HOWELL COUNTY NEWS EVENT

WEDNESDAY, JULY 22

 

Amanda Mendez: Hello. We're going to get started in just a few minutes, so if you'd find your seats, please. Thank you all so much for being here. My name is Amanda Mendez. I'm the publisher and owner of Howell County News. We're hosting this event tonight in collaboration with our media partners here in Howell County, so a big thank you to the West Plains Daily Quill and Ozark Radio News for being here this evening. So, tonight is a voter education event. It's um it is a candidate panel event, so we are going to have three rounds of speakers as you can see from your programs. Your first round of speakers is a moderated panel of sitting Howell County officeholders, and they are going to be giving you a local perspective on the proposed Constitutional amendments that will be on your ballot on August 4th.

 

Following that, we will have two debates. The first will be a debate between two of the candidates for District 154 House of Representatives. We have both challengers here tonight: Republican Travis Smith and Democrat JoJo Stewart. Our incumbent did decline to be here. Our capstone event of the night, after a short intermission, will be a debate among your four candidates for Howell County Associate Circuit Judge. You should have seen, when you walked in, our lovely assistants handing out question postcards for the question-submitting process. We cannot accept questions for the judge candidates this evening. The ethical rules prohibit them from commenting on anything that might come before them on the bench. All of the questions that we have for the judges have been very carefully vetted by a committee of community journalists and submitted in advance. Tonight, if you do have a question for our state representative candidates, we are going to be collecting those throughout the first panel discussion. The way you will do that is to write down your question on a card. Those submitted questions are going to be screened, and then we will have the question askers read the questions themselves. You will be passed the mic in accordance with the subject matter, because that is how we are doing that debate: separated by subject. One other little piece of housekeeping is that we have prepared an exit poll with just five questions: the four constitutional amendments that are going to be on your August 4 ballot and the question of your associate judges. We are going to post those results on our website, so we would love it if you would participate. There is a newspaper-covered box on your way out for submitting those exit polls. Of course, just like a real ballot, they are anonymous. We are waiting for our final panelist to arrive. He should be here shortly, but we are going to keep going. Tony, if you would, all please rise for the national anthem.

 

[ 00:21:11,126 ]Please remain standing for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. With that, I am going to invite Howell County Assessor Daniel Franks to offer the invocation. Please be seated.

 

Daniel Franks Let us bow our heads as we go to the Lord in prayer. Evening, Lord. Thank you for a glorious day on the face of this earth, and thank you for this country that we live in. Thank you for the 250 years and for all those who gave everything they could to make this nation what it is. Father, we come to you tonight looking for information and hoping to hear words that will inspire us and help us make a decision. Father, we ask that you bless all those here and bless them through the rest of the year. Father, watch over all those as we go home. These things we ask in Jesus’ name. Amen.

HOWELL COUNTY OFFICEHOLDERS ON PROPOSED AMENDMENTS

 

 

AMANDA MENDEZ Thank you, Daniel. If our Howell County officeholders would ascend to the stage, please. Welcome, everyone. Thank you for being here. Starting with Sheriff Roberts, if we could go down the line and introduce ourselves briefly, then we will get into our discussion of Amendment 1.

 

Sheriff Matt Roberts.

 

Howell County Assessor Daniel Franks.

 

Presiding Commissioner Ralph Riggs.

 

Howell County Collector Janet Crow.

 

MENDEZ Thank you so much. I am just going to read the text of Amendment 1 so everyone has a frame of reference, and then we will get into our discussion. Shall Missouri continue for ten years the one-tenth of one percent sales and use tax that is used for soil and water conservation and for state parks and historic sites, and resubmit this tax to the voters for approval in ten years? Mr. Franks, I think you wanted to start.

 

DANIEL FRANKS A lot of people probably do not realize what that tax means to this county. In the 2026 fiscal year, which just ended the first of this month, that put over a million dollars in matching funds into our county through our local soil conservation service. It is not just to keep the state parks operating; it also puts money in the hands of our agricultural community to help improve their soil, prevent erosion, maintain certain areas, and basically build better soil, better pastures, and better woodlands. It is very important. One thing about it that you need to remember is that it has absolutely nothing to do with the Missouri Department of Conservation. They get absolutely no funding through this. A lot of people think they do, but they do not. Their tax is a completely separate thing.

 

MENDEZ Could any of you identify a specific impact to Howell County from Amendment 1, one way or the other?

 

FRANKS You can see all that matching money go away, which means that instead of a million dollars in matching funds, those farmers, ranchers, and property owners who use this will have to come up with that out of their own pockets. Janet, do you have something to add on that subject? What I would like everybody to know is that this is not a new tax. This tax is voted on every 10 years, so your taxes are not going to go up, but it could go away. It is one-tenth of one percent that will go toward these purposes.

 

MENDEZ Thank you. Anybody else? Commentary on Amendment 1? Thank you.

 

Moving on, I am going to read the text of Amendment 2. Shall the Missouri Constitution be amended to require all charter counties, including Jackson County, to provide for the election of a county assessor and require assessors in all charter counties to comply with any training requirements established by general law? I apologize, Mr. Franks, but I think we have to go back to you on this one.

 

FRANKS I apologize to the crowd. It is a unique situation. A charter county is a county that is a large county, so we are looking at the metropolitan areas of our state. When Jackson County created its charter, it wrote basically the way the county is operated while staying within the guidelines of statutes.

 

One of the things they had written into theirs was that there was only one elected official in that county, called the county executive, the equivalent of Ralph being the presiding commissioner. This puts Jackson County on the same basis as all the other 113 counties in the state, leaving the City of St. Louis as the only one that will have an appointed assessor.

 

MENDEZ Does this yes or no vote have any effect on Howell County, in your opinion?

 

FRANKS None at all. Mr. Riggs, anything to add on Amendment 2?

 

MENDEZ Okie-doke. We are going to move on to what is actually Amendment 4. I apologize: on your exit ballot, it is marked number 3. There is no Amendment 3 on your ballot, so this is Amendment 4.

 

Shall the Missouri Constitution be amended to modify current requirements that a statewide majority of voters may approve initiative petitions to amend the Constitution; require a majority of voters in each congressional district to approve initiative petitions and to amend the Constitution; and make available to each voter the full text of initiative petitions with their ballot? Mr. Riggs, would you mind starting us off with this one?

 

RALPH RIGGS Sure. Constitutional Amendment Number 4 would basically make it impossible for a public initiative petition to occur. Whenever you have it where eight of eight congressional districts have to pass, along with 50% plus one, I would rather see it as a simple majority of the eight congressional districts than 100% of the eight congressional districts.

 

MENDEZ Why is that?

 

RIGGS Well, because if you have to pass 50% plus one in the state and then 100% of each congressional district, then 4 or 5% of the people can control the outcome of that initiative petition.

 

MENDEZ Sheriff Roberts, I want to kick this over to you. We have had some recent initiative petitions that changed the way you all are doing your work, specifically with the legalization of recreational marijuana via an initiative petition. Do you have something to add on this?

 

MATT ROBERTS Yes. In my opinion, from researching this, it seems that we are going from possibly too easy to amend our constitution to much too difficult. Like Presiding Commissioner Riggs, I believe that we should be looking at something more like a simple majority of the congressional districts rather than an absolute. Okay, thank you. Mrs. Crow? What do you think a yes or no vote would have as an effect on Howell County?

 

JANET CROW Obviously, a yes vote to change this so all eight congressional districts would have to have a majority plus one would make it very tough to ever get anything done. But I am kind of like them: it is way too easy right now to get anything done and passed, so this is a definite opinion by the people. The way it is right now, the rural counties are outvoted by a couple of the big urban counties. That I do not like. I do not like them having say over us. But I do think adding it into eight congressional counties was a big overreach, and I think that was to totally stop the initiative petition program.

 

I would have loved to see some kind of in-between, but we do not have that to vote on. It is keep it the same or make it stricter, so it is your opinion, of course.

MENDEZ Okay. Mr. Riggs, I am going to throw this question back to you before we get to Mr. Franks. Do you think that the legislature would be done with this IP reform if this were to fail? Do you think they would take it up again in a new session and try to come up with another fix?

 

RIGGS I have really stopped trying to figure out what the legislature would do.

 

MENDEZ That is a very fair answer to that question. Okay. Well, Mr. Franks, what is your take?

 

FRANKS I would rather see the same type of restrictions, same type of coverage, so they would all be treated equally if it applied to all congressional or constitutional issues. I think singling one out does not really look good, does not seem fair, and does not seem equitable. The Constitution talks about that very much, and that is something I have to deal with in my job on a daily basis: being fair and equitable. So I think if the legislature wants to make it difficult to pass an initiative petition constitutional amendment, they should do the same thing for the ones that they put forth.

 

MENDEZ Okay, thank you very much. Anything else on Amendment 4 before we move on to, I think, the one that we are going to spend the most time on? Amendment 5. Okay, and again, on your exit poll, that is in error. It is marked Amendment 4, but we are talking about Amendment Number 5. That is how it will appear on your ballot.

 

Shall the Missouri Constitution be amended to require legislative phase-out of the individual state income tax based on revenue growth; authorize the expansion of sales and use taxes; curtail the constitutional limits on taxing goods and services; and require local tax rate cuts without reducing school funding if local sales tax revenue increases? Mr. Riggs, would you get us started?

 

RIGGS Sure. Thank you. I would like to just tell a little story, if that is alright. Sure. My mother was—my dad passed away when I was 25 years old, and my mom was 53 or 54 years old. From the time she was 54 years old until the time she died in 2006, I took over her financial dealings. I filed her income taxes for her until she passed away.

 

In those years, she never made enough to pay any state income tax. She did not pay any. My dad was a—she did not receive a lot of Social Security, and she had to have help from the family. I could see it where, if you did away with the income tax and expanded the sales tax to other things, such as services, when my mom needed car repairs—she did not drive a new car; she drove an older car—would this be expanded to labor on mechanic work? When she needed a plumber, would it be expanded to that? Sure. The thing is, we do not know.

 

MENDEZ Right. Janet, could you get into a little bit why we are asking these questions? Why are the unknown unknowns inherent?

 

CROW That is the problem with this legislation. There are too many unknowns. They did not specify where these taxes would be shifted to, and I think that is a real problem for everybody who is having to vote on these. Of course, the pros say it will make us more competitive, and I believe it does depend on where you are at in life. If I have a big salary, maybe taking away my Missouri tax helps. But if I am a person on limited income, everybody would get taxed. More than likely—we do not know, and that is the problem with it—you would probably get more of a sales tax bid on labor items.

 

The problem here is that there are too many unknowns with the way this was written, and I am just not sure that I want to put the control and the power in our current legislature to make those decisions.

 

MENDEZ Mr. Franks, what kind of entities would be affected? What kind of local entities are we talking about? School districts? Volunteer fire departments?
 

FRANKS With the reduction in property tax, and that is one of the things the bill speaks to, it is only going to affect the property tax rates of the cities and the county. That is it. Schools are held harmless in this. They will not be touched. The only other one that would be touched in this county would be South Howell County Ambulance, because they are funded by a sales and use tax.

 

Who knows how they are going to expand it? They do not. As Janet said, there is no plan. They want five years to discover this. If you have watched them for the past five years, they have not discovered much except how to get out of Dodge in a hurry. Okay. The unknown is what bothers me the most. One of the gentlemen who works in my office sat down and took his and his wife’s paychecks, looked at how much is withheld every month for Missouri’s income tax, then looked at some receipts. They figured very quickly that they are much better off paying state income tax.

