LOCAL ATTORNEY PRAISES JUDGESHIP APPOINTMENT

To the Editor:

I was interested in an interview on KFVS television Tuesday evening concerning the appointment of John Grimm to the Circuit Judgeship. In particular, I was disappointed to hear Ben Lewis contend that he, Lewis, was not appointed because of "politics".

Was it politics when Republican Governor Ashcroft appointed Republican Bill Syler to the Circuit Judgeship last year instead of appointing Republican Ben Lewis when both of them sought the appointment? Or politics that two other Democrats who sought the present appointment did not get it? Perhaps both Governors, at the time of the two appointments, noted that Ben Lewis already has a position as a Cape County Associate Judge. Or perhaps both Governors decided the issue on the merits of the various applicants.

Mike Richey is a well qualified Democrat who also sought this appointment. He was also interviewed by KFVS. He very graciously and very correctly noted that John Grimm has had trial experience on both the criminal and civil sides of the justice system and has a broad base of experience. No one else interviewed for the story seemed to see the bugaboo of "politics".

In fact, judgeships have traditionally been and should always be seen as largely non-partisan. I think I am fairly well known to be a partisan Democrat. I found nothing incongruous in my strong support of Stephen Limbaugh as Circuit Judge and as a justice of the Missouri Supreme Court. He was, and is, best qualified for the positions. Even though he was in his middle thirties upon appointment to the Circuit bench. And a Republican. Most Governors, most lawyers and most citizens believe judges should be as little encumbered by politics as possible. Just so, we should be prepared to support a good judge even if our general politics do not match his or hers.

It should be noted that the position of Circuit Judge is the primary trial judge in Missouri. Above the Circuit level are the Appellate Judges. They hear appeals but do not hear cases in trial. The Associate Circuit Judges have many duties but do not, typically, hear many jury trials. The Circuit Judges are the trial judges. John Grimm, to be blunt, had the most trial experience of any of the applicants.

In fact, John Grimm is very well qualified to be Circuit Judge. He was a law clerk for the Honorable Stephen N. Limbaugh, Sr. who sits on the federal trial bench. In that position the law clerk sees, hears, and helps the trial judge handle dozens of jury trials. He then entered a general litigation practice with the Limbaugh firm here in Cape. He has tried both civil and criminal trials. I have tried cases both against him as my opponent, and with him as cocounsel. Because my practice has always been limited to trial work

I will claim the right to say whether a lawyer knows what he is doing in the courtroom. John Grimm does.

He is not as old as some of the other applicants. He is a year younger than Missouri Supreme Court Justice Robertson was when Governor Ashcroft appointed him to the Supreme Court. He is the same age as a judge appointed to the U.S. Court of Appeals in Texas by President Reagan. Presidents and Governors tend to look at experience and ability when they make judicial appointments. Frankly, so does the public at election time. By these criteria the appointment of John Grimm to the trial bench is a good one. It ill-behooves any of us to pretend otherwise.

John L. Cook

Cape Girardeau