A conversation with Robert G. Dowd Jr., Missouri’s longest-serving sitting judge

No sitting judge in Missouri has put in more years on the bench than Bob Dowd. In 1978, just months after earning his law license at age 27, he ran in the last election ever held for low-level city judgeships and won. Being a Dowd didn’t hurt; his Irish Catholic family was a major force in local Democratic politics. But if his surname had been his sole asset, he would’ve stagnated when, the next year, a statewide reform made St. Louis courts nonpartisan. Instead, he thrived, and after a pair of appointments by governors of both parties, he landed on the Court of Appeals, Eastern District, where he’s served for a quarter century and led twice as chief judge. He steps down December 31. 

So your great-grandfather came over from County Kerry, Ireland, and worked here as a mounted policeman? Yes. Then my grandfather [Edward P. Dowd] was the city’s night chief of police. And my father [Robert G. Dowd Sr.] served here in this court for 21 years. This was his roll-top desk! When I leave, it’ll maybe go to my brother [James M. Dowd]. He’s a judge here, too. You know, my parents had nine kids, and my uncle [Edward L. Dowd Sr.]’s family had eight; out of the 17 of us, nine have been lawyers. 

I imagine Dowd gatherings are voluble affairs. Yeah, and it’s funny: No matter what case we’re talking about, we always end up winning at the end of the story. We come out pretty good in our stories.

What was it like being a judge right out of law school? I had longish hair back then; I was in my twenties. I was cognizant that lawyers and litigants would think I didn’t belong up there, so I resolved to always work hard, be prepared, have a polite temperament. When I was doing small claims cases, these people were pouring their hearts out. You’d do 15 in an afternoon, so you’d have to steel yourself and say, “This is their moment. They may not have another. I’ve got to listen to both sides.” And later, if even the loser walked away feeling like I’d listened, that felt good.

And you ended up hearing all types of cases? Yes; probate, juvenile, civil, criminal. That’s why I have such a respect for trial judges. I’ve been there: There’s an objection, and the jury is looking at you, and the lawyers are looking at you, and it’s the heat of the moment, and you’ve got to make a call. It’s a hard job. But guess what? Here at the appeals court we affirm 75 to 80 percent of civil cases and maybe 90 percent of criminal cases, so that tells you that trials judges are doing their job.

What’s life like for an appeals judge? We look for errors by the trial judges—and it must be reversible error, meaning that it affected the result. So we get the briefs, which can add up to 150 pages per case, and before COVID we were doing seven cases per judge per month. So it’s hours of reading and then working with your law clerk and formulating how you want to vote on these cases. We decide cases in panels of three judges, so collegiality is very important. Before you scratch your nose around here, you need someone to agree with you. 

How did lawyers win in your court? They didn’t assume I knew everything about their case, and they got to the point: I don’t like flowery language, probably because I can’t write as well as other judges. 

How do you feel when the Missouri Supreme Court reverses one of your decisions? We have a joke here: “What do you call a judge who gets reversed? A judge who works.” We’re a very busy court, and the more opinions you issue, the greater the chance of reversal. But that’s part of the system. I don’t lose any sleep over it. 

What makes a great judge? It’s a corny answer, but it’s the absolute truth: A great judge follows the law, regardless of public sentiment. We have to make unpopular decisions all the time, so we need a measure of independence. The Missouri system gives us that. But the people do provide input. They’re represented in the appointment process, and they vote to retain judges.

Right, but what should voters do if they know nothing about judges who are up for retention on a given ballot? Colloquially, I’ll say that if you’ve heard nothing bad about a judge, you can assume he or she is doing a good job. There are reviews of judges you can look at online: The Missouri Bar puts out the results of surveys of lawyers and jurors who have seen the judge in action, and those surveys are confidential. So if a judge does bad things, you’ll hear about them.

Is there anything you’d change about Missouri courts? When there’s human beings involved, it’s never a perfect system. I think we could explain the system to the public better, because I’ve found that when we do that, most people say, “Oh. That makes sense.”

What will you do in retirement? I have a wonderful wife of 38 years. We plan to travel—as soon as we can—and spend time with our kids, and their kids. And I plan to keep telling funny stories. Even if nobody laughs.