 

MENDEZ Interesting. Sheriff Roberts, do you have any thoughts on how shifting tax revenues would affect the kind of services that your department offers to the public?

 

ROBERTS Well, as the others have said, we do not know. Throughout the text of this bill, it talks about a rollback in local taxes to maintain revenue neutrality, so that could possibly curtail any growth that we see at the sheriff’s office as the economy grows or as more dollars are spent in the area. For me, that is a big concern. We just do not know, and we are putting our faith—One of the other things that has not been mentioned yet is that we are putting our faith in the hands of a legislature that we have not yet elected. This is phased in over several years.

 

Five years from now, it will not be anywhere close to the same legislative body that we have now. To me, the unknowns are the concern, and you should strongly consider that. Okay.

 

MENDEZ Mr. Riggs, anything else to add on Amendment 5?

 

RIGGS The only thing I would add is, you have heard the term, “Let’s pass it and then figure it out.” Yeah. We are just going to leave it with that.

 

MENDEZ Mr. Franks, anything else to add on Amendment 5?

 

FRANKS How can you follow that? As with anything, the biggest thing I would like to add is this: please show up at the polls and take a friend.

 

This is a phenomenal right that we have, and we need to make sure we exercise it every time we have that right.

 

MENDEZ We will take questions at the end. I just wanted to give you all an opportunity to offer some closing thoughts.

 

CROW All right. If there is a question that I want to address, I will address it. Okay. We are going to cop out, right? Okay. No. I would just like to say that the last four years have absolutely been a pleasure for me. I am pleased to be running again. If I love the job, I was going to run again, and I do love the job. I appreciate getting to work for all of you, and you are always welcome in my office to air your concerns or ask any questions. Just please let us know. We have a great working relationship, and I think that is something I am very proud of. One of the things Ralph himself got going is that we have a monthly elected officials meeting. I am very proud of how that turns out. We can get on the same page. We are not individual offices working against each other anymore.

 

I feel like we have come a long way, and I am proud to call these guys my little cohorts in the building, or whatever you would call us. But yes, I love the job. Thank you all for putting me in office, and I appreciate your vote August 4 and in November. Thank you. Okay, at this time, we do have time for one or two questions, if you have questions for our county officeholders on the amendments. Going once. Where is Billy Sexton? Going twice. Okay. Well, with that, if we could have a musical interlude, we are going to get set up for our representative candidate debate. Thank you.

 

STATE REPRESENTATIVE DEBATE- 154 DISTRICT

TRAVIS SMITH Now can you hear me? Okay, good evening. Thank you all for being here. I really appreciate and respect the fact that we live in a republic, and people come out, ask questions, and want to find out what is going on. Without an informed electorate, a lot of things can get done that should not be done in the first place. My name is Travis Smith. I am a former state representative, small business person, track coach, and basically a public servant for almost all my life. As a state representative, one of the things I really tried to do more than anything else was establish relationships. I think it is important that you make phone calls back home, ask your elected officials and your constituents what is important, and have open communication with them.

 

That means supporting agriculture, law enforcement, small business, rural infrastructure, and protecting our constitutional freedoms. We worked very hard to expand broadband access. In Douglas and Ozark County, we had very few things for infrastructure, and there were people at Rockbridge who would come over. I would ask them where they were from, and they would say, “Well, I used to live here, but now I have to live somewhere else because I do not have access to internet.” If there was one positive thing that came from COVID, we found out a lot of us can work from home. We worked with White River Electric to get the infrastructure in there for the internet, and now Ozark County has better internet than we do here in Howell County. I served on numerous local boards and organizations.

 

In 2001, I was honored to be the Missouri Chamber’s Freshman Legislator of the Year, and then, even greater, in 2003, R-7 Schools gave us the title of West Plains Alumni of the Year. I was really proud of that, and I am running this race because it is about results and not politics. I am unapologetically pro-Constitution, 100% for our First and Second Amendments, and 100% pro-life. I will always defend our God-given rights and the sanctity of innocent human life. If elected, I promise to bring the same work ethic, accessibility, and servant leadership that I have demonstrated throughout my life. That is my introduction. I would appreciate your vote on August 4. Thank you.

 

AMANDA MENDEZ Thank you. All right, Mrs. Stewart, you have three minutes.

 

JOJO STEWART Hi, I am JoJo Stewart. I have lived in Howell County my entire—well, this area, really—my entire life. I am a rural organizer at the grassroots level. I have done a lot of different things with different advocacy groups, especially concerning legislation over different areas, like trying to keep funding for our public education. But my most important title is the fact that I am a mom, and I do mom things to try to raise productive individuals for this community. I am running because, when you look down Main Street, what do you see? A lot of empty buildings.

 

That is because we have been left behind for the past 20 or 25 years through state legislation. It is not that the folks here do not try, but they certainly are not getting any helping hands from Jeff City. So we need to change that. There are a lot of things we need to change, and it starts right here at home. I am short, so thank you. Can you guys hear me a little better? Okay, I am sorry. I am like hobbit-size. That is why I am running: because our communities are so intertwined that it takes all of us to come together and say, “Hey, we need to come to the table and bring these things to heed.” You know, addressing our infrastructure, our public schools, getting health care access—especially mental health care access, which is a big issue right now here—and the housing crisis. I think we all can sit down and come to the table and do that, but we have got to have somebody up in Jeff City who is willing to do that.

 

And so I decided to run for the seat. Thank you.

 

MENDEZ Thank you. Okay, so we are going to move into governance/proposed amendment questions. Our first question is going to come from an audience member from West Plains, Jeremiah Johnson. Would you read your question, please? Raise your hand; I will come to you.

 

AUDIENCE He is at church.

 

MENDEZ Okay. Candidates, I had promised that these questions would be asked by the question asker in person. Are you okay with me reading this question aloud from Jeremiah Johnson? And Mr. Smith, you are going to have the first answer. Question: Why did you vote yes to raise fuel taxes in 2021? One minute.

 

SMITH Good question. Living in Ozark County and Douglas County, we had terrible infrastructure.

 

Our budget here in Howell County is $33 million. In Ozark County, it was $4 million. One of the things that sold me the most on that was those monies went to the city and county before they went to the state. That brought in an additional $600,000 in Ozark County, basically effectively giving them 15% more of their budget. Commissioner Riggs even made the good point here that it has brought in almost a million dollars. It was great for infrastructure. Missouri had the lowest gas tax in the nation, and unlike other states, MoDOT also has to take care of the lettered roads, which cost about three times as much. We needed the money to get it done, and the improvements have been made in Ozark and Douglas County. I am happy to do that. I am glad we got that done for them.

 

MENDEZ Thank you very much. Mrs. Stewart, do you have a rebuttal or thoughts to offer on that?

 

STEWART The people of Missouri voted that down. Whether we need it or not, that really was not the question. The question should have been: why does anybody vote against the will of the people? It was widely turned down statewide, so I think that is something to consider, too. That signals to us as citizens that our lawmakers are not listening when we come to the ballot box and when they bring us a proposed question.

 

MENDEZ Okay, thank you. We are going to move into one of our prepared questions. Mrs. Stewart, you will have the first answer to this question. This is from multiple people who submitted it, but the first two to do so were Keith Wallace and Tim Redburn of West Plains. How will each of the candidates vote on the proposed amendments, specifically Amendment 5?

 

STEWART I am kind of along the same lines as our county folks here. One, definitely, not just for our public lands, but for our farmlands, too. That helps them. It is not a new tax; it is a renewal. We have paid it forever, so it is not that big of a deal. I leave it up to dealer’s choice, but that is me personally. Two is no. It has absolutely nothing to do with Howell County, and charter counties have their own—like, that is kind of the point of a charter county: they have their own form of constitution. I do not understand why they cannot go and amend that instead of putting that off on the state. That is how I feel about that, so my answer is no. Amendment 4 is definitely no, because my question to you all is: why do you want to concede your civic power and influence to lawmakers? By voting yes with this—

 

MENDEZ t]That is your time. I apologize. Sorry. Okay, Mr. Smith.

 

SMITH Yes to one and two. On number four, I certainly think it is very easy right now to change our state constitution—too easy. I have had some people make the comment that, if it has to pass in all eight congressional districts, we do run the risk of, later on, one congressional district, particularly St. Louis, ruling no when we are all saying yes. So that is something we are going to look at this time around. Maybe if we do this again, make it five of the eight congressional districts. With number five, I just basically tell people: unless you pay $10,000 or more to the state of Missouri in income taxes, vote no, because you are going to end up paying more. Okay. Thank you very much.

 

MENDEZ Our next question is submitted from an audience member, Kevin Faulkner. Would you read your question aloud, please?

 

FAULKNER: My question is simple: do both your deputy treasurer and treasurer reside in this district?

 

SMITH My treasurer is sitting right back there. That is Billy Sexton. The person who runs the show is a CPA named Billy Pippin, who lives in Gainesville and has done my accountant’s work for the last three campaigns. It would be silly to switch in the meantime. Thank you.

 

MENDEZ Mrs. Stewart, anything to add?

 

STEWART I am my own treasurer. I keep track of all of that, and I keep meticulous records, too. You can ask my husband. I kind of have a stroke every time I have to do those reports because I have to keep all those receipts. So I hope that answers your question. Thank you.

 

MENDEZ Mrs. Stewart, we are going to stick with you for this question, which was submitted by Jill Henley of Willow Springs. As someone who is new to researching candidates, I have been reviewing campaign finance reports on the Missouri Ethics Commission website. I noticed that some committees appeared to be missing quarterly reports and provided very little detail. Transparency in campaign finance reports is a very important part of the campaign finance process. Campaign finances help build public trust. Will you commit to filing all required reports on time and providing complete, detailed disclosures so voters can clearly see who is donating to your campaign and how campaign funds are spent? One minute, ma’am.

 

STEWART Yes, that is the reason why I keep meticulous records. The only time you see limited activity is if I am not spending money and I am not fundraising, when the campaign is not really doing anything at all. That is the only time you see a limited activity report from me. Otherwise, I agree with her, and I would suggest that, with the donors, she start looking into PACs and tracking down where that money comes from.

 

MENDEZ Thank you. Mr. Smith, one minute.

 

SMITH Yes. I fully support transparency in campaign finance. Missouri has one of the most transparent campaign finance systems in the country. I encourage every voter to visit the Missouri Ethics Commission website. You can review reports for candidates, not just mine: who gave, what they are receiving, and how they are spending their money. Transparency builds trust, and informed voters make better decisions.

 

If anybody ever has any questions about a contribution to my campaign or others, I will gladly answer them. I will also sit down and show people how to use the website, because it is not easy at first on Missouri Ethics, but once you get the hang of it, you can find out a lot of information.

 

MENDEZ Thank you. Okay, Mr. Smith, we are going to stick with you for this question from a reader from West Plains. Too often, local leaders spend years developing projects, such as the Provalus project, only to discover no one is actively defending them in Jefferson City. How can the voters be confident that you will be present, engaged, and advocating for our district every day of the legislative session, not just when it is convenient, and that we will not have to rely on another district’s representative to protect our priorities?

 

SMITH Showing up matters. You cannot fight for your district if you are not in the room. Projects like Provalus do not happen by accident. They require someone who is willing to meet with state agencies, legislative leaders, and people who are involved in the community. I never want another representative to fight our battles here in the 154th. My philosophy has always been simple: the name on the front of the jersey is a lot more important than what is on the back. When you work together to get stuff done and no one cares who gets the credit, things can be accomplished. If elected, my constituents will always know they have a representative who shows up, answers the phone, and never stops fighting for them.

