Rance Burger

RBURGER@NEWS-LEADER.COM

OZARK It appears State Rep. Kevin Elmer will not get on the ballot for any Christian County judgeship.

Interim Circuit Judge John S. Waters used an analogy from golf today when delivering his ruling on Elmer's request to get his name back on ballot in the August primary for associate circuit judge.

Elmer, R-Nixa, withdrew June 10 from a five-way associate circuit judge primary to seek his party's nomination for a special circuit judge election in November, which comes about because of the June 1 death of Judge Mark Orr. Elmer didn't get the nomination, and on June 18 filed a motion for Waters to set aside a previous court order allowing Elmer's withdrawal from the associate circuit judge race.

At a hearing in Ozark, Waters likened the move to that of a golfer who hits his ball into a water hazard and then attempts the same shot againwithout assessing himself a penalty.

"Actions have consequence. Mr. Elmer took what action he thought was in his best interest," Waters said.

Elmer's attorney Kent Hyde presented Waters with case law to cite other instances in which courts set aside previous orders, but Waters noted that those cases dealt with mistakes, fraud, neglect or some irregularity in court proceedings.

"This was a case of a petitioner getting what he wanted, it was what he asked for," Waters said, "and then his plans went awry."

The result of the hearing leaves Elmer left with 12 years of eligibility to serve as a state lawmaker, but out of any 2014 races. He says he is undecided on his political future.

"This (hearing) involved two separate options in life and I've got a thousand options in front of me," Elmer told the News-Leader.

Waters, placed in the interesting position of hearing a case that would impact who would succeed him when he retires at the end of 2014, ruled that he doesn't hold the statutory authority to place a candidate back on a ballot once a court has ordered that the candidate be removed.

"I find it interesting that the legislature in its wisdom has provided a method to get out of a race, but not a method to get back in a race," Waters said.

In January, Elmer announced he would not seek reelection to the Missouri House of Representatives. Instead, he declared plans to run for associate circuit judge to replace Waters, who will retire at the end of 2014. Waters' pending retirement initially sparked the five-way race in the August Republican primary that included Elmer.

Orr's death prompted Elmer to reconsider his plan. He filed June 10 to withdraw from the race in order to seek his party's nomination for circuit judge in the special election to replace Orr. He said he has more experience working as a courtroom attorney in circuit court, which inspired him to seek the higher circuit judge position, but he didn't get the nomination.

The circuit judge post — the lead judge's position in Missouri's 38th Judicial Circuit of Christian and Taney counties — pays more, $127,000 per year. The associate position pays $116,858.

A nominating committee of 13 members met in Forsyth June 17 to select a Republican nominee for a special election Nov. 4.

The committee chose Laura Johnson to run for the circuit judge spot.

"I'm very excited about having the opportunity to run for circuit judge as the only Republican candidate on the ballot for November," Johnson said.

On Wednesday, Elmer filed a motion in circuit court to set aside Waters' previous court order issued June 10, in which Waters ruled that Elmer would be allowed to withdraw his candidacy and that Christian County Clerk Kay Brown would be allowed to remove his name from ballots before they were printed.

"If I understand correctly, (Elmer's withdrawal) was based on, for lack of a better term, political strategy—thinking he had a better opportunity," Waters said.

In choosing Johnson for the other judge post, the Republican committee chose between nominees Johnson, Elmer and Rodney Daniels. A similar committee from the Democratic Party plans to meet June 25 to select its nominee for circuit judge.

Court records show that Johnson filed a motion in circuit court Wednesday to have her name removed from the August primary ballot.

Christian County Clerk Kay Brown testified she was holding up her ballot printer as she awaited the outcome of Elmer's court hearing.

"Ballots are ready to be printed right now, I mean right now," Brown said.

Had Brown had the ballots printed and a judge ordered a change because of Elmer's candidacy status, Elmer would have borne the cost of having ballots reprinted — an estimated $40,000.

Patty Shilling, Ron Cleek and Doug Bacon are now in the race to replace Waters as associate circuit judge.

Johnson says she didn't initially plan to run for Orr's office after learning of his death.

"I had decided early on in the process that I would continue to run for associate circuit judge, but I continued to receive expressions of support from the community encouraging me to put my hat in that in ring for circuit judge," Johnson said.

Missouri Supreme Court Chief Justice Mary R. Russell issued an order June 2 transferring all powers of circuit Waters until a presiding judge is appointed or elected. Waters has been an associate circuit judge in Christian County since 1999.

Orr was elected as an associate circuit judge for Christian County in 2002. In 2006, he became circuit judge for Missouri's 38th Judicial Circuit, and he split time presiding over cases in Taney and Christian counties. He was re-elected in 2012 and served until his death.

Johnson is a past member of the Ozark Board of Education. She practices law with Ellis, Ellis, Hammons and Johnson, P.C. She has been an attorney for the past 22 years.