Robert H Dierker 22nd Judicial Circuit (St. Louis City)

Recommendations

The 22nd Circuit Judicial Performance Evaluation Committee recommends that Judge Robert H. Dierker BE RETAINED.

Position

Circuit Judge

Evaluation Year

2012

Background

Judge Robert H. Dierker was appointed to the 22nd Circuit Court in 1986. He graduated from St. Louis University and received his law degree from the University of Missouri-Kansas City and an LL.M. degree from Harvard University.

Judge Dierker has presided over numerous civil and criminal trials, including nine capital murder trials and actions relating to partial birth abortion and election contests. In 1990, he presided over a three-month Times Beach dioxin trial. He was presiding judge in his circuit in 1997-1998, the criminal assignment judge in 1989 and 1991, and the supervising judge of the asbestos docket from 1993 to 2003. He has sat by designation on the Supreme Court of Missouri and the Missouri Court of Appeals. He is the author of two books on Missouri criminal procedure and co-author of books on tort and contract law. He is the author of a book on the judiciary entitled, The Tyranny of Intolerance: A Sitting Judge Breaks the Code of Silence to Expose the Liberal Judicial Assault.

Discussion

Judge Robert H. Dierker was appointed to the 22nd Circuit Court in 1986. He graduated from St. Louis University and received his law degree from the University of Missouri-Kansas City and an LL.M. degree from Harvard University.

Judge Dierker has presided over numerous civil and criminal trials, including nine capital murder trials and actions relating to partial birth abortion and election contests. In 1990, he presided over a three-month Times Beach dioxin trial. He was presiding judge in his circuit in 1997-1998, the criminal assignment judge in 1989 and 1991, and the supervising judge of the asbestos docket from 1993 to 2003. He has sat by designation on the Supreme Court of Missouri and the Missouri Court of Appeals. He is the author of two books on Missouri criminal procedure and co-author of books on tort and contract law. He is the author of a book on the judiciary entitled, The Tyranny of Intolerance: A Sitting Judge Breaks the Code of Silence to Expose the Liberal Judicial Assault.

Discussion

Judicial peers who responded to survey questions rated Judge Dierker on a scale of 1 to 5, with 1 representing “not at all” and 5 representing “completely.” He received his highest scores for: understands rules of procedure and evidence (4.56); efficiently manages his docket (4.56); is prepared for hearing and trials (4.50); and is competent in the law (4.44). Judge Dierker’s lower scores were for: treats people equally regardless of race, gender, ethnicity, economic status, or any other factor (4.13); displays fairness and impartiality toward each side of the case (4.13); and allows parties latitude to present their arguments (4.25).

The committee also reviewed survey responses submitted by attorneys who had proceedings before Judge Dierker that rated on the same criteria and scale as those used by his peers. Judge Dierker’s highest scores were for: understand the rules of procedure and evidence (4.74); is competent in the law (4.69); is prepared for hearing and trials (4.69); and maintains and requires proper order and decorum in the courtroom (4.63). Judge Dierker’s lower scores were for: is not affected by partisan considerations (4.11); displays fairness and impartiality toward each side of the case (4.29); and demonstrates appropriate demeanor on the bench (4.32).

The committee also reviewed survey responses submitted by jurors who were seated in jury trials before Judge Dierker. Judge Dierker received average approval ratings on 10 categories relating to this conduct during trial from 97.4 percent to 99.4 percent.

The committee also reviewed several written opinions and rulings from Judge Dierker that were well reasoned, with easy-to-follow explanations, competent in the law and adhered closely to precedent, constitutional and statutory law.