 

STEWART Thank you. Mrs. Stewart, would you like me to repeat the question? [YES]

 

Too often, local leaders spend years developing projects, such as the Provalus project, only to discover no one is actively defending them in Jefferson City. How can the voters be confident that you will be present, engaged, and advocating for our district every day of the legislative session, not just when it is convenient, and that we will not have to rely on another district’s representative to protect our priorities?

 

STEWART That is part of a lawmaker’s job: actually advocating for your district. That means sitting down at the table, even going across the aisles and building alliances so you can bring in that job and the jobs in. I am not really understanding why that is not happening in Jeff City, but if elected, that is something I would definitely do, because we need that here.

 

MENDEZ Thank you. Okay, for question number six, we are going to read the question submitted by Martine Long of Mountain View. We are going to start with you, Mrs. Stewart. “We the people are stretched and require not only no new taxes, but a decrease in taxes paid. What will you do to reduce the state budget and reduce our tax burden?”

 

SEWART Representative Mark Boyko from St. Louis, I believe, actually had a really progressive tax reform, and it would have lowered our taxes, but I think it died in MOLeg, where most good things do. It would cut back on the working class having taxes. It was more income-based on your tax cuts, so it was a really good plan, and that is something I would definitely look back into because it would help a lot of people here. I am going to be honest: we are paying too high in taxes, and we are spending the money where it should not be.

 

The state definitely has a spending problem, and I will agree with any Republican on that, because we are putting it in places where it should not be, like giving our tax dollars to millionaires and billionaires. So that is something I think we can definitely go back and look at. Thank you.

 

SMITH Basically, as Missourians, we do not have a revenue problem. Government has a spending problem. My goal is simple: keep more of your hard-earned money in your pocket. We need to conduct regular reviews of state programs, eliminate waste, duplication, and unnecessary bureaucracy before asking taxpayers for more money. We must prioritize government responsibilities that include public safety, infrastructure, education, and protecting our most vulnerable citizens.

 

But we need to eliminate lower-priority spending. Growing Missouri’s economy is one of the best ways to reduce the tax burden. More jobs, more businesses, and a stronger workforce increase revenue without raising taxes. As a business owner, I have always believed government should live within its means. My commitment is straightforward: fight for responsible spending and look for opportunities to return more money back to you. Thank you.

 

MENDEZ Thank you, Mr. Smith. We are going to stick with you for this next question. We are also going to switch topics to data centers and technology, which was probably the most often submitted question. The first question submitted was from Magdalena Brown, and it goes as such: My only concern as Gen Z is data centers. Everyone my age or older does not want AI to take over our country, county, or any other. How do you support AI, and what is your stance with it? Before we make any vote, we need to know our earth and future are not impacted by big tech data centers that cause so many effects to us, our children, and our lands. One minute.

 

SMITH AI is a tool. It is like the internet or electricity. It can be used for tremendous good or misused. I do support using AI to improve health care, education, agriculture, manufacturing, and government efficiency, but my position on data centers has always been consistent. I do not support large-scale data centers here in the Ozarks. They are better suited for areas like Kansas City and St. Louis. There are tons of abandoned factories in our urban areas that already have the infrastructure there. I also believe local citizens deserve a voice. Too many of these data centers have been planned without local citizens having a chance to come in. That is very important, and we also need to allow our commissioners to make choices. It is really tough here because we do not have planning and zoning. One of the things, talking to Commissioner Riggs, that we have talked about is basically saying, “Hey, let’s look at some—”

 

MENDEZ Thank you, Mr. Smith. That is your time.

 

STEWART I absolutely do not support data centers. The impacts they have on just the environment alone are enough to say no. When it comes to AI, I absolutely hate AI.

 

It takes away from the human creativity aspect that we all have. When you look at my campaign stuff, there is nothing that I have made that is AI. I do it all myself with fancy little tools and whatnot. So my answer is absolutely not on both. I also want to point out that AI is not reliable, especially if you do a lot of searches. You usually have to backtrack and go back through it. So my answer is no.

 

MENDEZ Thank you. We are going to stick with you for this next question from a reader in West Plains. How can Missouri improve broadband access without placing unnecessary burdens on taxpayers?

 

STEWART Well, some of that burden—and I am going to use Brightspeed as an example—I do not have the fiber internet that they have at home.

 

All I can get is a copper wire. Do you know they charge a surcharge of a tax for us to pay for their property taxes in this county if you do not have their fiber? That is quite something. It is a predatory service. But to answer the question more precisely, there is already money allotted for internet. I am not really sure why our community is not tapping into that, but I think that is something we definitely could do.

 

SMITH Broadband is no longer a luxury; it is something we have to have. During my time in the Missouri House, one of the things we did was work with White River Electric to get broadband to our area in Ozark and Douglas County.

 

I think we also need to embrace new technologies: Starlink and other low-earth-orbit systems. I see it all the time when I am knocking on doors. It has made a huge change in how people get broadband. Expanding broadband does not mean we have to sacrifice our rural way of life and bring large-scale data centers to the Ozarks. My goal is basically simple: connect rural Missouri to the opportunities of tomorrow without having taxpayers have to foot the bill.

 

MENDEZ Thank you. All right, we are going to switch topics again, this time to social issues, which is the most frequently submitted topic here this evening. We are going to kick it off with a question from Bill Stone.

 

STONE Welcome to America. Question I had. We had a perfect example of what I am about to speak of just a while ago during this meeting. Some people did not stand for the Pledge of Allegiance. That is your choice. That is their right. Now, somewhere down the road, there is going to be this little critter pop up and come down the street. Senator, you cannot do this because we want you to do it this way. There are currently three mosques in Springfield, Missouri. Somewhere down the road, somebody is going to come into West Plains and say, “We would like to put a mosque over here on the street corner.” That is where you are going to come in, Travis, JoJo. And you say, “Oh, that is federal.” No, when they come up here in Howell County and say, “You cannot do this or you cannot do that,” my question is: will you stand behind keeping a mosque—someone that hates our guts and chooses to do harm to us—while you people are part of the program?

 

MENDEZ Thank you. Mr. Smith, you have one minute.

 

SMITH First Amendment rights give us the ability to say and think how we feel. The problem is, sometimes you can say what you want to, but there are always consequences. We have to be very careful that we do not turn into Europe. Right now, the number one boy’s name in Great Britain, not just London, is Mohammed. If you allow certain groups to come in and take over, before you know it, your whole way of life has changed. So we have got to look at that, and it has to be done. I do not know if it is state level or local, but it is something that has to be watched. I saw what happened in Great Britain, and that scares me greatly.

 

STEWART I believe in the First Amendment right, and I also believe in the Establishment Clause and the Constitution, which means that people have freedom of separation—well, what Thomas Jefferson coined as the separation between church and state. Immigration gets into federal waters rather than state, although we do have some overlap there. Do I feel that all these migrants are going to come down to our county and just take over? No, not in the slightest. We do not have anything here for them to take over, to be quite honest. So my thing is, we have got to learn to respect all our neighbors. Not just because we do not like something they are doing; we have to show a little decency and respect toward what they think, too. Thank you.

 

MENDEZ ]The next question is also a social issues question submitted by Teresa White, who is here tonight. Okay, this is another one that has been submitted on behalf of someone who is attending a church service tonight. Candidates, these are not the rules you agreed to. Would you like me to read it? You may decline. [THEY ACCEPT] This is a question to Mr. Smith: I was wondering how you can say you are for the little guy, yet according to followthemoney.org, you have accepted over $300,000 compared to Ms. Lisa’s next to nothing.

 

SMITH First of all, there is a major difference between a representative race and a state senate race. Right now, in the state senate races in the state of Missouri, the average cost to run is about $500,000 for a $36,000-a-year job. That is crazy. But if you want to talk about follow the money, instead of going to Missouri Ethics, look at the person I ran against last time. They got about $50,000 more than I collected. So as far as being able to do more this time around, yes, we have raised money, but that is because a lot of people in Jefferson City want us back because they know they have got a representative they can work with in the Capitol. Thank you.

 

MENDEZ Thank you. Mrs. Stewart, any comment?

 

STEWART No, my campaign is broke. I am going to be honest. I believe in trying to keep money out of politics because it does create a breeding ground for corruption, and you see a lot of it. So yes, I do not fundraise like a lot of people do, and these campaigns are expensive. Just materials alone might cost you $700 for 50 signs. My campaign cannot afford that, and I am okay with that. I would rather talk to you in person anyway. Thank you.

 

MENDEZ Thank you. All right, Mrs. Stewart, we are going to stick with you for this question submitted by Maxine Horgan of Mountain View. If you would have been in office in 2025, would you have supported and voted to overturn Amendment 3, the right for a woman to make a comprehensive medical decision, and Proposition A, the right to earn one hour of sick leave after working 30 hours, both of which were passed by a majority of voters? Would you be inclined to overturn any future measures passed by the voters?

 

STEWART: Nope. That is a simple answer: no. Missouri spoke at the ballot box. They told us what they wanted, and as a lawmaker, you really need to respect that. So that is my answer. Thank you.

 

SMITH Yes, I would have wanted to overturn that because I am 100% pro-life. One of the problems we have in this state is that we have 114 counties, but yet counties are making that decision for the rest of us. What works in St. Louis and Kansas City does not necessarily work down here. I see business owners sitting in the audience, and when I asked them about sick leave and some of these things, they said, “If that is enacted, we are going to have to let employees go.” When that hurts small business, I would vote yes to overturn that if it is not helping out people in the 154th District. Thank you.

 

MENDEZ Mrs. Stewart, we are going to stick with you for this next question submitted by Brian Smith of West Plains. This was submitted by several people; he was just the first one to do it. What are your thoughts on Flock cameras already starting to enter this area, violating my very basic Fourth Amendment?

 

STEWART Listen, I am a ’90s kid. I grew up in the ’90s with the birth of the internet and everything else, and the whole idea of Big Brother is watching. That is what I think Flock cameras are. Do I think they have some benefit? Maybe. But until people can learn to behave themselves—because you are seeing in the news constantly people misusing this technology—they are just a really bad idea. So I am not for Flock cameras at all.

 

SMITH Flock cameras can be valuable in solving certain crimes, locating abducted children, and finding people who were involved in crimes. However, they can also be a serious override of our constitutional rights. There was an example in southwest Missouri of a law enforcement officer who basically looked up his ex-wife about 110 times. In order to balance that out, I support clear safeguards: criminal penalties for anyone who misuses or improperly accesses the system, strict limits on who can use that technology, and audit trails so we can look at every search to make sure it is not permanently recorded. You cannot keep data that long; it needs to be deleted after a time. Technology should be used to investigate crimes, but never to monitor law-abiding citizens. Thank you.

 

MENDEZ Thank you, Mr. Smith. We are going to stick with you for this next question. We are also switching to our final topic of the night. This question was submitted by John Bergdorf: Why am I still paying school tax when I am 76 years old, living on a fixed income, have not had children in the public school system since 1989, and do not have grandchildren? It needs to stop somewhere.

 

SMITH I hear this question from a lot of senior citizens. Being involved with public education in the past, I understand why we need funding. I also understand why seniors are a little upset about this. We did pass SB 190, which basically froze property taxes for seniors 62 and above. That was a start. The challenge is that we have to find meaningful tax relief for our seniors.

