Two Republicans are seeking to fill the position of Cole County Circuit Judge, Division 3, in the Aug. 4 primary election.
Mark Richardson and Cotton Walker are running for the seat held by Presiding Judge Pat Joyce, who is retiring at the end of December.
No Democratic candidates filed to run for the position, so the winner of the Republican primary will be unopposed in the Nov. 3 general election.
Richardson served three terms as Cole County prosecutor from 2007-18 until losing a re-election bid in 2018. He also served four terms as Jefferson City municipal judge from 1999-2007.
Richardson began his law career at the Missouri Attorney General's Office in 1984 then served as an assistant prosecutor in the Cole County prosecutor's office from 1985-92. He was a private practice attorney through 2006.
Walker currently serves as Cole County associate circuit judge, a position he was elected to in November 2018. His term as associate circuit judge continues through 2022.
Walker has practiced law since 1991 and served more than 24 years as a municipal judge in the Mid-Missouri area, including four terms as Jefferson City's municipal judge.
At the associate circuit level, Walker presides over daily civil and criminal dockets as well as working with Cole County's treatment courts.
Richardson said the big issue for judges is to operate their courts in such a way that "it reflects the values of our citizens."
"One thing I see in some courts is a lack of taking into account the interest of law enforcement and the public in preventing dangerous offenders to be out on bail, in some case granting releases on own recognizance (ROR) bonds," Richardson said.
An ROR bond means a defendant need not post any form of cash bail but must promise to appear at all future court proceedings.
"We've seen many times where these persons then commit more serious crimes while out on bond," Richardson said.
Another matter Richardson said needs to be addressed is lengthy delays in civil and criminal cases.
"Delays are unfair to the citizens of the county," he said. "For years, we've had more cases coming into court and less money to add judges. Now we have a new associate circuit judge coming in January, and it's time to get our dockets in order and move cases along."
The Missouri Legislature approved Cole County's request to add a second associate circuit judge position in 2018. That position was removed in 2003, when the third circuit judge's job was added. The position will be elected in November, and that judge will begin serving a four-year term in January.
Walker said the biggest issue judges are dealing with while dealing with the COVID-19 pandemic is balancing priority given to give non-criminal cases.
"We don't want all civil justice to stand still," Walker said. "We are trying to accommodate by using technology to allow us to do video hearings, to schedule in-person hearings as soon as is possible and in a timely manner. As for criminal cases, we never stopped dealing with those. We did continue a lot of those cases, other than those where the person was already in custody."
Walker said he has always been mindful of the time standards set by the Missouri Supreme Court for criminal and civil cases to get through the court system.
"When we started continuing cases, I continued them out just a few weeks at a time so that we could get to the cases that needed to be heard," he said. "We want to make sure the criminal defendants' constitutional rights are protected, but also that the cases brought forth by the prosecutors don't get stale."
Alternative courts
The use of alternative courts has increased in recent years in Cole County. There are four such courts in the county: Adult Drug Court, DWI Court, Veterans Court and Co-Occurring Treatment Court.
Richardson said he believes there is room for young offenders and non-violent offenders to participate in these courts.
"However, there is always a group that must be incarcerated to protect the public and be held accountable for their actions," Richardson said. "Over the last half-dozen years, I've been frustrated seeing dangerous criminals getting little or no jail time even though they have been convicted of previous felony violations. In weighing a judgment, a judge must take into account several factors, such as whether or not a person failed to show up for court. They have to be held accountable for what they've done to the public and to the victim."
Walker said he believes alternative courts are an effective tool to deter crime.
Walker started the county's fourth and newest alternative court last August, and he is set to take over the alternative courts after Joyce retires. Known as the Co-Occurring Treatment Court, Walker said this is for people who have substance abuse disorder diagnoses and mental health disorder diagnosis.
Other services that are part of the alternative court programs also had to pause because of the pandemic.
"We weren't using alternative sentencing quite as much earlier this year because our treatment providers weren't seeing their clients in person for a long time, but as we get back into a more normal flow, using technology to help communication, we are working to get people back into those systems," Walker said. "Statistically, treatment courts are the most reliable way to reduce recidivism."
Civil cases
Only Kansas City and St. Louis circuit courts deal with more civil cases than Cole County. Many times in Cole County they involve state government matters.
"I don't see those types of cases decreasing in the future," Richardson said. "Just like with criminal cases, I strongly believe civil cases need to be tried in a timely manner. The judge has to make those cases come to conclusion for the benefit of all sides. I've got 34 years of experience dealing with civil and criminal matters, tried over 100 jury trials, and I would say my qualifications would be unmatched for the job of judge."
Walker also sees his years as a civil lawyer as giving him the experience needed to deal with complex civil cases.
"I did that for 28 years, and most of that was in Central Missouri where I represented state agencies," Walker said. "Since I became associate circuit judge, I have talked to Judge (Dan) Green, Judge (Jon) Beetem and Judge (Pat) Joyce about matters that they have heard to get their perspective on what the judge needs to look for in those issues. I know a lot of the attorneys and many times the heads of the departments, and I believe that they all trust that I'll treat their case in a fair way."
Citizens' concerns
As he's talked with residents, Richardson said, "the main concern expressed to me is the number of people, that citizens have noticed, that have a pending criminal case and are still out on bond. Judges can stop that from happening. I also think crimes against law enforcement officers haven't been given the priority that they should be. If we can't protect the law officers, how can they protect us as citizens?"
Walker said many of his conversations with residents have dealt with gun violence.
"While I respect Second Amendment rights, if there is a credible allegation of a weapon being discharged or brandished in the commission of a felony, then those people stay in jail," Walker said. "They get their due process in this division."