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Tag Archives: Cass County

Herschel Young (r) or (D), choose which axe to grind

28 Tuesday Feb 2012

Posted by Michael Bersin in Uncategorized

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4th Congressional District, Cass County, missouri, Teresa Hensley, Vicky Hartzler

Sometimes an individual can’t help going out of their way to confirm what everyone else has long since figured out. Last week:

Friday, Feb. 24, 2012

Herschel Young announces bid for Congress

By Allen Edmonds, The Democrat Missourian

Ousted Presiding County Commissioner Herschel Young has set his sights on Washington.

The rural Harrisonville resident announced this week that he intends to run as a Democrat for the Fourth District U.S. House seat currently held by Republican Vicky Hartzler. Cass County Prosecuting Attorney Teresa Hensley, whose quo warranto action against Young precipitated his ouster as county commissioner the day he was sworn in, indicated several weeks ago her plan to run for Hartzler’s seat as a Democrat as well.

Cass County Presiding Circuit Judge Jacqueline Cook affirmed Hensley’s quo warranto motion ousting Young due to a 1995 felony assault conviction, but set aside the final order removing him from office pending appeal. She did, however, grant a motion barring him from serving as county commissioner during the appeal process.

Young’s final appeal before the Missouri Supreme Court was heard in November 2011, but the high court has yet to rule….

[emphasis added]

In 2010:

Election Summary Report

CASS CO MO

GENERAL ELECTION

Summary For Jurisdiction Wide, All Counters, All Races

11/05/10

11:04:20

PRESIDING COMMISSIONER

Number of Precincts 48

Precincts Reporting 48 100.0 %

Total Votes 34304

GARY MALLORY DEM 15704 45.78%

HERSCHEL L. YOUNG REP 18554 54.09%

Write-in Votes 46 0.13%

[emphasis added]

republican or Democrat, which is it?

2012 ain’t 2010.

Unlike republican voters in Cass County in the 2010 general election, Democratic primary voters in the 4th Congressional District in 2012 are going to be able to figure this one out.

Previously:

New Cass County Presiding Commisioner Herschel Young (r) removed from office by court order (January 4, 2011)

Cass County: whether you vote or don’t even bother to try you get the government you deserve (February 3, 2011)

11CA-CV00001 State of Mo Ex Inf T Hensley v. Herschel L Young (February 4, 2011)

“…Respondent is ousted from the office of Presiding Commissioner, Cass County, Missouri.” (February 18, 2011)

Gov. Jay Nixon (D) appoints Luke Scavuzzo (D) to the Cass County Commission (January 11, 2012)

Gov. Jay Nixon (D) appoints Luke Scavuzzo (D) to the Cass County Commission

12 Thursday Jan 2012

Posted by Michael Bersin in Uncategorized

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appointment, Cass County, Jay Nixon, Luke Scavuzzo, missouri

From the office of Governor Jay Nixon (D):

January 6, 2012

Gov. Nixon appoints Scavuzzo as new First District Associate Commissioner for Cass County

JEFFERSON CITY, Mo. – Gov. Jay Nixon today appointed Luke A. Scavuzzo, of Harrisonville, as the new First District Associate Commissioner for Cass County. The Associate Commissioner position became vacant with the resignation of Commissioner W.J. “Bill” Cook, which took effect today.  

Scavuzzo, a Democrat, served two terms representing District 124 in the Missouri House of Representatives from 2007 to 2010, and for several years, was the owner and operator of Scavuzzo’s Price Chopper grocery store in Harrisonville. He is a long-time resident of the community, graduating from Harrisonville High School before attending Benedictine College.

“Cass County has been one of Missouri’s fastest growing counties over the past decade, growing by more than 20 percent,” Gov. Nixon said. “It’s important to have someone experienced in government and small business in the leadership position of commissioner, and Luke Scavuzzo fits that description. I am confident he will ably serve the people of Cass County on the County Commission.”

Luke Scavuzzo is one of the genuinely nice and thoughtful people in Missouri politics.

Cass County desperately needs someone with his skills and perspective, given the state of the Cass County Commission. The Herschel Young case is still with the Missouri Supreme Court.

Susan Montee (D) at the Cass County "Back to Blue" dinner on Saturday, April 30th

04 Wednesday May 2011

Posted by Michael Bersin in Uncategorized

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Belton, Cass County, missouri, Missouri Democratic Party, Susan Montee

Former State Auditor and current Missouri Democratic Party Chair Susan Montee was the keynote speaker at the annual Cass County Democratic Committee “Back to Blue” dinner in Belton on April 30th.