 

No one who owns their home and has paid off their mortgage should ever be taxed out of their house.

 

STEWART That fellow is making a strong case for why the state needs to fund our public schools to ease the tax burden of our property taxes. It really would, if they would just fund our public schools like they are supposed to. But yes, that would ease that up, so he just made his case for me, and I thank him for that.

 

This is our final question of the night before your closing statements, and this comes from David Cogram. Do you see a problem with school administrators in our county being paid more than the governor of Missouri? Mrs. Stewart, one minute.

 

STEWART Well, you know, a governor is supposed to be a public service. You do not get into government to make bank. You just do not. With school administrators, there is a lot to their job and a lot they have to deal with. Do I think it could be lowered some for this area because our cost of living is a little lower than other places? Sure. But to say that they need to make minimum wage, no, because there is a lot going on behind the scenes that a lot of the public people do not know about. I do not mean that in a bad way, but the details of their job. So I am kind of on the fence with that. But again, lawmakers should not make more. You do not get into public policy to make money.

 

SMITH I believe taxpayers deserve to know where their money goes, and that includes administrative salaries. But I do not think it is about just criticizing any one superintendent. My priority is to make sure that education dollars are used as effectively as possible. Right now, our superintendents, our teachers, and our administrators have way too many mandates in public education. We need to get rid of those things, let teachers teach, and let administrators do their jobs. It is that simple. Thank you.

 

MENDEZ All right, Mrs. Stewart, it is up to you for your closing statement. Ma’am, you have two minutes.

 

STEWART All right, well, thank you all for coming. This is actually the second thing I have ever been invited to in the two cycles I have run. As you can tell, we have more in common than not. The only difference is I do have a D by my name, and I am okay with that, because, well, the other part gets a little crazy sometimes, especially if you have watched the MOLeg for the past six years. It does get a little intense. Anyway, I would appreciate your vote, but I am not going to push you into that because I want you all to decide that on

 

SMITH I have done a lot of things in my life. I have been a businessman. I have been a coach, and I was pretty good at both of those. But the thing I love the most, and the thing I did best, was taking care of my constituents. This job is basically a customer-service representative job for the state of Missouri. Right now, they are trying to get too automated. You are on the phone for 30 minutes. I always told my constituents, “All you have to do is call, and we will help you take care of it.” A lot of times I could take a walk right across the administrative building in the Truman. There would be a pile on the desk, and I could say, “Can I help constituent A, B, and C with this?” and we would get it taken care of. We have far too many people in this state and country who feel like their voice does not matter anymore. I want to be your representative so you have someone in Jeff City that you know is going to be there when you make the call. That is why I would appreciate your vote on August 4. Thank you.

 

MENDEZ All right, that concludes our state representative debate. Can we have a round of applause for the candidates? Thank you so much.

 

ASSOCIATE CIRCUIT 3 JUDGE CANIDATES

 

MENDEZ Each candidate has drawn a random number that will determine their speaking order. We also had them draw straws to determine who will give the first opening statement, and the opening statement falls to Mr. Simpson. Sir, you have three minutes.

 

MARTY SIMPSON Thank you. As you know, my name is Marty Simpson. I grew up here in Howell County, left after high school, and came back in 2009 with my family. In the interim, I had a nice career in the corporate world, and when I was 35, I went to law school. I made some changes. That was exciting: to go to law school with five kids and a mortgage. That is just the way we do it. I came back home to raise my children here because this really is the best place.

 

We were up near Chicago, and we just had to come home. While in Illinois, I practiced in both the state and federal courts. During my last two years of law school, I worked for the state’s attorney’s office in Winnebago County, which is Rockford. During those two years, I did traffic court and hearings. When I graduated, I stayed with the state’s attorney’s office doing civil work in both the state and federal courts. Since then, I have done a lot of court work here. Now I have mostly an estate-planning practice. There are a couple of things that I would like everyone to remember tonight. First, there is a different skill set required to be a good trial attorney and to be a good judge.

 

We are going to hear a lot. All of us are going to talk about our experiences as trial attorneys, but there is a different skill set there. The second thing is that I am running for judge; I am not running for prosecuting attorney. I think we will hear a lot of statements that would be very good for the prosecuting attorney’s office. I want you to keep that in mind as well. A trial attorney is a good advocate, whereas a judge has to be an impartial, neutral party until they have heard all the evidence and applied it to the law. I look forward to serving the people of Howell County. I enjoy public service. I truly believe that when you are serving other people, that really is the best way to serve God. That is something I try very hard to do in my life: to serve God, my family, and my community.

 

LYNDELL BEARD My name is Lyndall Beard. Originally, a long time ago, I was from this far, far away land that I viewed as just a horrible bastion place. It was called Arkansas, and I like to say I am from there. It was totally Democratic. I am unapologetically a Republican, and there is a state senator who covers this area. He refers to this part of the Ozarks as God’s country, and I agree with that 100 percent. I went to school in St. Louis at Washington University, a very good private university, but my background was very impoverished and hard-working. Through public education, I had contact with real people. They gave me context. They gave me a viewpoint, a worldview that was a little different, and I have been blessed.

 

I have been blessed with four wonderful children, various strengths and weaknesses, and I have traveled throughout the world. But at the end of the day, despite having the opportunities to leave, travel away, and pursue other business interests, I always came back to Howell County. This is home for me, not because I was born here. This is my choice. From anywhere and everywhere in the world, it is Howell County. Mr. Simpson made a reference as to why he sits there to be a judge and an advocate. It takes life experience. It takes wisdom. It takes discernment. It takes applying core principles, not just seeing what is in the short run and what is in the long run. As an associate judge, we apply the law. We do not make law. Generally, we follow the law that is there, but as a judge, you serve important roles as a fact-finder.

 

For a judge, there are many gray areas that can arise for sentencing, guidelines, and issuing judgments. That is where common sense, connection with community, and reality come in, so people feel that they have been heard, that there is integrity, and that they are dealt with respectfully. All of that comes from the bench. As an attorney in the courtroom, I have been cussed at, yelled at, and pressured, and I have never backed out. I have never wavered. As an attorney who has had a lot of business interests, I have been offered bribes, I have been threatened, and I have been controlled, and I never backed up. I will not as a judge. I do not put up with that crap that comes in.

 

I answer to God, God alone, and I walk my own beaten path. A good friend calls me a little bit of an odd duck because I think differently. I take that as a compliment, and I am grateful for that because I am an odd duck, but I am an odd duck who believes in the individual. I believe in Howell County. Thank you.

 

HEATH HARDMAN Good evening. My name is Heath Hardman, and apparently I am one of many choices you have for judge. So I am going to tell you a little bit about myself. I am a husband. I am a father. I am a grandfather. I am a decorated United States Marine Corps combat veteran. I served nearly 11 years in the United States Marine Corps.

 

During that time, I did four deployments, two in Iraq and two in Afghanistan. My family roots are here in Howell County, in Willow Springs. My mom and dad both graduated from Willow Springs High School. They joined the Army right after high school, and I served in the military as well. Due to my military service and my parents’ military service, I lived in various places throughout my childhood and life, but Willow Springs in particular was the place I always came back to. That is where the family farm is, and it has been in the family for generations. So this is home. Like Mr. Beard, I have lived a lot of places and had the opportunity to live anywhere I chose, but I did choose Howell County. Currently, I live in West Plains, and as an attorney, I am currently the city prosecuting attorney for the City of West Plains.

 

I just concluded about four years with the Howell County Prosecutor’s Office as an assistant prosecuting attorney. Before that, I was in private practice, practicing in a wide variety of law. I have practiced in every level of court in the state of Missouri, from the Missouri Supreme Court to the Court of Appeals, the Circuit and Associate Courts, and the Municipal Courts. Having that perspective on how the higher courts look at the decisions and actions of the lower courts, I think, is helpful for a judge. You are going to hear from us tonight about our experiences. We have different experiences, and we have lived different lives, and that is all true. But you are going to be asked to decide who to vote for, and understanding the job is very helpful. In 2025, there were 8,483 cases filed in Howell County. Sixty-four percent of those were criminal and traffic cases, 11% were probate, 11% were associate civil and small claims, 10% were domestic relations, 3% were circuit civil, and 1% were juvenile.

 

So the overwhelming majority is criminal and traffic. Now, it is not that those other cases do not matter, but this particular position, the Division III position, is primarily over the criminal cases. Some of these other categories, like the associate civil cases, go to Division II. Probate does go to this spot, Division III. So you need to match the experience up for what is going to relate to that job. One of the more complicated things judges and attorneys do is jury trials. I have extensive jury trial experience in civil law, criminal defense, and prosecution, even including serious crimes such as murder, child sex crimes, and numerous others. But a judge sets the tone, and you will choose that judge on August 4, so I ask you to take that into consideration as you make your choice. I look forward to the opportunity to earn your vote tonight. Thank you.

 

LARRY BURTON II: Good afternoon. It is nice to see everybody come out tonight. My name is Larry Burton. I am an attorney. I have an office in Mountain View. I have been there for about 10 years, practicing the same type of law that associate judges see every day. It is what I have been doing for 10 years. I am married, and I have six children. My wife is also an attorney. She works in the office with me. Yes, she does. That can be tough. She is very opinionated, so being a judge would get me away from that, so I would appreciate that. But no, she is very good. She has been running my campaign and working her tail off doing so. I also have two daughters here who have been campaigning very hard for me, braving the heat. We are very close. Since the campaign started—and before the campaign started—we did Sunday dinner at my house. I have six children and eight grandchildren, and they come over on Sundays. We have Sunday dinner, so even though we all have busy lives, we get to keep in contact with each other. I get to see the grandkids, spoil them a little, and then send them back with their parents.

 

Since the campaign started, we have knocked it down to one day a month. It is usually on Sundays that we have Sunday dinner, so family is a big thing for us. I grew up in a big family. Family has always been important. I like getting all the kids and grandkids around the dinner table and eating dinner. It is an important thing, and I think I have brought that into my practice as well. I like to help people. I like to see people succeed. So in my practice, I have always tried to help them succeed, whether that was a criminal case or a family law case or whatever. I have tried to help them succeed by suggesting different ways to improve their situation or improve their lives. There was some talk about what it is like to be a judge.

 

What I think I am going to like about being a judge, if I am elected, is that as an attorney, you are hired to advocate for a position, a side, because there are usually two sides. As an attorney, you do not always get to advocate for a position you agree with, but as your job, you have to advocate for that position. As a judge, you get to advocate for the truth. You get to advocate for justice. You get to advocate for the law. That is what I think I will really enjoy about being a judge, if I am elected. I have practiced every type of law an associate judge sees on a daily basis, and I have done it for 10 years. I have never quit doing it. The practice of law is not a part-time job for me.

 

It is a full-time job. I work many, many hours every week. I have a very busy practice. I am in court a minimum of three days a week, sometimes four or five. So I think that has prepared me perfectly to be a judge. Thank you.

 

MENDEZ Thank you, Mr. Burton. All right, so we have had two types of questions submitted for these candidates. The first type is a question seeking an answer. It is a fact-seeking question. The second type of question seeks an opinion and is up for debate. So we are going to go through the questions that are seeking something factual from each one of you. I will remind our candidates that you each have one minute to answer, and there will be no rebuttals allowed in this portion. We are going to save that for when we get to the opinions. So this first question, Mr. Burton, you will be starting, and the question is as follows: Have you ever been disciplined, reprimanded, or admonished by the Missouri Bar Association or any court in Missouri? What was it for, and would you be willing to provide a copy of the complaint to the public? One minute, sir.

