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Judge Munton from the bench
After adjudicating 58 separate charges for 36 individuals in two hours and fifteen minutes, 28th Judicial Circuit Presiding Judge, David R. Munton leaned back in his chair and reflected on what can be called his judicial demeanor which had been on display that morning. The judge began by how he speaks to those who are not attorneys.
"Each profession has its own technical language and frankly, most non-lawyers do not speak legalese," said Munton. "I think the average person has more knowledge of medicine than the law."
The judge spoke of those who need their appendix removed.
"There are YouTube videos which show exactly how you can take out your own appendix but I think nearly everyone would prefer having an expert, meaning a surgeon actually do it," said Munton.
"The people who come before me have legal appendicitis; they need a doctor of law to help them," continued Munton.
The judge was referencing how, in many instances and especially in court, people need an attorney. He was also alluding to the proper name of a law degree, Juris Doctor.
Munton described civil cases in which a client came without an attorney and clearly was being overmatched. The individuals had a clear grasp of the facts but those were being clouded by court procedures, of which they knew nothing.
"As judge, I cannot be someone's surrogate attorney but it is my responsibility to make that need clear," said Munton.
In a criminal case, the judge tries very hard to get a defendant to have and utilize the services of an attorney.
He continued, "While I can lead them to water, I can't make them drink. So, if they don't want a lawyer, I have to let the proceedings go forward, though in such situations I bend over backwards to make sure things are clear."
Tuesday morning in court saw instances where the judge consolidated multiple charges for a defendant and dealt with them all at once and other times where he dealt with charges separately.
Remarked Munton, "If they [charges] are all of the same type and class, say misdemeanor drug charges, then its appropriate to take care of all of them at the same time. But if they are different charges or a mix of misdemeanors and felonies then it's best to separate and deal with them individually."
Asked why some cases were directed to the Alternate Docket, Munton explained what this broad category incorporates.
"At the risk of oversimplification, the Alternate Docket handles specialized cases and those which are more complex and will take a lot longer than a typical criminal case," said Munton.
Holding up the day's printed docket of cases, the judge pointed to the third line of each filed charge. Below the name of the defendant or civil litigants comes the reason for the appearance -- arraignment, hearing on a motion, probation violation -- and then comes a line, which records the age of the case.
As a way to encourage timely disposition of cases, the state judiciary monitors the average time for each judge. While a good amount of latitude is given -- no two cases are alike -- judges are reminded by this notation on the docket of the dictum attributed to British Prime Minister William E. Gladstone, "Justice delayed is justice denied."
"While we don't usually have patent or product liability cases, we do have cases between businesses," said Munton. "So cases being handled in treatment or mental health court and those requiring expert testimony or many depositions are set aside to the Alternate Docket and get the time and attention they require."
In his role as presiding judge for the 28th Circuit, Munton commented on the new rules, which are being promulgated for the municipal courts.
"New guidelines were issued by the state's highest court last fall and we are now starting a series of meetings in which we will learn how to put them into effect," said Munton. "But one thing is clear, presiding judges are to do just that, preside over, meaning supervise the overall conduct and work of the municipal judges and courts within the circuit."
Munton has arranged for the Chief Justice of the Missouri Supreme Court -- Patricia Breckenridge -- who is from Nevada, to address the next graduation of Vernon County's Adult Recovery Court, which will likely take place in March.
The circuit judge hopes to have her back for a continuing education day for all lawyers in the circuit. He seeks to do this before the end of June when she completes her term as chief justice.
Asked to name other court matters, Munton cited three.
"Do you know which state pays its employees in the circuit clerk's office the least?" asked the judge.
Asked that way, the answer seemed obvious. Munton confirmed it is Missouri.
"Our circuit has some top notch employees but over my years in it, I've seen some very talented people go elsewhere because of the pay and the Missouri General Assembly needs to address that," said Munton.
The next item could be called, "the view from the bench."
"Folks don't enjoy what they are made to do instead of what they want to do," said Munton. "As a judge, I try to remind myself that few people want to stand before me. And so it is incumbent on me to be as respectful as I can and make sure people understand what is going on and why."
And the final item?
"In four different counties I can walk into a room and there's a person who says, 'All rise,' and they do," said Munton. "But when I go home, I'm told to get up and take out the trash. My wife does a wonderful job of keeping me grounded and I thank God for her."