Duane Benton
 

Hon. Duane Benton
Firm: United States Court of Appeals, Eighth Circuit
Address: Thomas F. Eagleton Courthouse
Room 24.329
111 South 10th Street
St. Louis, MO 63102
Phone: (816) 512-5815
Fax: (816) 512-5829
E-mail: Contact Us
Web site: http://www.ca8.uscourts.gov/

Position Bar Admissions Education
Published Works Affiliations
Lawyer Profile:

DUANE BENTON
JUDGE, MISSOURI SUPREME COURT

Duane Benton was appointed to the Missouri Supreme Court on August 16, 1991, and retained in office by the People at the November 1992 election. On July 1, 1997, the other Judges of the Court elected him Chief Justice for a two-year term that ended June 30, 1999. He is the only Certified Public Accountant serving on any supreme court in America.

Born in Springfield, Missouri, Judge Benton grew up in Mtn. View, Willow Springs, and Cape Girardeau. He is a 1972 graduate of Northwestern University, Evanston, Illinois, graduating summa cum laude and Phi Beta Kappa. Benton received a law degree from Yale Law School in 1975, distinguishing himself as editor and managing editor of the Yale Law Journal. Selected as a Danforth fellow, he completed the Senior Executives Program at Harvard University, John F. Kennedy School of Government. He has also accomplished the post-graduate Appellate Judges Course at the Institute of Judicial Administration, New York University. Judge Benton earned an LL.M. from the University of Virginia School of Law, Charlottesville, Virginia. He has also received a Doctor of Laws (honorary degree) from both Central Missouri State University and Westminster College.

From 1975 to 1979 Judge Benton served with the U.S. Navy as a judge advocate. While in the Navy, he attended Memphis State University and earned a master's in business administration and accountancy, with a perfect 4.0 grade average. He was selected to Beta Alpha Psi and Beta Gamma Sigma. Benton became a certified public accountant in Missouri in 1983.

Before becoming a Judge of the Missouri Supreme Court, Benton practiced law as a private attorney in Jefferson City for six years, in the general practice of law. He is admitted to practice before the United States Supreme Court, United States Tax Court, United States Court of Military Appeals, and all Missouri Courts.

From 1989 to 1991, Judge Benton served as the 14th Director of Revenue in the history of the state of Missouri. While Director of Revenue, he authored the Missouri Taxpayer Bill of Rights, initiated the short-form state tax return, administered income tax refunds to retirees, and led Missouri to ninth place among all states in sales-tax audits of out-of-state firms. He also served on the Multistate Tax Commission, with tax administrators from 32 other states, who elected him Chair, and as President of the Midwestern States Association of Tax Administrators.

Judge Benton, a Vietnam veteran, still participates in the U.S. Naval Reserve, holding the rank of Captain and having graduated from the Naval War College. He belongs to the Veterans of Foreign Wars, the American Legion, the Navy League, the Vietnam Veterans of America, the Military Order of the World Wars, and served on the Missouri Military Advisory Commission.

From 1987 through 1989, Judge Benton was a Regent on the Board for Central Missouri State University in Warrensburg. He has also served as Chairman of the Board of Trustees for the Missouri State Employees Retirement System, the Board of Regents for St. Mary's Health Center, the Missouri Commission on Intergovernmental Cooperation, the Board of Directors of Jefferson City United Way, and chair of the Council for Drug Free Youth.

Judge Benton is also an adjunct professor at both Westminster College and the University of Missouri - Columbia School of Law.

A deacon and Trustee of the First Baptist Church in Jefferson City, he is former counsel to the Missouri Baptist Convention.

Judge Benton is a member of the American, Missouri and Cole County Bar Associations; the American Institute of Certified Public Accountants, and the Missouri Society of Certified Public Accountants.

Duane and his spouse Sandra -- a registered nurse -- are the parents of two children, daughter Megan and son Grant.