 

BURTON Okay. I have an admonishment in my Missouri Bar file. There was a complaint filed about my billing. The Missouri Bar’s investigation department came in and audited my books. They audited every dollar I brought in for, I think, about five years. The admonishment in my record is because I did not pay myself fast enough. I had money sitting in a trust account too long, if you can believe that, but that is the admonishment on my record.

 

They went through five years of my banking, my trust account, and my business account. They went through all of my financial records. I think it was about a five-year period, and that is what the admonishment is for: because I did not pay myself fast enough.

 

MENDEZ Thank you. That is your time. Mr. Simpson, you are next.

 

SIMPSON Yeah, in 2010, I actually left the practice of law for a couple of years. During that time, I did not do my CLEs, my continuing education credits, and I was suspended as an attorney for a short time. After those two years, I came back, recompleted my continuing education credits, and renewed my license. During that time, there had been a court case that I am sure whoever has looked me up on Case.net would see, that I had delinquent taxes in 2010 as well.

 

I resolved that issue and moved on.

 

HARDMAN Never.

 

BEARD No.

 

MENDEZ Thank you. Okay, moving on. Mr. Beard, you will have the first answer to this question: How do you identify, check, or manage your personal biases to ensure every person appearing before you is treated impartially?

 

BEARD Under the canon of ethics that judges operate under, if you have a close relationship with someone, then you simply recuse. That is it. The next is just a simple common-sense approach that says, if you are uncomfortable saying yes, you are uncomfortable saying no, or you are uncomfortable awarding a monetary judgment against someone, then you simply recuse. It is no more complicated than that. People are entitled to be heard, to be respected, and dealt with fairly. You cannot deal with people fairly if you feel uncomfortable rendering a verdict one way or the other. In a small community where you know lots of people, and where you have been here for 32 years like I have been, those issues will arise. But those issues will arise with anyone in the community. Thank you.

 

HARDMAN: When it comes to personal bias, I think you just stay curious. Stay open-minded. Do not rush to judgment. Wait to hear all the evidence, and wait to hear both sides.

 

Do not rush, as it pertains to bias. Mr. Beard commented somewhat on issues of conflict of interest, so I will touch on that too. If you have a known conflict of interest, you simply recuse. I think that, by maintaining an open-minded approach and a willingness to hear from all sides, that is the step you take. Now, judges do have an affirmative duty not to unnecessarily recuse themselves, so you have to balance it. You do not want to just get off a case because it is high-conflict or high-profile and you are going to have to make a hard call. So we should not just willy-nilly recuse from a case. But we have options that are available, and we use those options to stay open-minded.

 

SIMPSON If I understand the question, in not having personal biases, I begin from a place that we are all children of God. People are different than me. People have different thoughts than me. People act differently than me. But we all come from the same place, and when we look at people that way, when you look at somebody as equally valuable as you are, it becomes harder to be biased against them, even when we act differently or have different preferences or different thoughts. So starting from a place where, in God’s eyes, we are all equal—as far as recusing and that type of thing, of course, when a judge has a conflict, he has to recuse. That is easy enough. I am not sure that there is bias in that. I think it is more when somebody is standing in front of you and they look like something that maybe you do not like, you have to get over that and remember who they are and that they are important too.

 

BURTON Well, the law tells us that judges are held to a higher standard than even attorneys as far as ethics and professionalism go. The court is supposed to avoid even the appearance of impropriety. So even if it looks like you might be biased, the law says you are supposed to step aside because even the appearance of impropriety is not tolerated by the courts. I do not have any ax to grind with anybody. I do not have any strong personal biases that I am aware of. I would treat people fairly and equally as they come to me. But if there was even the appearance of impropriety, I would recuse. If it was a former client, I would recuse. My wife practices law.

 

If I am a judge, I am not hearing cases that she is in because that is a conflict of interest, so I would recuse. But I think I can be fair-minded to anyone.

 

MENDEZ All right, moving on to our next question. Mr. Hardman, you will have the first answer to this: What is your relationship like with local law enforcement?

 

HARDMAN: I have had a good working relationship with them as a prosecutor. Before that, I was a defense attorney, and as a defense attorney I also had a good working relationship with them. They are often called as witnesses in cases. When I was a defense attorney, that included trials, preliminary hearings, and probation violation hearings. I always treat law enforcement officers with respect, even as a defense attorney, even when I am challenging them.

 

It is a hard job that they do, and I try to treat all witnesses with respect. As a prosecutor, I have been prosecuting cases investigated by them and had that working relationship. I am also endorsed by the Fraternal Order of Police, so I think I have strong support in that regard as well. Thank you.

 

BURTON Well, being a former police officer, I think I have a pretty good relationship with them. I talk to law enforcement officers all the time. I actually love having them on the stand. It is a blast. I think it is fun because, except for the rare occasion, when I have an officer on the stand, I am getting the truth, and I like hearing the truth in a courtroom.

 

I hear it so rarely that, when I have an officer on the stand, I am usually getting the truth out of them. So that is encouraging. I read probable cause statements every day. Probably half of my practice is criminal law, and so I read probable cause statements all the time. I investigate the crimes that the cops allege the defendant has committed, and they do, on average, very good work. I would like to see better report writing from them, but I do not begrudge them that. They are trained to do what they do, and I know what that grind is because I have done it. I did it for about five years and had a blast in it. But I think I have a good relationship with law enforcement.

 

SIMPSON As far as I know, it is good. I have no reason to believe it is not. Right now, most of the time I see law enforcement, they are in my office doing estate planning. As far as seeing them in the courtroom, I have never had any issues as far as I know. My relationship with them is very good. I am not sure what more to say.

 

BEARD My relationship with law enforcement goes back to 1995, back when our deputies were making minimum wage or less. I provided numerous ballistic vests. Most people could call them toys, but the first AR-15s that were bought for law enforcement were set up with my assistance in a plan I set up with the bank so they could finance it.

 

Numerous deputies during that time frame—and candidly, I am the go-to guy for the various municipal cops in the city, the county deputies, and I am endorsed by the Howell County Sheriff and do work for the Howell County Sheriff’s Office. I have an extremely close relationship and have not had a complaint yet.

 

MENDEZ Thank you. All right, this next question is an amalgamation of several questions that are all seeking the same thing, but it is sort of a “give us your résumé” type question. I will repeat it each time if you would like me to. I am going to read the whole thing, but it is about specific experiences that you have had as attorneys. How many contested preliminary hearings have you done? How many of your criminal cases have been traffic matters? How many hours have you been in the courtroom in the last month? How many cases have you briefed or argued in the Missouri Court of Appeals or Missouri Supreme Court? How many of those are criminal? How many jury trials have you tried to verdict in the circuit courts of Missouri, and how many of those were criminal matters? Mr. Simpson, we will start with you.

 

SIMPSON Preliminary hearings: I have not done a criminal preliminary hearing in many, many years. How many of your criminal cases have been traffic matters? Well, as I said, in law school, I did hundreds of traffic matters. Here in West Plains, of the criminal things I have done, a handful have been traffic matters. How many hours have you been in the courtroom in the last month? In the last month, mostly in the probate guardianship area, maybe four. Okay. How many cases have you briefed or argued in the Missouri Court of Appeals or Missouri Supreme Court? None. Okay. And how many jury trials have you tried to verdict in the circuit courts? One. And how many of those have been criminal? That one.

 

MENDEZ All right, Mr. Beard, same question, and it starts with how many contested preliminary hearings have you done?

 

BEARD Hundreds. I really do not know. As far as traffic cases, let us be clear, people: that is kind of a joke question. For traffic cases, you pull together a person’s driving record to see what they said to the prosecutor. You put it in a letter, you give it, sit there, you ask for an alternative disposition, you send it in, and an efficient prosecutor’s office comes back because it is not the prosecutor’s job to drive up your insurance rates and keep problems. I literally have no idea how many traffic cases come in.

 

MENDEZ Yeah, I am just going to pause the timer real quickly. I do not think this question is seeking specific numbers. If we can sort of give it a ballpark, so we can get an idea of your general experience. But the next one—if I am resuming the timer—how many hours have you been in the courtroom in the last month?

 

BEARD In the past month, probably 11 hours for the various courtrooms in the jurisdictions, not including travel time. But once again, the realities of the situation are that most people go to a courtroom, they are there for case reviews, and a case is set in place. The attorneys sit, they talk, and they try to work things out in the courtroom. I do not operate that way. I am more efficient. Many times on a docket day, I will hit a courtroom, and I will be there for five minutes and I am out.

 

MENDEZ That is your time. Mr. Hardman, same question. How many contested preliminary hearings have you done?

 

HARDMAN: A lot. I was a prosecutor for just about four years. I did a lot of them as a defense attorney, too. And how many of those criminal cases have been traffic matters? Thousands. Most of them are easy, but I have jury-tried traffic cases, believe it or not. Okay. And how many hours have you been in the courtroom in the last month? I would say probably 25 to 30 hours in the past month. And how many cases have you briefed or argued to the Missouri Court of Appeals or Missouri Supreme Court? I think four at the Court of Appeals and one at the Supreme Court. Thank you. How many of those have been criminal? I think all my appeals were civil or writs of prohibition arising from criminal cases. And how many jury trials have you tried to verdict in the circuit courts? Twenty-two: one civil, one defense, and the rest criminal, ranging from murder to traffic tickets.

 

MENDEZ Mr. Burton, same question, starting with preliminary hearings. Contested preliminary hearings. You are talking about ever? Yep. Probably, in 10 years, maybe 100 to 150, ballpark. Thank you. How many of your criminal cases have been traffic matters? I typically run about 10 or 15 traffic matters per month, so I do the math. Most of my stuff is felony-related. Thank you. How many hours have you been in the courtroom in the last month? Anywhere from 100 to 120. And how many cases have you briefed or argued to the Missouri Court of Appeals or Missouri Supreme Court? I have been thinking about that. I have not filed any appeals. I was appealed once, and we had to answer to it, but I do not think that answers your question, so I think the answer is none. And how many jury trials have you tried to verdict in the circuit courts? Three. Thank you. How many of those were criminal? All of them.

 

MENDEZ: Thank you. Okay, and with that, we are going to move on to the questions for debate. At this time, I am just going to remind the candidates that each of you has a pass sign at your podiums, and you can use those because it is truly up to your own judgment whether or not the questions that we are going to be debating cross that ethical threshold as a judicial candidate. Okay. First question for debate will be to Mr. Burton, and it is as follows: Is it true, from your perspective, that Howell County has a reputation for being a catch-and-release justice system? If so, where, in your opinion, is the point of failure, and can it be improved? Two minutes, sir.

 

BURTON: Well, I cannot speak to what other people’s opinions are. I could see how that would seem to some people because the court system is overworked. We do not have enough judges in this circuit. There should be more judges. We do not have enough court time. We cannot try all the cases. You could go into Judge Ray’s docket on any day, and there may be 200 cases on his docket. You cannot try 200 cases in a year, and that is just one docket day.

 

What I would like to see is treatment court expanded because I think it works. I think it stops people from committing more crimes that clog up the system. I have been practicing criminal law for 10 years, and I can tell you it is a conveyor belt. I see the same people last week that I saw eight years ago because we are not addressing the problem, and the root of the problem is drugs, mostly. That is what is behind most crimes in this county. You can boil it back down to drugs. So I think we should expand treatment court, get help for those people who have that substance-abuse problem that leads to all those other crimes, and I think it would reduce recidivism rates and improve the quality of life for Howell County. That is my opinion.

