Court rules takes precedence over state statutes. That's true, in some cases, said a spokesman for the Missouri Supreme Court. Which rules take precedence depend on the type of rule. Determining the matter would probably require the city to file a writ of mandamus, a lawsuit seeking the high court's opinion.

But all that would take time and money and the city could be no closer to the answer. The high court has no obligation to make a ruling.

It is the position of Calvin and the city that the high court allows circuit judges to handle these disqualification cases. Associate Circuit Court Judge Bill Hopkins has handled these cases in the past, and has indicated he has the time and willingness to continue performing these duties. The city does not have to pay an associate circuit judge to hear these cases.

Presiding Court Judge A.J. Seier feels the issue is a legal one. He contends state laws and the Missouri Supreme Court rules don't give him authority to appoint an associate circuit judge. He feels the legislature confirmed his position when it passed the new law.

Both sides have a legitimate point of view, but meanwhile justice in these cases has been lagging. It's time to end the dispute.

Municipal court is a healthy source of revenue for the city of Cape Girardeau. The court handles about 14,000 cases a year; about half of those are parking tickets. Last fiscal year, the court took in about $510,000 in fines and another $87,000 in court costs. It operated on a budget of $150,000. Most of that went to personnel costs for one municipal judge and four court employees.

Judge Calvin is disqualified in about 60 cases a year, and these cases need to be handled in a more timely matter. The backlog of cases brought the chief justice of the Supreme Court, Edward D. "Chip" Robertson, to Cape Girardeau on two recent occasions to hear these cases.

If the cases could be handled in a few days, payment of a special judge probably wouldn't require a large expense for the city of Cape Girardeau.

It's time for the city council to discuss the options, and make its feeling known. This dispute has been around for far too long. Let's not get bogged down in "who's right and who's wrong." Both sides have legitimate arguments.

Since the city benefits from all the income, it should just as well take care of the problems as well - and either hire a part-time judge or pay another municipal judge to handle these disqualifications. In the interest of true justice, it's time to move on.