Frequently Asked Questions
Q: Who are you?
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A: My name is Jim Eftink. I live in Lake Winnebago, Missouri. I have been married for twelve years. My wife Lauren is a registered nurse and a healthcare director. We have two children. We attend church in Lee’s Summit. I am from Kansas City originally. I went to law school at the University of Missouri-Columbia. I’ve been practicing law for nearly twelve years, with an office in Raymore, Missouri. I’ve handled cases throughout western Missouri and eastern Kansas but the overwhelming majority of my practice has been in Cass County. I am a general practitioner, meaning I handle all types of legal matters. In addition to my private practice, I have had a contract for six years with Cass County wherein I serve as an attorney in the juvenile court. Under this contract, I serve as the Guardian ad Litem for abused and neglected children and I represent juvenile delinquents. I have frequently served as a Guardian ad Litem in other custody cases, such as divorces and guardianships.
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Q: What is a Guardian ad Litem?
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A: A Guardian ad Litem is an attorney appointed by the court to investigate claims of child abuse and neglect and to represent the best interests of the child in court. I have served as a Guardian ad Litem for hundreds of children in various types of cases – divorce cases, custody disputes, guardianship proceedings, and child abuse and neglect proceedings wherein the children are in the custody of the state.
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Q: Why are you running?
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A: I believe I am qualified to be a judge – I have the legal experience and the right temperament to fairly and impartially decide cases. As a resident of Cass County, I want to serve my community, keeping it a safe place to call home and raise my children.
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Q: Why are you qualified to be a judge?
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A: I think I am uniquely qualified to be a judge for several reasons. For over a decade, I have handled many different kinds of cases – civil cases, criminal cases, domestic cases, appellate cases, traffic cases, juvenile cases, guardianship cases, and others. This varying practice has given me a wide base of legal knowledge and experience. With my contract with the county to represent juveniles in the juvenile court, I carry a very high volume of cases, generally having an active case load of around one hundred fifty cases. Being able to handle a high quantity of cases is necessary for a judge, and I believe I have that skill. Finally, I have been blessed with a very even temperament. A judge must be able to dispassionately decide cases, free of emotion. I believe I have that ability.
Q: How does a person become a judge in Missouri?
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A: In federal courts, judges are appointed by the president to serve a life term. In Missouri, the judges in Jackson County, St. Louis County, Clay County, Platte County, and Greene County are appointed by the governor under the “Non-Partisan Plan.” You can read more about there here if you are interested: https://www.courts.mo.gov/page.jsp?id=297
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In the other counties in Missouri, including Cass County, judges are elected by the voters like any other elected official. There are pros and cons to elected judges, and there are pros and cons to judges who are appointed by a governor. I believe that as an elected official, a judge should be accountable to the people. A judge should work hard, be courteous to attorneys and litigants, and should uphold and fairly apply the law without bias or prejudice.
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Q: What makes a good judge?
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A: A judge must be fair, impartial, and independent. A judge must be able to carefully weigh evidence, setting aside any passion or emotion. A judge must have integrity. A judge must act at all times in a manner that promotes public confidence in the court. A judge must be courteous and respectful to all litigants who come before the court. A judge must protect all parties’ rights to due process. Perhaps most importantly, a judge must follow the law as created by the legislature and enforced by the executive branch.
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Q: Are you a Republican? Do you support other Republican candidates? What are your stances on political issues?
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A: Yes, I am a Republican. As a judicial candidate, I cannot support any political candidate, nor can I speak publicly about any political issues, nor can I state on the record how I would rule on certain kinds of cases or issues. There are several important reasons for this. First, the Founding Fathers drafted the Constitution and created the judicial system as the weakest political branch. Judges are only intended to decided cases and controversies; judges are NOT intended to create their own laws. Second, a judge must be fair and impartial to all litigants who come before the court, regardless of race, sexual orientation, or political party. A judge cannot convey the impression that any person or organization is in a special position to influence the judge. Finally, if a judge publicly states how he will rule on certain cases, litigants with those cases could ask for a different judge if they do not like the way the judge said he would rule. That means those cases will be assigned to other judges in the county. That’s not fair to the other judges or the people of the county because that means the judge cannot do the job he was elected to do.
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Q: What is your judicial philosophy?
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A: In our American system of government, the legislature creates the laws. The executive branch enforces the laws. The courts decide cases and controversies, giving everyone a fair chance to present their side of the story. The courts are the weakest branch of government. Courts are NOT intended to create their own law. Courts are duty-bound to follow the law, using prior court decisions as a guide in the decision-making process. It is my belief that the government only has the power and authority granted to it by the Constitution. The Founding Fathers envisioned a government with only specific enumerated powers. This is true of all the branches of the government, including the courts. A judge only has the authority as granted to it by the law. In other words, judges are not kings – they are public servants bound by the law.