Your Opinion: Don't politicize judge's ruling

Dear Editor:

This is with regard to the article in the Oct. 27 paper regarding a criminal case in Miller County over which Judge Joyce is presiding on assignment by the Missouri Supreme Court. All I know about the case is your article, a Facebook post by the prosecuting attorney of Miller County and a review of the public website, Missouri Case.net under the name State v. Aaron Fisher.

Judges (and prosecuting attorneys) are sworn to uphold the Missouri (and the United States) Constitution. The Constitution provides for a right to a "speedy public trial." All prosecuting attorneys should know that if there is an inordinate amount of delay from the time a person is charged and tried, they run the risk of violating the Missouri Constitution.

According to Case.net, prior to the ruling dismissing the case against the defendant, a lengthy motion was filed by his public defender and an argument occurred in a public courtroom in Miller County. The state, represented by an attorney from the prosecuting attorney's office, was there.

If not for the constitutional requirement of a speedy trial, a person could be detained indefinitely without a finding of guilt. We would also be unprotected from unreasonable searches and seizures which includes our guns. Our Constitution protects the innocent as well as the guilty. That is the price we pay for freedom.

Miller County state Rep. Rocky Miller feels obliged to comment upon the competency of Judge Joyce and is considering whether she should be "impeached." All this because she followed the Missouri Constitution, a document that Rep. Miller is also sworn to uphold. Perhaps he has not read it.

The last time a state representative tried to impeach a judge was about seven years ago by Rep. Lembke of St. Louis. If Rep. Miller is unfamiliar with Mr. Lembke's tenure in our state Legislature, he should Google it.

The attempted politicization of this criminal case is a good example of why a number of citizens in Cole County, from both political parties, believe that Cole County should adopt the Non-Partisan (Missouri) Plan to select our judges in the future.

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