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Hicks cites state, defense experience
Assistant prosecutor learned craft as a defender.

By SARA AGNEW of the Tribune’s staff
Published Saturday, July 29, 2006


In the courtroom, Richard Hicks believes there’s a clear line between right and wrong.

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The 39-year-old assistant Boone County prosecutor has deferred to the law for his line of demarcation over the years, whether serving as a prosecutor or defense attorney. He has had ample opportunity to put his ethics to the test in almost 50 jury trials, many of them felony cases involving crimes against children.
"I’m not into situational ethics," Hicks said. "The law demands absolutes. I think there is a right way and a wrong way, and that enables me to be firm."

For Hicks, having a passion for the absolute is the essence of being a judge. When he learned a new seat on the Boone County associate circuit bench was being created, Hicks followed his heart and threw his hat in the ring.

Hicks is vying in the Aug. 8 primary with fellow Republican Dale Roberts, 53, a Columbia attorney. In November, the winner will face the victor of the Democratic primary race between Cavanaugh Noce, 33, a Columbia attorney, Deborah Daniels, 55, a former Boone county assistant prosecutor, and 33-year-old Columbia attorney C.J. Dykhouse.

Hicks’ moral compass was calibrated early by parents who raised their five children with a strong commitment to the Baptist faith. Hicks’ father pastored several churches in the Kansas City area before settling in Blue Springs when Hicks was in seventh grade. His father still is a pastor, and his mother teaches high school English in the Blue Springs area.

As boy, Hicks was shy and an above-average student. He lost his inhibitions in sports, exposing a competitive spirit at baseball, basketball and football through high school.
Years later, Hicks would bring that same spirit to the courtroom, where he is well known for professionalism and a sense of fair play. Hicks has made a name for himself in Boone County since 2002, prosecuting cases involving crimes against children, such as sexual and physical abuse.

"Richard is an extremely hard worker," Boone County Prosecuting Attorney Kevin Crane said. "He puts in the long hours required of his difficult caseload, which is often dealing with offenses against children, which are potentially very emotionally draining. But Richard handles it very professionally and uses excellent judgment in all the cases he works."

A graduate of Liberty University in Virginia with a bachelor’s degree in English, Hicks graduated from the Thomas M. Cooley Law School in Lansing, Mich., in the top 10 percent of his class. After law school, he wasn’t sure where to turn for a job.

"I knew I wanted to use my law degree for public service," Hicks said, and he was eager to get into a courtroom. Looking for advice, he called Steve Hill, then the U.S. attorney in Kansas City. Hill told Hicks the best place to learn about being a prosecutor was working in a public defender system.

Hicks later landed a job with the Randolph County public defender’s office. "It instilled in me a real appreciation for our system of justice," he said.

After 2½ years as a defense lawyer, Hicks became an assistant attorney general and litigated cases in front of more than 15 judges in 60 county courthouses.

Assistant Attorney General Tim Anderson, who supervised Hicks during that four-year tenure with the state, said he was among the best attorneys with whom he had worked.

"Richard is one of my favorite topics," Anderson said. "He is an outstanding guy and very professional. He is excellent in the courtroom; I can’t emphasize that enough. I never hesitated to send Richard out to any county in the state."

Anderson said Hicks’ experience as a prosecutor and public defender would prepare him well for the bench.

"Richard has had a wealth of experience," he said. "And he has handled himself so well. You can tell judges who have been in the courtroom" as attorneys "and those who have not. Richard would do a wonderful job" as a judge.

Attorneys who have tried cases against Hicks have come away with a respect for him.

"I’ve always been impressed with his level of professionalism and fairness," Columbia attorney Kathryn Benson said. "He is very fair and reasonable, and although many of his cases are difficult and emotional, he remains level-headed and able to carry on in a professional manner."

John Mollenkamp, a professor at the University of Missouri-Columbia School of Law, worked with Hicks at the attorney general’s office and recalls he was a "thoroughly prepared and dedicated advocate."

"You will have a hard time finding anyone who has worked with Richard and hasn’t found him to be a friend," Mollenkamp said. "He has experience on both sides of criminal litigation and quite a bit of trial experience. I think that is what we need in our judges."

Under state law, an associate circuit judge has jurisdiction over all misdemeanors and over felony cases until they are bound over to circuit court for trial. Associate circuit judges also handle civil cases with damage claims as high as $25,000.

Their salary, set by statute and paid by the state, is $96,000.

In 2005, associate circuit judges in the 13th Judicial District, which includes Boone and Callaway counties, disposed of 5,885 misdemeanor cases. Some 5,000 cases were settled through guilty pleas, six went to jury trials and 19 were decided by a bench trial. More than 700 cases were dismissed.

Hicks said the quality most difficult for voters to discern is a judicial candidate’s temperament, which he believes is among the most important characteristics of an effective judge.

"The only way to be open and fair is to have a spirit of humility," Hicks said. "It takes a spirit of humility to say it doesn’t matter how I feel about this law. I have to follow it because that’s the law."
http://www.columbiatribune.com/2006/Jul ... ews005.asp
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