 

SIMPSON Again, perception is difficult. People see the court system from outside and perhaps have that perception that it is catch-and-release. I think the judges are doing the best they can. As Mr. Burton said, there are 200 people on one docket, and that is just one docket. I think that if they could see the system from the inside, they might have a different perception of that. I really think the court systems are doing what they can to keep that from happening, and I agree that the reason there are so many there is more of a societal issue, whether it is drugs or whatever. That would be the best place to resolve those issues.

 

But no, I do not think the judges are just letting people go willy-nilly.

 

HARDMAND During my campaigning, that was the number-one complaint I heard: catch-and-release, slap on the hand. So I think some people in our community hold that belief. I agree with a lot of what the candidates said, but I am going to give you a concrete example of how this happens. A person gets charged with a drug crime or a property crime. Those are non-remandable offenses. On average, you send that person to prison for four years, they are going to do a month to a month and a half per year, they are going to get credit for their time in Howell County Jail if they had any, and so they are right back out. They are on parole, not probation, and no one is supervising them.

 

If you do something like a sentencing pursuant to the 120-day statute, 559.115, they do four months in prison still, but they do not get credit for their jail time, and they come out on probation being supervised. So what we have here is a set of tools with limitations. We have things that are outside the judge’s and prosecutor’s control, and that is the DOC regulations. You will hear people talk about truth in sentencing, but when a judge says, “You are getting four years,” you are getting four years. We do not have that. DOC kicks them out. That is frustrating.

 

MENDEZ Thank you. That is your time. Rebuttal?

 

BEARD Yes, ma’am. I think the catch-and-release issue is probably referring to two separate aspects. One is something Mr. Hardman spoke about that is beyond the control of the local courts, but DOC stands for the Department of Corrections. When a person is sentenced and sent away, there are sentencing guidelines that apply to that, but then also, at the end of the day, depending on whether it is federal regulations and DOC overcrowding issues that are in place, they are going to kick them out whether we like it or not. The other one is bail that comes into place. The Missouri Constitution, the Federal Constitution, and Missouri statutes all require that there be bail. Most of those are personal recognizance bonds that are set in place, but that was not done. That was abused in North St. Louis and Ferguson-Florissant. All the riots they had up there were because bail was used as a tool to force pleas from people who might have been guilty in other ways. It impacts the poor very badly. The bail test is four factors. As a practical matter, it is criminal history and danger to the public, except for what comes in. Judges look at that. Generally, your first pass is free, but then you come back. The Supreme Court pushes judges to turn people loose.

 

MENDEZ Thank you, Mr. Beard. That is your time. You do get the first answer to the next question. You will get two minutes, and here is your question, sir: Is a proposed justice center that combines courtrooms with jail facilities better than a new stand-alone jail? And if so, why? Two minutes, sir.

 

BEARD I had no idea this question was coming, but I have wanted to address this for years. Part of this comes from my great community experience in development and working within the community, not just from a judge’s perspective. We had the opportunity for a justice center many years ago. Many of our counties around us, including Butler Valley and funded counties, have a criminal justice system. Decisions were made on a political level with our circuit judge, where we revamped the courthouse, kept the courthouse, the county got the Bank of America building, and we spent lots of money revamping the courthouse. The thought was cost savings because we would need a new jail. Our jail was already worn out, had maintenance problems, and could not be fully staffed.

 

As a practical matter, yes, places with criminal justice systems in counties where I go try cases and work, they work and it works better. I believe that is much better than a stand-alone jail as to a local issue that comes into place. Just practically speaking, we had that opportunity in the past. It was not taken. It was not taken because of decisions a circuit judge made that were set there as part of the judiciary. Simple facts.

 

HARDMAN I think a justice center is probably a good idea. Over the past four and a half years, I have been in the Howell County Jail about twice a year at least, in the back when we take our grand jury back there. The jail cannot get any bigger.

 

It cannot tolerate more infrastructure in the form of additional electrical wiring or plumbing. There are plumbing issues. There are air-conditioning issues. There are space issues. One of the safety or security concerns we have with this separate jail from the courthouse is prisoner transport. Not too long ago, we had an individual, with the assistance of his girlfriend, jump in her van parked outside the courthouse door before getting in the prison transport van. A deputy jumped in the van to try to retrieve him, was dragged and was run over, and was injured as a result. We would not have that issue if we had a justice center. It would be more secure, simpler, and less taxing on the deputies. We need the space. People express frustration about locking people up. Do you want to pay for it, first of all out of the county budget? Secondly, we only have 70 beds in the Howell County Jail. It is just unworkable. It is aged, and it needs to be updated.

 

SIMPSON I agree that the jail we have is inadequate and it needs to be replaced. I think probably the proper answer is a justice center. Logistically, there are many reasons why the justice center is better than a stand-alone jail, prisoner transport being a huge part of that. If we have to have a new jail, I think we should certainly look at the justice center. I really do think that is a better idea for the county. Parking alone—just downtown parking alone—would be an issue for that.

 

BURTON Well, I practice all over this state, and I have gone to a lot of justice centers, and the process is better. There are more places to meet with clients. There are more amenities. There are more courtrooms, usually, and there are better courtrooms. Like Howell County Courtroom, we have essentially four courtrooms, and one of them is so small. They had us in there like sardines Monday. A justice center would be great. It would be a welcome thing for the Sheriff’s Office, I am sure, because I have been to that jail many, many times, and it is not in that great of shape. I am sure they could use more room. So I would be in favor of a justice center. How you pay for it, I do not know. I have not gotten into the budget and what that would cost or anything, but I think it would be a great idea. Thank you.

 

MENDEZ Before we proceed to the next question, I have an announcement passed to me by the Howell County officials in the room, which reads: Howell County officials, including the sheriff, have not endorsed any candidates, nor will we. Okay, moving on to our next question. Mr. Hardman will have the first answer. Would you support, among your peers on the bench, a change to security-level rules that completely remove cases from CaseNet preceding trials? Two minutes, sir.

 

HARDMAN I think that rule already exists, and there is this struggle between transparency and preserving a defendant’s rights at a jury trial. As a prosecutor, it has been my experience that cases set for jury trial, about 30 to 45 days out, are in a secure status where only the attorneys on the case can access them. The reason for that is that we do not want prospective jurors, who are now available in large part online with some redactions, to learn anything about what is going on. Doing so preserves jurors from learning anything outside the proper evidence. Now, there are other types of cases where the rules in place do have those cases secured. They include paternity actions, juvenile cases, and other things where minor children are identified. So in striking that balance between transparency and open information for the public, while also preserving the privacy interests of our most vulnerable children and the rights of defendants to have a trial where the general public does not know anything about it and they only hear about the case through the context and confines of proper evidence, I think those rules already exist. I think they are probably appropriate, and I think to the extent journalists or other interested people want access to those cases, there are probably ways where that balance can be struck in individual cases.

 

BURTON The right to privacy and the integrity of a trial are important. We do not want potential jurors reading probable cause statements on a trial they may be sitting in on because there may be evidence in that probable cause statement that does not come in. Now they are biased before they even get to the jury. So it is important that the integrity of the trial is protected. There is also the transparency issue. You have to make sure your court systems are doing what they are supposed to be doing. So I am sure there is probably a way to balance the two without destroying the integrity of the trial process, because I think that is paramount. I think that is paramount for all of us, because we need to protect ourselves in that situation.

 

SIMPSON I think that transparency is extremely important. I think that the court system should be open, and everybody should be able to see what is going on. When there are special victims, of course—children, paternity actions, or things like that—the privacy interests of children and certain victims are very important. I think you just have to strike a balance. As we have heard, that system is already there somewhat, but I think transparency is very important. I do not think we should have it where nobody can go in and see what is going on, but there should be some restrictions for special victims or to keep, as they say, jurors from seeing too much.

 

BEARD Actually, you interjected a statement in between before these questions came up, and I want to address that briefly because it was clearly directed at me. In looking into this, one of the things that was in place was that I advised some officials not to endorse me because of the violation of the federal act as an officeholder, but not as an individual. When I made my statement, I omitted the word “individual,” and it is ironic, kind of funny, since I am the one who actually gave that advice springing from a prior sheriff’s endorsement. Having said that, to answer the question, the balance between transparency and privacy is very important. But the number one thing is that individuals who take part—we have to preserve the integrity of a jury. It is hard enough to get a jury pulled together here in our rural counties. It is hard enough, with press coverage, to get it, but there has to be that balance.

 

MENDEZ Okay, moving on. Mr. Simpson, you will have the first answer to our next question: A candidate has suggested a work release program to relieve the burden on the county jail. Do you support this or a similar idea? Why or why not?

 

SIMPSON I would absolutely support that for nonviolent crimes. I think that is an excellent way to reduce the pressure on the jail and on the system. Of course, there have to be some guardrails on that.

If it is a person’s 30th criminal offense, perhaps that is not the proper way. But I think work release is an excellent way to balance the needs of society in punishing criminals and in helping the system work effectively and efficiently. So, yes, I would certainly support that.

 

BEARD Listen, I am the candidate who raised that issue and presented that forth, and that was something that was working in conjunction with law enforcement. I am happy to comment as to that one. Yes, the purpose of that is because we do have jail issues with overcrowding. This allows the opportunity for people to provide service and activities in the community. People do need to be punished, but work is good for the soul. Work is good for the soul. Work is good for the soul, and it is used to people. So we would go out on MoDOT, and they would have a trailer and a portable toilet, and they would pick up trash on the highways. MoDOT abandoned that program. We can take care of cemeteries, and we can take care of parks with nonviolent offenders. We can put people to work. They do not have to be sitting in the jail. By doing that as a work release program and working in jail, we save tax dollars, invigorate people, and provide a great community service. Thank you. And whoever proposed that question, thank you for seeing that brought up again.

 

BURTON I do not know anything about work release programs. I do not think I can speak intelligently on it. If I got to see the specifics of it and it made sense, I would probably be for it. But I do not know enough about it to speak intelligently.

 

HARDMAN So, for a work release program, I would strongly suggest people defer to the sheriff on whether that is workable. There is a possibility that you lift a financial burden on the sheriff’s department but create a new burden in its place, because those people have to be supervised or there has to be a program. There may be a need for more deputies to be involved in running it. The general public, the state, and other political subdivisions might worry about liability. If somebody is mowing a lawn on work release and gets injured, who is liable? If someone is picking up trash on the side of the road and a car runs off the road and hits them, who is liable? I guarantee you some attorney somewhere ruined it for all of us by suing somebody. That is just life. So I think maybe a work release program could be good, but we need to analyze whether the burden is going to pay for itself and be a net positive, or whether we are just getting rid of one burden and replacing it with a new one. The sheriff would know better.

 

MENDEZ Thank you. Re-rebuttal?

 

BEARD Well, as someone who has done the work and studied for that, and with voluntary participation and things coming in there, all those issues are addressed. Thank you.

 

MENDEZ Thank you. All righty. Mr. Burton, you have the first answer to the next question. It has sort of a long lead-up. I will repeat it as many times as you need. Criminals with drug addiction need to have the support, follow-up, and follow-through to ensure sobriety and a future for at least themselves, if not to reunite families, make stronger families, break generational cycles, and ultimately build up a stronger, healthier community for our children and the future of our community’s growth and prosperity. This will not happen if addicts are not pushed and held accountable to ensure success, not to check boxes or to get kids back and out of jail just to repeat the cycle until they are caught again. What is your view on actually following through with addicts, giving court-ordered drug rehab programs, drug tests, classes, counseling, management of prescriptions, and AA or NA classes? This is long-term and needs to be watched for success. We need real results and real statistics of success, or this will continue for generations. How do you plan to break the cycle?