Missouri Democratic Party Chair Susan Montee spoke at the Cass County Democratic Committee “Back to Blue” dinner in Belton on Saturday night.

Missouri Democratic Party Chair Susan Montee ….We now are faced with needing to do something differently. Now, I’m a big proponent of the idea of the self-sustaining party, but it, it wasn’t my idea. It came about after our election in two thousand and four, where we narrowly lost the governor’s election. Um, and it was largely due to the fact that [presidential candidate] John Kerry pulled out of our state with three weeks left. And we had no infrastructure in place to do anything about it and to get our votes out. And at that point we said, never again, we don’t want this to happen to us again. We have to have a party that is active and able to get a message out and to get people out and, and we can’t be reliant on these outside forces.

We actually came up with a plan, we were going down a path, but a couple of wonderful things happened to us. Uh, Claire McCaskill decided to run for the Senate in two thousand and six and a ton of money came into the state so we didn’t need that plan. Uh, two thousand and eight, uh, the Obama campaign dumped a ton of money into the state, was the narrowest, uh, margin in the country, tried everything, we had all this money, things were great, we didn’t have to get our plan in place. In twenty-ten when there was no money coming into the state from the federal and we had never activated our party structure we found out what it’s like if we don’t get our votes out…

 

…And don’t let anybody tell you that, oh, well, it was the tide, all the independents that had voted Democratic voted Republican.  ‘Cause while you can see some of those things happening on the federal issues and maybe in the federal races that was not what happened to us in our state races and our local races. ‘Cause what happened to us here is our Democrats did not turn out. And I know that. I looked at it. I looked at my numbers from oh-six and ten and I can tell you. I, I can even tell you by county by county. We can go to St. Louis County which is the largest blocks of folks in the state.  In two thousand and six the republican candidate had a hundred and sixty thousand votes. In two thousand and ten the Republican candidate against me had a hundred and fifty-nine thousand votes. And less votes. But I was missing thirty-five thousand votes. So, the margins that we lost were our Democrats not coming home. Believe me, the independents didn’t shift in my race. It wasn’t the Republicans that stayed home in St. Louis County. We know what it was.

The good news about that, another one of those opportunities, is we don’t have to change anybody’s mind. We have to just get our people to get out. And the way that we do that is we talk about issues, and we tell people what means to be a Democrat, and we make sure that people understand the consequences of not voting or not voting right.

And, so what we’re gonna do at the Democratic Party is, we are going to be the place where all of the ideas filter through so people can get information about what’s going on. And so people know what it means to be a Democrat in this state. And what that means for all of our candidates is they should be a reflection of the values that we have put together. It isn’t that the party is there to reflect the values of any of our candidates, it’s the other way around. So, we are going to be talking all the things that are important and all of those candidates. They just need to get in line with us and we will be supportive of them.

Now, I just want to say a little bit about our elected officials and candidates and this whole big concept. Because, not all of our elected or our candidates are gonna agree with me or with all of you on every single issue. And, we are a really big tent and so, we know that that’s the case. And that’s okay. We want our elected officials to be smart, independent thinkers. I mean, I’m glad that they disagree with me sometimes. Okay, I am not glad that they disagree. [laughter] I respect that they disagree with me sometimes. Um, and so I just want to say that because sometimes internally when we’re upset we go, gosh, this person isn’t a good Democrat or this person isn’t doing the thing, but, believe me, we all need to work very, very hard for all of those Democrats this year, to get them reelected, because I have seen the alternative. And all of you guys have seen the alternative. And I see it every day in Jefferson City.

And the alternative that we’re talking about is people that don’t have any, don’t give any value to education in this state. They’re the people that would turn away our federal unemployment dollars to another state and say, hey, unemployed, just get a job. At the same time they’re not offering anything that would create any kind of jobs, unless, of course, you’re talking about doing away with child labor laws. [jeers] At the same time, for those people who are fortunate enough to have a job, they’re saying, hey, it’s okay, we’re gonna let them discriminate against you in the workplace, we’re gonna take away your ability to collectively bargain and, and have your rights, we are gonna cut your minimum wage. So, good thing you have a job, because it’s not gonna be worth anything. That’s the alternative that we are not going to be able to live with. And so, I’m not gonna live with it. I know you guys aren’t and that’s why we’re gonna get out and work a lot, lot harder this year [applause] then we did last time….

