Incumbent and Republican Judge Josh Devine faces off against Democrat challenger Andy Hirth in the race for Circuit Judge in the 13th Judicial Circuit of Missouri, Division 4. Neither candidate was opposed in the August primary. The Division 4 judge presides over Boone and Callaway County circuit level criminal and civil cases, in addition to any other case types assigned to the division by the presiding judge. Whoever wins the Nov. 3 general election will serve a six-year term.
Responses have been edited for length and clarity.
Andy Hirth
Originally from rural St. Louis County, Democrat candidate Andy Hirth attended University of Missouri and earned bachelor's degrees in English and psychology, a master's in English and a juris doctor from the law school. He received the Judge Shepard Barclay Prize, awarded to the graduating law student "who has attained the highest standing in scholarship and moral leadership." Hirth clerked for U.S. District Judge Nanette K. Laughrey for two years before entering private practice. In 2010, Hirth began working under Missouri's Attorney General Chris Koster, being promoted to Deputy General Counsel and acting as Koster's speech writer. In 2017, he formed TGH Litigation, an employment discrimination and civil rights law firm in Columbia. Hirth's work focuses on state and federal constitutional law. Andy lives in southern Boone County with his wife, Kerry Mulvania Hirth.
Why have you decided to run for judge?
It's something I've wanted to do for a while. In the last few years, I've been a little concerned about the erosion of the rule of law. It's something I feel pretty passionately about and I want to step into that role of judge to ensure everyone has a level playing field and the Constitution is upheld. I want to make sure everyone has equal access to justice.
What's your biggest goal for your time in office?
Probably to ensure the people who come before me feel like they've been heard and that they've got a fair shake from the court, and understand why court has ruled way it does. People come in contact with justice system and feel like it's arbitrary or they didn't get a full opportunity to make their case. It's important to me they leave the courtroom feeling they have been heard.
What do you see as the greatest challenge currently facing the 13th Circuit?
In the midst of this pandemic, the justice system has been slowed down pretty dramatically. We've gone a long time without having jury trials, and though they've no resumed, there's a backlog. Criminal cases have priority and that means civil cases will be delayed even longer.
In addition to that, on the criminal side, we really have a shortage of public defenders. People who don't have funds to get their own attorney sometimes have to wait several months to talk to a lawyer. I think that's even worse now because of the pandemic.
What's your strongest qualification for this position - something that makes you a better choice than your opponent?
Josh and I are old friends - it's a fun race between friends. The people of Callaway and Boone are going to be fine no matter who they pick. I do think I have perhaps more trial experience. I've tried jury cases, I've tried bench cases, I've argued appeals. I think it's important to have judges who have trial experience. Judges have to make decisions quickly on the fly. If you're not fully conversant on rules of evidence and procedure, and if you have to stop and look things up, it really slows things down.
I think the primary role of the court is to safeguard the constitution, to make sure the government stays in its own lane and doesn't exceed its own authority. So, it's important for judges to have working knowledge of the Constitution. I've practiced almost exclusively Constitutional law. I've defended and challenged state statutes, and I've defended and challenged legislators. I've also taught constitutional law at Mizzou. I think I have a great familiarity with the Constitution, the structural limits it imposes on our government and the rights it guarantees our citizens.
What values will guide you as a judge?
I think the most important thing our justice system provides - really two things - are the guarantees in the 14th Amendment: due process and equal protection of the law. There's nothing more important. Judges aren't here to take sides; judges make rulings that ensure same process is followed and everyone has the same access to counsel, to discovery, to the court system. Whichever side prevails, that's the way the judge rules. The important thing for a judge is to understand their role is to guard procedure. It's a different role than being an advocate. As a judge you don't have vested interest in the outcome, you just want to ensure that peoples' rights are protected.
During the pandemic, courtrooms' operations changed dramatically. Are there any changes you'd like to keep after the pandemic passes?
I think one thing that has been a positive out of this is we've been able to do a lot of law days which are days when lawyers present legal issues for court to decide. Those aren't hearings, they're a chance for lawyers to come before court and resolve legal issues having to do with discovery, motions to dismiss that kind of thing. Usually this happens in person. When the courts closed to the public, those kinds of hearings or motion calls all became virtual. I found that to be much more efficient than a traditional motion call. A lot of lawyers are in, say, Kansas City and will have a two-hour drive for a court appearance that lasts 15 minutes. Having the ability to do those motion arguments over the internet is a really good thing and something I'd encourage courts to continue to do even when it's no longer necessitated by the pandemic.
Any final thoughts?
The law is my second career. I was a teacher before I went into law school - I came to it later in life after I'd had some real-world experience and worked as a teacher, teaching writing and literature. When went to law school (not dissimilar to studying literature). You read what amounts to short stories, and you pull out principles from them. Trial lawyers are storytellers. The point I want to make is, both as a teacher before and then when I got opportunity to teach constitutional law at Mizzou a few years ago, I thrive in an environment when I can explain things to people, listen to their questions and try to explain what's happening. My teaching experience will be a helpful thing to the people in my courtroom.