 

BURTON I think I mentioned it earlier. I would like to see treatment court expanded. I have seen it. I was there at its inception in the 37th Circuit. I was the defense attorney on the treatment court team that started in Howell County, Carter County, Oregon County, and Shannon County. I was one of the defense attorneys who helped start that program. So I have seen the benefits of that program. I have seen how it has turned people’s lives around.

 

If someone has a drug problem and you simply throw them in jail, as it was stated earlier, DOC is going to let them out, and they are just going to be right back doing the same thing. So if you could expand treatment court, I think you could help more people, and it will stop the recidivism of those addicts who cannot kick the habit. In treatment court, I have seen it work many times. It does not always work. No program is 100 percent. It just cannot work that way. But I have seen it work. I have seen it change people’s lives, and I think it is a good program.

 

SIMPSON I would agree with that. Treatment court is a good place. I think, or the last I was aware, roughly 15 percent of people can break an addiction. That is not very good odds when you are addicted. I think that the criminal activity is a symptom of the drug use. We have to come face-to-face with that as a society. How do we help those people? That is an age-old, very difficult question. I think we have many mechanisms in our society, from behavioral health centers and the treatment court to a variety of areas, that we would need to get together, have a blue-ribbon commission or whatever you want to call it, and really look at that. How can we help these people be part of that 15 percent and break their addiction? They will be better, we will be better, and our society will be better if we can help them with their drug problem.

 

BEARD The earlier the interdiction for drug addicts, the better off it is. It does not matter what their age is when they start changing that, whether that was the death of a loved one or a long battle with cancer that led to substance-abuse issues. There is something that triggers that. Why they are involved in facing any of this in drug court or treatment court arises from the fact that there was a criminal interaction. At those early stages, breaking that addictive behavior is essential. However, there is a very low rate of success. The strongest rates of success are those that are spiritual-based programs.

 

There should not be a law that prevents that interaction with spiritual-based programs, because there is something fundamental that the drug is filling. It is filling something that people are not getting otherwise in life. By addressing it, if an open mind is from that direction, it can be utilized, but the cost savings are well worth it, not just the human-life savings.

 

HARDMAN Addiction is a tough nut to crack, and sometimes it feels like you are asking the court system to paint a painting with a hammer. You just do not have the right tool. There are not enough tools. It has been my experience that addiction, as it interacts with the legal system, is highly individualistic. I have seen prison work, and I have seen it not work.

 

I have seen probation work, and I have seen it not work. I have seen ministry programs and drug court work, and I have seen them not work. It is highly individualistic. So some of the things that have happened recently: we do have a treatment court program, and the Public Defender’s Office, which deals with the majority of these cases, has an in-house social worker. The best successes I have seen as a defense attorney and prosecutor are when we treat people like individuals and figure out what they need. Is it housing support? Is it mental health support? Is it medicinal addiction help? Is it counseling addition help? It is different for everyone, and it is hard. It is just hard. So we do the best we can to learn about them and figure out the solution that will work for that person.

 

MENDEZ Mr. Beard, you have the first answer to the next question, which is: Are the Flock cameras a violation of our Fourth Amendment rights?

 

BEARD And for this reason, it is public view. If the public can see it, you can see it. In all the things of our amendment rights that are in place, regardless of how you address it, it is public view. Now, if it is crawling over a fence and opening up a garage so you can get it, that is a different thing. That is clearly a violation. But generally speaking, it is out there. Now, do I like it? No. No more than I like those traffic cameras where they send you a citation because they saw your license plate speeding. You know, you get caught. But as a practical matter, is it a violation of rights? No, absolutely not.

 

HARDMAN If I am elected as a judge, there is a distinct possibility a person may file a motion to suppress based on the legality of a Flock camera that led to a search and seizure. Because I might be asked to decide that legal issue, I do not think ethically I can comment on my views on that.

 

BURTON Well, as a judge, I would support the Constitution. I believe it is a very important document. I think it protects every single one of us because, in my opinion, whatever form of government you are seeing—whether it is a constitutional republic, as we have, or a dictatorship, totalitarianism, or monarchy—the ultimate goal of that form of government is the subjugation of its people. Our founders knew that, so that is why they wrote the Constitution: to protect each and every one of us from that subjugation. I would protect the Constitution in every situation involving those. I have never seen a Flock camera, but I would protect the Constitution in that situation.

 

SIMPSON It is my understanding of Flock cameras that they do not just see you in public, but they are capable of tracking your movements, recording the vehicle you are in, and recording your license plate. Our Supreme Court just came down a month ago saying that all of that is unconstitutional. Flock cameras, from that perspective, from recording our movements, recording where we are and when we are there, from point to point to point, is clearly unconstitutional.

 

MENDEZ Thank you. Mr. Hardman, you have the next answer to the next question, which is: What can you do from the bench to protect and support police who have been assaulted during the course of their duties, and how high of a priority is that for you?

 

HARDMAN Follow the law. It is that simple. Police officers under Missouri law are treated as special victims. So in an assault case, for example, a person who assaults a police officer can be charged with assault on a special victim as a police officer, and that allows the classification of the felony to be moved up one level. Now, that is a charging decision made by the prosecutor. That is what the law says with regard to law enforcement officers, so I would follow the law.

 

I could not comment on what I would do in any given case without hearing the facts, but the law provides for special treatment of law enforcement officers who are victims, and the prosecutor decides whether or not to charge it that way. Then a judge, if they are found guilty, hears all the facts and decides appropriately in that case.

 

BURTON Similar to Mr. Hardman’s answer, I would follow the law. I think law enforcement officers are considered special victims for sentencing enhancement purposes because, if a person will attack a police officer, they are way more likely to attack a citizen. So I think that is why those sentencing guidelines are in place. If you are going to attack someone who is armed and trained, you will attack regular citizens much quicker. So I think that is why the sentencing guidelines are the way they are, and I would just follow the law. Every case is different. I have never seen two that are exactly the same, so every case is different, but you just follow the law as a judge. There is nothing else you can do.

 

SIMPSON Well, I would echo what has already been said. They are special victims. The law is there for a reason. As was said, if you will attack a police officer, you are probably far more likely to attack a regular person. So from the bench, yes, somebody who attacks a police officer has to be dealt with as harshly as the law will allow them to be dealt with.

 

BEARD If the prosecutor has decided that the assault and the law enforcement officer designation are appropriate, it is my belief that it is a direct attack on society and that there is an extreme danger to the public. I will absolutely hit that individual with the maximum as a Howell County judge. Whatever the maximum sentence is, I will do it, and let DOC figure out and address the ramifications from that. I want our officers to be safe. I want there to be a wall around Howell County because not doing that encourages fights and assaults upon law enforcement officers. That makes our society unsafe. That is unacceptable in the extreme. As a judge, I would not be making that decision except after a guilty finding and after the prosecutor’s charging decision. That is one in a chain of events. Thank you.

 

MENDEZ Okay, Mr.  Simpson, you have the first answer to the next question. Do you think Missouri’s automatic change-of-judge rule is a good one? Explain. I think that, yes, if you have to be comfortable going into the court system, and if you believe you are not going to be comfortable with the judge you are given, I think having an opportunity to substitute that judge out is important.

 

BEARD I am assuming the question is referring to a rule of civil procedure that a person gets to say, “I do not like that judge,” and they are just an automatic out. If that is the case, yes. For people to feel that they have fundamental fairness and that they have an opportunity—absolutely. To get that for the one time that is there without cause. Absolutely. I feel that is appropriate because otherwise people feel they have no control. They feel it is imposed upon them, and that simply is wrong. Not in our free society. That is wrong, so I am in favor of that. Absolutely. Thank you.

 

HARDMAN I think that is probably a good rule. I am licensed to practice in New York, and I did practice there for about four years, and they do not do that there. When you file a case in family court, there is only one judge, and you get that judge, good, bad, or otherwise. As attorneys, you know the law and case law, and you know the gray areas, but when you come to know the judge, you come to know what they are likely to do. So, as a strategic move, people request changes of judge for any number of reasons. Other than evading a judge when you already know what they think about something and you do not want that judge on your case, what it does is strengthen the belief in our system that I get a fair shot if I have a little bit of choice in who my judge is. If I have a strong reason to believe that judge may not be the most fair for me, I get a second chance in front of a different judge. I think that strengthens people’s belief. So, all in all, I think it is probably a good rule.

 

BURTON Yeah, I believe it is a good rule. I use it routinely. It is important to instill confidence in the public that they get to have a say in how their case is handled and who it is handled in front of. That bolsters the faith that they are going to get a fair shot because, as Mr. Hardman says, if you practice in this area enough, you practice in front of the same judges all the time. You know how they are going to rule before they rule. I mean, I have been in front of these judges so many times in 10 years, I know what they are going to say before they say it. So it is a good tool if, for whatever position you are trying to argue for that case that day, the judge does not like that position and you may want a different judge. Then you can help your client. So I think it is a very good rule.

 

MENDEZ Thank you. Mr. Burton, you have the first answer to this next question. What specific standards will you use to decide when probation has failed and jail time is the appropriate consequence? Can you give examples of situations where you believe you should deny additional probation and impose jail time instead? Two minutes.

 

BURTON No, I do not think ethically I can stand up here and say that because every case is different. There are different mitigating and aggravating factors in every case. I have never seen two cases that were exactly the same. So depending on how many aggravating circumstances there were in this probation violation versus this one, there is no way for me to tell the voters what I would do without hearing the specifics of that case. I do not think ethically I could tell you because I cannot come up here and say, “Well, this is their sixth one,” or their third one, or whatever number of times they have had. It is an individual case, and each one is a little different. So I would have to be in the case and know all the mitigating and aggravating circumstances, whether or not they violated their probation. I have to know.

 

SIMPSON  Yeah, I agree with the statement. That is a case-by-case, very individual type of thing. I do not know that I could give specifics. I think if someone is violating the rules of their probation, that is a problem, but I think that you have to look at why that happened and what happened on a case-by-case basis.

 

HARDMAN So in a probation violation hearing, there are two things you are really looking at. One is, did they violate the terms of their probation? Number two, what should we do about that? The standard you apply is preponderance of the evidence. So first, you hear the evidence and decide: did they, in fact, violate the terms of their probation? If you find that they have, then you talk about what you are going to do. I do not think ethically I can say, “In this situation, I would do this result,” because then I prejudge the case. What I would do is hear about all the factors relevant in that case to try to make a good decision. As a prosecutor, I was very focused on problem-solving: what is going to work in this situation to address whatever the problem is? Being creative. I think you just have to hear the facts and decide what best serves justice in that instance.

 

BEARD From my answers tonight and how I normally speak, I have been the most aggressive candidate in answering questions. The question presented was specific factors, and I cannot answer that question. I can tell you this: when there has been a true probation violation, I believe it has occurred, and I feel that the defendant is acting abusively within the probation system, that is the game changer. There are lots of reasons probation violations occur, and they are not abusive. The general public may have a hard time understanding that, but people go through hard times. People make bad decisions. So my best answer is a general answer: when the defendant appears to be abusing the system. Thank you.