IMG_1073c

"…Respondent is ousted from the office of Presiding Commissioner, Cass County, Missouri."

19 Saturday Feb 2011

Posted by Michael Bersin in Uncategorized

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Cass County, Herschel Young, missouri, presiding commissioner, RsMo 115.350

A decision came down this morning in the case to remove recently elected Cass County Presiding Commissioner Herschel Young (r) from office:

11CA-CV00001 – STATE O MO EX INF T HENSLEY V HERSCHEL L YOUNG

02/18/2011 Docket Entry: Judgment Entered

Judge Jacqueline Cook’s order:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Petition for Quo Warranto is granted.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Respondent is ousted from the office of Presiding Commissioner, Cass County, Missouri.

2-18-11   s/Jacqueline Cook

Date      Hon. Jacqueline Cook, Judge, Div. I

Previously:

New Cass County Presiding Commissioner Herschel Young (r) removed from office by court order (January 4, 2011)

Cass County: whether you vote or don’t even bother to try you get the government you deserve (February 3, 2011)

11CA-CV00001 State of Mo Ex Inf T Hensley v. Herschel L Young (February 4, 2011)

The conclusion of Judge Cook’s twenty-two page decision:

…Contested elections enhance the responsiveness and robustness of our political system. The right of the people to elect individuals to public office should be carefully guarded and protected. However, we are a republic, governed by our elected officials, whom we elect, and by the laws that are passed by our elected officials in the public’s interest. The General Assembly passed Mo. Rev. Stat. § 115.530 which prohibited a person, such as Respondent Young, to stand as a candidate for public office due to his felony conviction. It is not for this Court to substitute its policy judgment. The General Assembly has spoken and found that those who have pled guilty, been found guilty or have been convicted of a felony in the State of Missouri should not be qualified to be a candidate for public office. It is for the General Assembly or the people of the State of Missouri who elect those who passed such laws, to determine whether such laws should continue to exist. But, as for this Court, it must enforce the law as it has been passed by the General Assembly.

This Court notes that should Respondent seek to appeal this Court’s decision, he is entitled to seek a stay pending appeal pursuant to State ex inf. Atty. Gen. v. Shull, 887 S.W. 2d 397, 403 (Mo. 1994).

Judge Cook’s decision addresses four issues – an equal protection argument, a retrospective law argument, the application of Criminal Code to RSMo § 115.530, and the standing of the Cass County Prosecutor to  bring the case.

In reference to the equal protection argument, Judge Cook wrote:

…Respondent Young may challenge whether § 115.530 is applied to a Missouri felon in a manner consistent with the Equal Protection Clause as he is a Missouri felon….The Court notes that notwithstanding the argument of Respondent’s counsel in their motion to dismiss, Missouri does restrict the right of a person who has been convicted of, pled guilty to a misdemeanor or felony under the federal laws of the United States to qualify as a candidate  for elected public office in the State of Missouri. See Mo. Rev. Stat. § 115.348. While Respondent did plea guilty to a felony in the State of Texas, he received a “deferred adjudication” which is not a finding or verdict of guilt. Donovan v. State, 68 S.W. 3d 633, 636 (Tex. Crim. App. 2002). As such he is not a convicted felon in Texas and has no standing to raise the application of § 115.530 to felons from other states….

….In making his equal protection challenge, it is the Respondent’s burden to demonstrate a discrimination against him of some substance….Classification is the essence of legislation…In this case, Respondent has failed to make his case that the classification was invidious, arbitrary or irrational, thereby offending the Equal Protection Clauses of either the United States or Missouri Constitutions. He has failed to meet his burden that § 115.530 unfairly classifies individuals who have been convicted of, found guilty of, or pled guilty to a felony under the laws of this State….

On the “Motion to Dismiss for Retrospective Laws”:

….The Missouri Supreme Court has held that a law is retrospective in operation if it takes away or impairs vested or substantial rights acquired under existing laws or imposes new obligations, duties or disabilities with respect to past transactions.

[….]

Missouri has long held that the right to public office is not a vested right or contractual right…There is no fundamental right to run for office…Similarly, an incumbent of public office does not have a vested right…. based upon the aforementioned case law, no one has a vested or substantial right to run for office or hold office in the State of Missouri. Therefore § 115.530 does not satisfy the first disjunctive definition of a retrospective law….

