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Attorney adjusts to new job as associate judge
by Marshall White
Friday, November 13, 2009

MAYSVILLE, Mo. — For more than a decade, this attorney prosecuted criminal cases for several area communities and worked as DeKalb County’s attorney. Now, Bart Spear is getting used to a new role as DeKalb County’s associate circuit judge.

The position is one the former prosecutor says he aspired to for a number of years. But it’s a change.

“I have to keep reminding myself that I’m now an umpire, not a player,” said Mr. Spear.

Gov. Jay Nixon appointed Mr. Spear to the job vacated by Brent Elliot in late September. Mr. Elliot assumed a circuit judge vacancy in the 43rd Judicial District after the retirement of Stephen Griffin.

Starting back in 1987, Mr. Spear had been the prosecutor for Cameron and Plattsburg. He was appointed to fill an unexpired term in 1994, but didn’t get elected as DeKalb County prosecutor until 1999.

During the decade that Mr. Spear held the county prosecutor positions — which in third-class counties is a part-time position — the caseload has been increasing.

“It seemed like there was an ever-increasing amount of crime,” Mr. Spear said.

He attributed the increase to four factors: Missouri’s methamphetamine problem, the increased awareness and prosecution of driving under the influence cases, an increasing population in the southern parts of DeKalb County and an increasing number of law enforcement officers. And the two state prisons in Cameron always have generated a certain amount of business, Mr. Spear said.

Despite the increase in crime and other types of cases, the new judge isn’t exactly overworked after two months on the job.

“I’m ethically bound by the Commission on Retirement, Removal and Discipline to step aside from all cases that I filed as prosecutor,” Mr. Spear said.

However, he has some additional duties that include accepting cases from other counties. On Monday, the judge will begin a jury trial moved from Livingston County that involves alleged child abuse. The trial is scheduled to last all week.

Another judicial vacancy will occur next year, but the new judge won’t be seeking to fill that. Circuit Judge Warren McElwain will retire in February in the 43rd District, which includes Caldwell, Clinton, Daviess, DeKalb and Livingston counties.

Marshall White can be reached

at marshall@npgco.com.

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