Current Employment Position(s):
United States Circuit Judge, since July 2, 2004

Appointed 2004
Bar Admissions:
Missouri, 1995
U.S. Court of Appeals 8th Circuit
U.S. District Court Eastern District of Missouri
U.S. District Court Western District of Missouri
U.S. Supreme Court
U.S. Tax Court
U.S. Court of Appeals for the Armed Forces
Education:
New York University School of Law, New York, New York
Honors: Post Graduate Appellate Judges Course, Institute of Judicial
Honors: Administration

University of Virginia School of Law, Charlottesville, Virginia
Major: LL.M. in Judicial Process

Yale Law School, New Haven, Connecticut, 1975
Law Review: Editor and Managing Editor, Yale Law Journal

Central Missouri State University, Warrensburg, Missouri
Major: LL.D. (Honorary)

Harvard University, John F. Kennedy School of Government, Cambridge, Massachusetts
Honors: Completed Senior Executives Program, Danforth Fellow

Memphis State University, Memphis, Tennessee
M.B.A., Master of Business Administration
Honors: Beta Alpha Psi, Beta Gamma Sigma
Major: Business Administration
Major: Accountancy

Northwestern University, Evanston, Illinois, 1972
Honors: summa cum laude
Honors: Phi Beta Kappa

Westminster College, Fulton, Missouri
LL.D (honorary)

Published Works:
Congressional Perquisites and Fair Elections: The Case of the Franking Privilege, 83 Yale L.J. 1022,1055, 1974

Book Review, 'Developments in the Law - Legal Citation', 86 Yale L.J. 197, 1976

Noted in 'The Blue Book Is Crimson', 64 A.B.A.J. 139, 1978

Article, Reliability of Corporate Earnings Estimates', Proceedings of the American Institute for Decision Sciences, March, 1979

Article, Local Use Tax in Missouri, Missouri Mun. Rev., pp. 10-11, Oct-Nov, 1990

1 Missouri Administrative Law, Chap. 3, 'Evidence and Burden of Proof" Missouri Bar 2d ed. 1990 (with Harvey M. Tettlebaum)

2 Missouri Taxation Law and Practice, Chap. 25, 'Procedure - Department of Revenue' Missouri Bar 1989 Supp.

Missouri Consumer Law, Chap. 19, 'Procedural Considerations' Missouri Bar 1990 supp.

Article, 'The Administrative Hearing Commission: A New Power Over Administrative Regulations', 47 Journal of the Missouri Bar 11, Aug, 1991

Classes/Seminars Taught:
Appellate Advocacy, Missouri Bar, 1995 - Present

Administrative Law, Missouri Bar, 1994 - Present

Professional Associations and Memberships:
Multistate Tax Commission
Member

Midwestern States Association of Tax Administrators
Chairman, President

Veterans of Foreign Wars
Member

American Legion
Member

Navy League
Member

Vietnam Veterans of America
Member

Military Order of the World Wars
Member

Central Missouri State University, Warrensburg
Regent, Board

Missouri State Employees Retirement System
Chairman, Board of Trustees

St. Mary's Health Center
Member, Board of Regents

Missouri Commission on Intergovernmental Cooperation
Member

Jefferson City United Way
Member, Governing Body

Council for Drug Free Youth
Member, Board of Directors

First Baptist Church, Jefferson City
Deacon, Trustee

Missouri Baptist Convention
Former Counsel

American Bar Association
Member

Missouri Bar
Member

Cole County Bar Association
Member

American Institute of Certified Public Accountants
Member

Missouri Society of Certified Public Accountants
Member

Association of Government Accountants
Member

National Society of Public Accountants
Member

Independent Accountants Society of Missouri
Member

United States Naval Reserve
Captain

Past Employment Positions:
State of Missouri, 14th Director of Revenue, 1989 - 1991

Congressman Wendell Bailey, United States House of Representatives, Chief of Staff, 1980 - 1982

United States Navy, Judge Advocate, 1975 - 1979

Private Law Practice, Jefferson City

United States Naval Reserve, Captain

Missouri Commission on Intergovernmental Cooperation

Missouri Military Advisory Commission

Birth Information:
Springfield, Missouri

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