Further:

….the Court finds that § 115.530 does not impose any new obligation, duty or disability. Mr. Young is not obligated or required under duty to run for office. There is no prohibition of the General Assembly to created new eligibility or qualification requirements….

….As applied to Respondent Young  Mo. Rev. Stat. § 115.350 is not unconstitutionally retrospective….

On the application of the Criminal Code to § 115.350:

…The purpose of the revision of the Criminal Code regarding legal disqualifications was to reduce the number of statutes providing for collateral consequences of criminal convictions, and to promote rehabilitation.

[….]

This Court believes that reading the statutes in harmony provides that disqualification or disability may occur to one having a felony conviction if it is provided by Constitution, Code, or by statute. While in 1977, when the statutes in the Criminal Code were passed modifying the civil legal disqualifications that occurred due to a felony conviction, the General Assembly focused on rehabilitation, it chose, in 2005 through H.B. 1900, to focus on ethics and the public’s confidence in their office holders. Thus the general Assembly chose, in 2005 to pass pass legislation prohibiting a person having pled to, found guilty, or been convicted of a felony under the laws of the State of Missouri to qualify as a candidate for public office. It is presumed the General Assembly knew and understood the import of § 561.021.2 That it chose to limit candidacy of public office to felons must be given deference. Alternatively, the specific statute as to candidacy qualifications would govern over the general statute of § 561.021.2.

Therefore, this Court finds, notwithstanding the provisions of § 561.021.2, that § 115.350 prohibits a person convicted of a felony conviction, as respondent is in in this case, from being a candidate for public office….

On the standing of the Cass County Prosecutor to bring the case:

….Respondent contends that Relator Teresa Hensley lacks standing due to the Comprehensive Election Reform Act of 1977 and specifically § 115.526. However, this argument is not persuasive. Missouri courts have long held that equity has no jurisdiction to try election contests…However, the right to title is different from an election contest and should be settled by a quo warranto…The present case presents a right to title, not an election contest, and therefore Relator hensley has standing to bring the action, and this Court has jurisdiction.

[….]

The court also not
es that respondent has already stipulated to the jurisdiction of the relator in open court.

[….]

In the present case, there is no dispute that Respondent Young has a felony conviction in the State of Missouri. There is further, no dispute, that § 115.350, which prohibited individuals convicted of felonies in the State of Missouri from being a candidate for public office, was effective prior to the 2010 general election. This Court finds that Respondent Young was not qualified or eligible to hold the elected office of Presiding Commissioner of Cass County. Whereas he was not eligible or qualified for office, Respondent Young had no legal right to the office. Therefore the Court grants the Petition Quo Warranto and orders his ouster from office….

We shall see if there’s an appeal. Judge Cook’s decision appears to be measured and thorough – it addresses all of the elements of the oral arguments in the February 3rd hearing.

11CA-CV00001 State of Mo Ex Inf T Hensley v. Herschel L Young

05 Saturday Feb 2011

Posted by Michael Bersin in Uncategorized

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Cass County, Herschel Young, missouri, RsMo 115.350

The Cass County Justice Center in Harrisonville, Missouri.

On Thursday afternoon there was a hearing for oral arguments on motions to dismiss in a 17th Circuit courtroom at the Cass County Justice Center in Harrisonville in the case to remove elected Cass County presiding commissioner Herschel Young, Judge Jacqueline Cook, presiding.

The applicable statute in Missouri:

Missouri Revised Statutes

Chapter 115

Election Authorities and Conduct of Elections

Section 115.350

Conviction or plea under state laws, disqualification for elective public office.

115.350. No person shall qualify as a candidate for elective public office in the state of Missouri who has been convicted of or found guilty of or pled guilty to a felony under the laws of this state.

(L. 2006 H.B. 1900)

Effective 1-01-07

Previously:

New Cass County Presiding Commissioner Herschel Young (r) removed from office by court order (January 4, 2011)

Cass County: whether you vote or don’t even bother to try you get the government you deserve (February 3, 2011)

The Cass County Courthouse on the square in Harrisonville, Missouri is the seat of county government. “A Public Office Is A Public Trust” is emblazoned over the south entrance.

After looking up the 17th Circuit Court rules and applicable Supreme Court rules for media coverage I inquired of the circuit court clerk’s office when I arrived at the justice center if it would be possible to make an audio recording of the proceedings. They made a phone call to check and then informed me that I would not be allowed to do so.

