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David Munton, new circuit judge
While nearly all post-election coverage centers on the president-elect, local officials, such as Judge David Munton, will have a large impact on the lives of many in this area.
In a recent conversation in the associate courtroom in the Vernon County courthouse, the presiding judge-elect for the 28th Judicial Circuit shared some background and discussed his view of the law.
"Most people don't get their dream job but I am grateful and humbled by the confidence given me by the people of Vernon and the other three counties in the recent election, because being presiding circuit judge is my dream job," Munton said.
While the eldest of four children and born in the St. Louis suburb of Kirkwood, to Eldon and Zeldean Munton, the judge's father was, in the words of his oldest son, "a preacher and a boilermaker. Both need fire, skill and spirit and my father had plenty of each."
Eldon Munton had the rare distinction of being drafted into the U.S. military two times, first at the end of World War II and then Korea.
Said Munton, "We Baptists preach law and gospel and I entertained going into church work and did do an internship in leading choir and worship but God made it clear that instead of the gospel, the law was my true calling."
At the church Munton and his wife attend in Greenfield, he directs the choir and leads worship.
Munton spent his upbringing at several towns in Illinois, graduating from high school in the small, central Illinois town of Macon in 1976.
Higher education brought the young man back to Missouri where he graduated from Bolivar's Southwest Baptist University in 1979 and then from law school at the University of Missouri in 1982.
Following a brief stint with a legal practice in Springfield, Munton accepted a position with a law firm in Bolivar.
"While attending worship at a church located right across from SBU, I met this amazing woman named Jeanne and our first date was to an evangelism conference in October 1984," Munton said.
Following Jeanne's graduation in May 1985, the couple became engaged and in August of that year, they were wed.
Jeanne had majored in elementary education and taught two years at Weaubleau followed by a year in Bolivar before the couple began their own family.
The Munton's three sons and one daughter each married within the span of a single year. To date, they have one grandchild.
"And grandma does not spoil that child in the least," said Munton while laughing. "Not in the least."
In the later 1980s, Munton became a partner in his Bolivar law firm. So why did he seek the other side of the bar and a seat on the bench?
"All lawyers imagine themselves sitting where the judge is, it's only natural" began Munton. "Most prefer to remain attorneys but I wanted to be a judge for two reasons."
"First, it's one thing to seek justice on behalf of a client but I wanted to go one step further and actually provide justice to folks," he said. "And the other reason was more personal."
Munton found the schedule of a lawyer in private practice, who was also serving as attorney for the city of Bolivar, to be incompatible with a growing family. In 1994, Munton sought and won the position of associate circuit judge of Dade County.
Munton's predecessor, Judge Clinton K. Higgins Jr. was retiring, after having served from 1976 through 1994. Higgins was on the bench when Missouri went from magistrate courts to associate circuit courts.
"Under the old system, judges were largely restricted to the cases within their jurisdiction and so it was pretty hard to make ends meet. But under the present system, cases flow down to the associate level far quicker, the pay is better and the docket continues to grow," Munton said.
As he completes 22 years of service at the associate level, Munton reflected on circuit courts, crime and the multiplication of laws in this state.
"Missouri has a crime of interfering with fishing," said Munton. "Really? Folks don't know not to do that?"
Munton shook his head at what some call "Nanny State" laws, which police and courts have to enforce.
"Because some people don't learn right and wrong at home, we've gone from Ten Commandments to 10,000 but we're still not better people," said Munton. "At the risk of sounding like a preacher, it's been my experience that more laws do not produce more righteousness."
The conversation turned to treatment court.
"One of the biggest things we have to teach in treatment court is honesty," said Munton. "Lying to others is bad enough but many first have to learn to stop lying to themselves and believing their own lies."
Munton then addressed the criticism that treatment court is being soft on criminals who instead, should be locked up.
"Missouri's incarceration rate is eighth in the nation; this state is tough on crime," said Munton. "With some 32,000 prisoners, our state penitentiaries are at capacity."
This month's "Surgeon General's Report on Alcohol, Drugs, and Health," says the number of Americans with a substance abuse disorder is 1.5 times the number of people with cancer.
Said Munton, "Legalization doesn't change the fact that addicts are not good spouses, parents and they don't hold jobs or pay taxes."
In Munton's view, turning an addict from being what he termed "a tax eater" into a taxpayer was not being soft but a good use of tax dollars and a better use of people's lives.
"If we write people off, the amount it would cost to pay for the public defenders, courts as well as to build, staff and maintain the multiple jails we'd need would make taxpayers absolutely scream," said Munton."
"The reason treatment court works is because we incentivize compliance," said Munton. "Participants have to plead guilty before they enter our program which means if they don't comply, I sentence them."
The judge told of a participant who treated court as game. Munton asked, "Should I have you bring a toothbrush to your next hearing?"
"Why?" came the response.
"Because I'm not sure the sheriff provides one," said Munton to the defendant. "I can help you be successful or I can help you go to jail, the choice is yours."
Treatment and other specialty courts do not take violent offenders, Munton believes such offenders are best treated at an in-prison program.
Turning to how he runs court, Munton indicated he tries to be fair with everyone but does not tolerate people hiding things from him, whether supportive or detrimental to the case.
"Sometimes, a jury is swayed because one lawyer is clearly better," said Munton. "But one thing I work hard at is basing my decisions not on the quality of presentation but solely on the evidence."
Asked about mandatory minimum sentences, Munton said, "As a father, I was pretty strict about enforcing the rules but even I had times where an exception was best. I am frustrated with judges who act as the legislature because they're the ones who cause legislatures to impose mandatory minimums which ties the hands of all judges."
"My job is not to overturn statutes but follow the statutes, not to make law but apply the law to the people and circumstances before me," said Munton.
Munton plans to be in Cedar County on Mondays, Dade on Wednesdays, Barton on Thursdays and in Vernon County on Tuesdays and Fridays.
Overseeing treatment court in Barton County will be Judge James Nichols; in Dade County, Judge Munton; while in Cedar and Vernon counties it will be Senior Judge James Bickel. Judge Quitno will continue to oversee mental health court.
To make it easier for the juvenile officers, Judge Munton will handle all juvenile cases as well.
"In some jobs, you inherit a mess but I've had the privilege of working under and learning from two very good circuit justices, Judge Darnold and Judge Bickel," said Munton.
Next spring, Munton hopes to bring in Patricia Breckinridge, chief justice of the Missouri Supreme Court, to provide a half-day of court education to circuit judges, clerks of court and attorneys. He hopes to have the chief justice speak later that same day at a treatment court graduation.
Through his mother, Munton is a descendant of Captain Henry Weidner Jr., who was appointed to draft men for the Battle of Kings Mountain in the American Revolution. In 1804, the Captain, his wife, Catherine, and 11 children headed westward from a location along the border of North and South Carolina to what is now southwest Missouri.
"I have a deep love for this country and being a judge affords me the opportunity to punish criminals, set the innocent free, right wrongs and open a door for people, so they can begin a better chapter in their lives," Munton said.