 

MENDEZ We are going to stick with you for this next question, which is: do you think it is true that our criminal justice system in Howell County is perceived as corrupt? If so, what can be done to improve trust among regular people? You have two minutes, sir.

 

BEARD I do not believe that is true at all. I think we have a great system here, and it is not just because I am in an interaction part of it. I think if people think it is corrupt, it is because they have not lived in other places in the country. They have not experienced other things. We have an excellent prosecutorial team in place, and, as he said, the opposition candidate was part of the office there. They do a great job. Generally, in Howell County, you can predict what the prosecutor is going to do because of consistency and fairness, and Burton is even nodding his head.

 

It makes it so easy for things to do. You can predict what our judges are going to do. There is not some magic curtain behind the scenes. Once you are familiar with the system, it is there. Generally, this strong Missouri common sense, Midwestern values, and individual independent ethos reign supreme here. My opening statement was that this is God’s country. I choose to live here, and the criminal justice system is part of it. There is no abuse. There is no fraud. I have seen people be sentenced to prison and thank the prosecutor. I have seen people be sentenced to prison and thank the judge. Why do they do that? Because they had a fair shot and an opportunity, and they know that. I am proud of Howell County. Thank you.

 

HARDMAN I do not think Howell County has a corrupt system. I think, by and large, law enforcement officers are acting in good faith in investigating cases. They are wearing body cameras. There is very little room for dispute on many issues. We have defense attorneys like Larry Burton and Lyndell at times, who would be a check on any prosecutorial or law-enforcement views, standing up for defendants’ rights. As mentioned by the other candidates, I was part of the Howell County Prosecuting Attorney’s Office for about four years. There is a consistent culture, and it is not just a culture based on what we all believe. It is a culture based on what we know is going to happen if we go down a certain road. That is why I can say things to you like, “Hey, you send a guy to prison for four years on a drug case, and he is going to do four to six months,” because we see it happen over and over again. Having this shared collective agreement about what is likely to happen with a judge and what is likely to happen if we go to prison allows us all, on both sides, to work together pretty efficiently to handle the massive workload of cases. Thank you. Mr. Simpson. No, I do not think our system is corrupt. I think we have excellent law enforcement. I think our prosecutor’s office is excellent. I think the judges are excellent and do their best. I think, to help people with that perception, body cameras certainly help on the law-enforcement side. Transparency in the system, as much as we can have transparency in the system, helps with that. But, you know, I think that some of the comments are true: some people see the end result, that somebody went to prison and was out in a few months, and there is a lot more to that with DOC than our local law enforcement system. So no, I do not think it is corrupt, and I think education and transparency would help a lot with that.

 

BURTON No, I can tell you for a fact Howell County’s system is not corrupt. I have worked thousands of criminal cases in 10 years. I mean thousands, and I have not had one prosecutor, whether it is Howell County or Shannon County or Oregon County, lie to me or try to keep evidence from me. They are always upfront.

 

]They are always honest. I have never seen any corruption in any way. Even Mr. Hardman, when he was a prosecutor, worked on lots of cases with me. He was always straight with me. He was always upfront with me. I never had to worry about getting discovery. There is no corruption in the Howell County criminal justice system. I can guarantee you that because, if there was, you would hear me screaming from the rooftop about it. Like I said, I have seen thousands of cases come through the court system, and I have not seen one iota of impropriety from any prosecutor’s office in the 37th Circuit.

 

OTHER CANDIDATES Amen, amen. Thank you

 

MENDEZ All right, this is our final question of the evening, and everyone is going to get one minute to answer it. Briefly, why you and not the guy standing next to you?

 

HARDMAN So it goes back to what I said at the beginning. You have four guys up here who have experience. They have years of experience. They have different experience. They have good experience. Which one matches closely to this job? I talked a lot about my prosecutorial work, but I did civil appeals, briefing and argument. I did divorce cases, paternity actions, motions to modify, all sorts of real estate litigation, probate estates, petitions to determine heirship, adoption cases, habeas corpus cases, child abuse and neglect cases, and condominium law. I sued the railroad company for not keeping fences up when a farmer’s cows were being killed. I have done business entities. I have done Missouri Merchandising Practices Act cases, both as a plaintiff and defendant attorney. I have done guardianships for adults and children.

 

I have a wide variety of experience, and I think that is a good fit for a judge who might get anything, but especially will get criminal cases. Thank you.

 

BURTON Well, as I have said, I have probably said it a dozen times if I have said it once: everything an associate judge sees and hears, I have been doing every day for 10 years. I have had the perfect training to be an associate judge. I have not quit practicing any of it either. I have continuously done it for 10 years. For the entirety of my practice, I have practiced in the areas that associate judges see every day. It is all I have ever done in the legal field. I have tried cases to associate judges. I have tried cases to juries. I have done everything an associate judge will do.

 

I have done mental health cases, probate cases, civil cases, family law cases, and criminal cases. All the things an associate judge sees, I do every day, and I have for 10 years. That is why, when the question was asked earlier how many hours I had in court, I said I have had about 100 to 120 this month, because that is about what an associate judge would have.

 

SIMPSON As I said in the beginning, there are different skill sets for being a good trial attorney and being a good judge. I think we have all shown that we have done trials, we have been in the court system, and we have done all of that. I think the skills that I have that would make me an exceptional judge include the ability to look at both sides of the issue, to listen to everybody without making value judgments, and to be able to apply the law to that.

 

I am not going to go into the system automatically thinking that, because this guy is such and such, he is already behind the eight ball. I really think that being able to go into the courtroom and to walk into the courtroom as the judge, with an open mind, to hear both sides, hear everybody’s arguments, and then apply the law to it is very important. I believe that is a skill I have. Thank you.

 

BEARD I am better, and here is why: I have been poor. I have been powerless. I have been stepped on by government alphabet agencies. They tried to run me out of this town many years ago, but I also had great legal education. I had a great apprenticeship, essentially, when the last judge was there doing that training in the firm. I have been mentored. I have been guided. I am grateful. What some people may see as error is just confidence from fighting: fighting with the system, fighting outside of a system, fighting. Some of the answers up here are, “I will be fair” and “I am unbiased,” but that is what we expect. Judges get to a point of being a special breed. We preserve democracy. We preserve our republic. We build faith in our society, and if we do not do it, no one else will. I am Lyndall Beard, and I appreciate your vote on August 4. Thank you.

 

MENDEZ Thank you, and with that, candidates, we are going to move into your closing statements. We are going to do that in reverse order from your opening statements, which means, Mr. Burton, you are up first, and you have two minutes, sir.

 

BURTON Well, as I said before, and I have said it a dozen times, the law I practice is the same stuff an associate judge hears every day. I have been doing it for 10 years. If you speak to anyone in the legal community in the 37th Circuit, they will tell you I am honest. I have integrity. I do not lie to people. I do not lie to judges. I do not lie to clients. I am honest to my detriment sometimes. I am passionate about the law. I believe the law itself is benevolent. I think people mess up the law, but I think the law itself is benevolent. I have a firm belief in that law, and I will follow it every day.

 

If I am elected, there will not be a day that I do not follow the law. I do not have any personal grudges against anyone. I do not have any vendettas with anyone. I will simply follow the law and advocate for the law, truth, and justice. That is what I want to do. So if I am elected, that is what you will get from me.

 

HARDMAN I am not going to repeat all the things that I have said tonight. I anticipated one of the questions I might get is, “What do you think is the most important characteristic of a judge?” So I think I want to talk about that, because this is what I hope to be if I am elected. I think the most important characteristic of a judge is compassion.

 

I know that sounds like a very strange thing coming from a Marine combat veteran and coming from a prosecutor. Compassion? What is that all about? Let me explain what I mean. I think if you are compassionate, if you care about people, you are going to be fair to them. You are going to treat them with respect and dignity when they are before you in court. You are going to understand the hardship of the overworked public defender and the overworked prosecutors. You are going to understand how hard it is to be an attorney representing people in a divorce action that is bitter. You are going to have compassion toward the defendant, the person who, maybe in the hardest point of their life, made a tragic mistake but maybe has not passed redemption. Maybe this person could be rehabilitated.

 

At the same time, you are going to have compassion for the victim of the crime. Maybe restitution can make them whole, but maybe there is no perfect justice, and you are keenly aware that you cannot know everything. You cannot get it right every time. You cannot give perfect justice as a human and in our court system. But if you care about the people of your county, you care about setting the tone of justice. You care about how it affects people because decisions as a judge are not just money moving hands. They are not just words on a paper. These are people. Their lives are altered, sometimes permanently and sometimes for a time, and that matters. When you hear trials, you get the decisions written in a timely manner because people have litigated for years waiting for this.

 

You do the hard work. You make the hard decisions because you care about the people who come before you. I am Heath Hardman. I appreciate your vote on August 4. Thanks. T

 

BEARD I started out this by saying a good friend of mine calls me an odd duck, and it is true. It is how you think. It is how you analyze. The reference of what makes an effective judicial system has already been mentioned on this stage by us attorneys. You know the judge. You know the judge’s consistency. You know what the judges are going to do and what the prosecutor is going to do. One of the hallmarks of great judges is their predictability. That provides predictability to the system. As a practical matter, our individual rights spring forth.

 

From a religious perspective, Western society rose. The rest of the world did not. Western society built a community of freedom. We continue that, but people forget the past. When you take a broader perspective and you look, a judge spends the time doing the job. Okay, they teach you in law school; you get a civics lesson. Everything that I just said is a history lesson. It is kind of a science. Each profession, each vocation, has a science. I am different. I am not a duck; I am an artist. You look at the people. You look at the situation. It is called discernment. It is called wisdom. It is called applying hard common-sense values in what makes an overall better society, but you do it through an aspect of individualism. On a very serious note, it may strike some people wrong. I am a very serious guy. But on a closing note, I am Lyndall Beard, the only candidate without a beard, ironically. I appreciate your vote.

 

SIMPSON I think that we are all very privileged to live in this country. We just celebrated the 250th birthday of our country. I think that we have a system in our country where, generally, people can go into the court system, whether it be criminal or civil, and feel reasonably confident that their voice is heard and that the system is going to treat them fairly. Now, there are always people who feel differently than that, but I think, by and large, we are very privileged to have that type of system here. As I said at the beginning, I went to law school when I was 35.

 

My life before that had been in corporate America. I managed hundreds of people and millions of dollars of assets, and that gave me a unique perspective. My first job was for the Winnebago County State’s Attorney’s Office, and I practiced in that world for years. I have practiced here for years doing things, and I am doing mainly estate work now. I am in the court system doing probate and guardianships. I think it is important to note that we are all running for Division III, and Division III does the probate and guardianships. That is what that judge does, along with a lot of the criminal matters, at least the front end of the criminal matters: arraignments, pleas, and preliminary hearings. I think my background in that helps me understand people and helps me have a perspective on people to better understand their situations.

 

And that is what is needed to really mete out justice. Again, whether it is a civil issue or a criminal issue, we have to be able to understand what is going on in front of us and the people in front of us. I am Marty Simpson. Thank you very much.

 

MENDEZ: Candidates, thank you so much for your willingness to serve. Thank you for your participation in the debate. Folks, can we give them a hand, please?

 

Before we dismiss for the night, I just want to say a special word to all of the parents who brought children here tonight. They were nothing but a delight. Thank you so much for bringing them here. They were not a disruption at all. Thank you for helping them participate in our civic life. It was wonderful. Thank you to all of you for being here. Drive safely. Have a good night. God bless America.