I found a seat in the courtroom about fifteen minutes before the scheduled start of the hearing. A few minutes later the bailiff informed everyone that all cameras, recording devices and cell phones needed to be removed from the courtroom. I took everything back to the car and returned to the courtroom with a small notebook, a pen, and a pencil.

The hearing was quite interesting. This case is probably going to the Supreme Court. It screams for it. And the attorneys appear to know that.

Judge Cook took up the motions to dismiss and Herschel Young’s attorney’s proceeded with their argument on the retrospective nature of the statute. That is, since the law was passed in 2007 (prohibiting individuals convicted of or pleading to a felony in Missouri from holding office) and since his conviction was in 1995 his attorneys argued that the application to him is an additional punishment after the fact. They cited Missouri case law and precedents in felony cases and statutes having to do with restrictions on Halloween and for prohibitions on certain persons living within one thousand feet of a school. Further, they argued, Herschel Young could face a criminal penalty for filing for office because of his 1995 conviction. That is retrospective and that would violate his constitutional rights. They asked the judge to strike down RSMo 115.350.

The State argued in rebuttal that a retrospective law imposes a new duty, obligation, or disability. RSMo 115.350 operates prospectively. It was enacted in 2007 and applied in 2010. There is no affirmative duty on Hershel Young. He had a choice to file or not file for office and he had a choice to fill out his application for candidacy.

The State continued that under the respondent’s argument all laws are retrospective. It is a slippery slope – no new law could apply to anyone already born. Eligibility requirements are not a new duty. Young was forbidden from running for office. The criminal consequences of RSMo 115.631 is for lying on an affidavit, not because of Herschel Young’s previous conviction. Further, it is an obligation for everyone – if you want to run for office you have to meet the qualifications. A legal disability would require Herschel Young to take affirmative action – if the defendant had done nothing there would be no legal consequences.

Missouri Revised Statutes

Chapter 115

Election Authorities and Conduct of Elections

Section 115.631

Class one election offenses.

115.631. The following offenses, and any others specifically so described by law, shall be class one election offenses and are deemed felonies connected with the exercise of the right of suffrage. Conviction for any of these offenses shall be punished by imprisonment of not more than five years or by fine of not less than two thousand five hundred dollars but not more than ten thousand dollars or by both such imprisonment and fine:

(1) Willfully and falsely making any certificate, affidavit, or statement required to be made pursuant to any provision of sections 115.001 to 115.641 and sections 51.450* and 51.460, including but not limited to statements specifically required to be made “under penalty of perjury”; or in any other manner knowingly furnishing false information to an election authority or election official engaged in any lawful duty or action in such a way as to hinder or mislead the authority or official in the performance of official duties. If an individual willfully and falsely makes any certificate, affidavit, or statement required to be made under section 115.155, including but not limited to statements specifically required to be made “under penalty of perjury”, such individual shall be guilty of a class C felony….

The State added that the obligation is on the state to remove an office holder who does not qualify for office. RSMo 115. 530 is prospective, not retrospective.

Judge Cook offered the attorneys for Herschel Young an opportunity for rebuttal with, “…if you’d like one more bite at that apple…” The respondent’s attorney’s restated, “Our case is directly online with the [Missouri] Supreme Court.” As they continued Judge Cook stated, “Under your argument the legislature could never amend candidate qualifications.” Under the State’s theory he could not run again for [local] alderman. Later, the respondent’s attorneys added, “The state can amend the law, but they can’t apply it to antecedent criminal conviction.”

The State was offered an opportunity to respond. They added that the new event is running for office.

The court then took up the 14th Amendment argument, that a convicted felon in another state could still run for office in Missouri once they established residency and met the other requirements.  

The State argued that Missouri can only be concerned with Missouri felonies because we do not know the law (and felonies) or the circumstances in other states. Each state is free to define its felonies.

[So, a convicted felon in another state could have possibly committed and been punished for a crime which was not a felony in Missouri (they didn’t get that far into it, but you see the point). Another state’s business is not Missouri’s.]

Then, the State had made late reference to a prior record of Herschel Young in Texas. There was some discussion of the disposition, but the state pointed out in the Texas record that he plead guilty. The state then pointed out his 14th Amendment argument that someone convicted from another state can run for office in Missouri was moot [my term] because the state wasn’t arguing that Herschel Young was disqualified because he’d been convicted in Texas, they were arguing that he couldn’t hold office because he had been convicte
d in Missouri. The state said, “He can’t have it both ways.” [That is, arguing that it’s unfair that someone convicted in another state isn’t disqualified from holding office in Missouri, even though he’d been convicted in another state and wasn’t disqualified because of that].

Judge Cook gave both sides twenty-four hours to file briefs on the disposition of the Texas case.

The State continued that in the Texas matter the respondent also paid a fine, stating, “A fine in the State of Missouri is a conviction.” Later adding that in the case of extradition the state [of Missouri] has to make a case to extradite.

These arguments by the State were to address the equal protection theory of the respondent’s attorneys that the lack of applicability in the Missouri statute for those convicted in other states was unfair and unconstitutional.

The court took a half hour recess so that all parties could stipulate on the facts in the case not in dispute.

After the recess the court took up the State’s Quo Warranto petition to remove Herschel Young from office. The State asked the judge to enter the order. The respondent’s attorneys ended with, “The prosecution is asking you to upset the will of the voters. It’s monumental.”

Herschel Young seems like an amiable guy. He wants to serve. At an earlier point in the hearing he stated to the court that in 1995 he asked the judge what the disposition of his case meant and that he left that conversation assured in his mind that it wouldn’t go on his record. Judge Cook responded, “The record is the record.”

Cass County: whether you vote or don't even bother to try you get the government you deserve

03 Thursday Feb 2011

Posted by Michael Bersin in Uncategorized

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Cass County, missouri, presiding commissioner

It’s just that everyone else suffers. So choose wisely.

Cass County government is a mess right now. In the Belton Star-Herald:

Wednesday, Feb. 02, 2011

OUR VIEW: The signs aren’t good

…Nothing has been documented or seriously alleged that would indicate there is money “missing.” Acting Presiding Commissioner Brian Baker made the point in a conversation Tuesday that there is no “grand conspiracy” going on.

We completely agree. For a conspiracy to exist, there would need to be a significant amount more attention to the meat-and-potatoes portion of running the county than there has been in the past two years by the commissioners still in office.

As of Tuesday, Baker’s contention remained that during the period between Election Day and the first of the year, the budget – the entire game plan for the county – was being worked on alone by former Presiding Commissioner Gary Mallory. The approach was no different than it has been for the two years Baker and South District Commissioner Bill Cook have been in office.

Plainly, that lack of knowledge, study, and even interest in the process is showing. But that we knew….

Ouch. You mean the northern and southern commissioners never bothered to engage in the process? And now that there is no presiding commissioner…

Previously: New Cass County Presiding Commisioner Herschel Young (r) removed from office by court order (January 4, 2011)

There’s a hearing scheduled today on that case, 11CA-CV00001 – STATE O MO EX INF T HENSLEY V HERSCHEL L YOUNG, too:

01/21/2011   Docket Entry:   Judge/Clerk – Note

Text: Court holds telephone conference on record per order entered. JAC/tl

Docket Entry: Order

Text: Oral Argument set by Court, on February 3, 2010.

Docket Entry: Hearing Scheduled

Associated Events: 02/03/2011 , 13:30:00 – Hearing

If voters don’t show up, or bother to pay attention, or just vote a certain way because right wingnut billionaires drive their personal agenda through their media enablers, you get the government you deserve.

Everyone suffers. And most of those who brought it to this point are too clueless to care.

New Cass County Presiding Commisioner Herschel Young (r) removed from office by court order

04 Tuesday Jan 2011

Posted by Michael Bersin in Uncategorized

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Cass County, felony, Gary Mallory, Herschel Young, Jacqueline Cook, missouri, presiding commissioner, Teresa Hensley

Cass County Prosecutor Teresa Hensley filed a petition in the 17th Judicial Circuit to remove newly elected Cass County Presiding Commissioner Herschel Young (r) from office. The press release from the prosecutor’s office:

For immediate release upon receipt

Tuesday, January 04, 2011            

QUO WARRANTO FILED – PETITION SEEKS TO REMOVE

HERSCHEL YOUNG AS PRESIDING COMMISSIONER

AS A RESULT OF 1995 FELONY CONVICTION

Harrisonville, MO – – A Petition for Quo Warranto was filed on January 3rd with the Circuit Court of Cass County.  The Petition seeks to remove from office, Herschel L. Young as Presiding Commissioner .  A Petition for Quo Warranto is the proper remedy to determine title to an office.  A Quo Warranto can only be brought by the State of Missouri Attorney General’s Office or the County Prosecuting Attorney’s Office and only after an individual has actually taken office.  This Petition was filed by the Cass County Prosecutor Teresa Hensley pursuant to Missouri statutes requiring her to file a quo warranto where the primary issue is the qualifications to hold an office.  

The Petition alleges that Herschel L. Young, having been convicted of a felony in 1995 was not qualified as a candidate for elective, public office in the November 2010 general election and therefore does not qualify to hold the elected office of Cass County Presiding Commissioner.  Herschel L. Young was elected as Presiding Commissioner of Cass County in the general election held on November 2, 2010 but did not officially take office until the first day of January 2011.   Neither the Attorney General’s Office nor the Prosecuting Attorney’s Office may seek removal until the candidate has actually taken the office.

“I believe that once Mr. Young took office, Missouri law requires that the Prosecutor seek removal of an officeholder who does not qualify to hold that office,” Hensley said.  “Missouri case law has clearly stated that a quo warranto is an action to protect the public against usurpation of a public office and that the public is the real party in interest here.”

Herschel L. Young pled guilty on June 29, 1995 to a Class C Felony of Assault and received a suspended execution of sentence with three years supervised probation.   Mr. Young’s felony conviction has gone unnoticed on his criminal history due to a failure of the system in 1995 to insure that it was properly recorded with the Missouri State Highway Patrol who keeps such records.  The Petition includes as Exhibit A the certified copy of the Sentence and Judgment, whereby Herschel L. Young pled guilty to and received a conviction for a felony offense.  That Sentence and Judgment is part of the official Circuit Court file of Cass County.

#  #  #

The petition filed by Cass County prosecutor Teresa Hensley [pdf]. The petition includes two exhibits: Herschel Young’s declaration of candidacy from 2010 and records of the felony conviction from 1995.

11CA-CV00001 – STATE O MO EX INF T HENSLEY V HERSCHEL L YOUNG

Displaying 1 thru 5 of 5 records for all dockets returned for case 11CA-CV00001.

01/03/2011 Docket Entry: Judge Assigned

Docket Entry: Petition Filed – No Fees

Text: Petition in Quo Warranto

Filing Party: HENSLEY , TERESA LYNN

Docket Entry: Suggestions in Support

Text: Suggestions in Support of Petition for Quo Warranto

Filing Party: HENSLEY , TERESA LYNN

Docket Entry: Judge/Clerk – Note

Text: Court takes up Petition for Quo Warranto. Upon review of pleadings and pursuant to Mo.R.Ct. 98.05 and Mo.Rev.Stat. 526.050 the Court enters preliminary order. Court finds that ruling in form of injuction pled by Prosecutor should be granted. Order entered separately. JAC/tl

Docket Entry: Order

Text: Document ID: 11-ORD-1, for YOUNG, HERSCHEL L. Preliminary Order in Quo Warranto

[emphasis added]

Missouri Revised Statutes

Chapter 526

Injunctions


Section 526.050

Temporary injunction, when granted.

526.050. When it shall appear by the petition that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists, in restraining the commission or continuance of some act of the defendant, the commission or continuance of which, during the litigation, would produce injury to the plaintiff, or when, during the litigation, it shall appear that the defendant is doing, or threatens or is about to do, some act in relation to the plaintiff’s rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.

[emphasis in original]

Judge Jacqueline Cook entered a preliminary order removing Herschel Young from office.

Long time incumbent Presiding Commisioner Gary Mallory (D) was upset by Herschel Young (r) in the 2010 general election:

Election Summary Report

CASS CO MO

GENERAL ELECTION

Summary For Jurisdiction Wide, All Counters, All Races

11/05/10

11:04:20

PRESIDING COMMISSIONER

Number of Precincts 48

Precincts Reporting 48 100.0 %

Total Votes 34304

GARY MALLORY DEM 15704 45.78%

HERSCHEL L. YOUNG REP 18554 54.09%

Write-in Votes 46 0.13%

Cass County Democrats: Back to Blue Dinner – a tribute to labor

19 Sunday Apr 2009

Posted by Michael Bersin in Uncategorized

≈ 4 Comments

Tags

Cass County, Democrats, labor, missouri

Three events in three days.

Johnson County Democrats at the German American Club in Belton, Missouri for the Cass County Democrats’ Back to Blue Dinner – Tribute to Labor.

This year the annual Cass County Democrats fundraising dinner in Belton, Missouri (always a big event) is taking place among a sea of Democratic events across the state. The Missouri State Democratic Committee meeting also took place today in St. Louis – there will be various events tonight, too. Last night in Warrensburg Missouri Secretary of State Robin Carnahan (D) was honored and spoke at a dinner event sponsored by Johnson County Democrats. This recent density of Democratic activity is a good thing. And Vice President Joe Biden spent the last few days in Missouri, promoting the administration’s good works and reminding the public at large why they voted for change.

It’s good to be a Democratic. It’s good to be busy. There’s still a lot of work to be done.

I’m here at the dinner with a borrowed broadband card. I’ll try to update and maybe post more photos as the evening progresses.

Emanuel Cleaver: "Satan is at twenty nine"

28 Monday Apr 2008

Posted by Michael Bersin in Uncategorized

≈ 5 Comments

Tags

Cass County, Cleaver, missouri

I attended the Cass County Central Democratic Committee “Back to Blue” dinner at the German-American Klubhaus in Belton on Saturday night.

Three hundred people were in attendance along with a number of statewide, legislative and local candidates. I spoke briefly with Chris Koster, Andria Simckes, and Clint Zweifel. Jeff Harris and Sam Page were also in attendance.

Congressman Emanuel Cleaver (D), who was delayed by a late flight, was the featured speaker:

Thank you very much. You have no idea how [garbled] it is to be here. I sat out on the tarmac from Washington for two and a half hours. Earlier today having addressed the area meeting of the American Federation of Teachers at a luncheon and then trying to get here in time to join you.

The captain of the plane actually came out, got out of the cockpit and said new federal law requires that we turn the plane around and take it to the gate, return to the gate, if anybody wants to do so. Only one is required. And then the airline attendant came over and said, “Aren’t you a congressman?” [laughter] And I said, “Yes.” And she said, “Did you hear the announcement?” And I said, “Of course I did.” And she said, “Did you want to go back to the gate?” And I said, “Just, you know, have you given everybody this individual attention?” And she said, “No, but the captain wanted to make sure you knew that we were following the new federal law.” [laughter]…

…It is good to be among family. This, this is family. And I think our party is more of a family than the other party. And I tell you why. And that is because if you’re part of a family, the biological family, everybody is accepted…the Democratic Party is a party that brings everybody in. Everybody is a part of the family. Anybody who wants to be for justice and peace and righteousness, they’re part of the family.

I ran into something interesting that I had never ever seen before. And I ran into it a couple weeks ago just thumbing through the Old Testament. And I stumbled upon something I am sure I had read, but I don’t think I digested it. After this great battle between the army of Saul and the Philistines, Saul is fighting for his life. He and his three sons are fighting and many of the army of Israel began to flee. And so when he realizes that he’s about to die, he says to his armor bearer, “Please kill me.” And the armor bearer refused. And so Saul falls on his sword and kills himself. The three sons are also slain. But the part I had never seen before is what happened next. Here in first Samuel, the last chapter, it says, and on the next morning the Philistines came in and stripped the dead. I thought, “Wow.” The Philistine army came in and stripped the dead. They took their clothing, jewelry, weapons, anything of value. They stripped the dead…Why not? I mean the dead can put up no resistance. They can register no protest. And I thought to myself, “You know that’s similar to what is said of editorial writers.” They sit on top of the hill, on white horses, watching the battle. And at the conclusion of the battle they ride down in glory and slay the wounded. The truth of the matter is what we have going on in our country right now is slaying the dead. When the poorest people, the working class people, the middle class people are dead to the sensibilities and sensitivity of the people in power. And what we’re doing is slaying them. We’re killing them again. All you have to do is look what happened in Katrina. The poorest people in New Orleans are the ones who were the victims. In the Ninth Ward twenty one per cent of the people who lived there had no telephones. Twenty four per cent, only twenty four per cent, had high school diplomas. Twenty seven per cent had cars, and so they couldn’t get out. And one of the things that [garbled] this nation off with this administration, where they would never look at them again, was when they saw Americans, poor America, screaming from rooftops, crying from front porches, sitting on the dome, begging for help. And Americans looked at that and said, “This reminds us of what we saw in Bangladesh. This reminds us of what we saw in the Sudan. This reminds us of what we see in the third world countries.” And Americans were embarrassed. Why? Because this administration stripped the dead. Those people in New Orleans were dead. And that was a turning point in this country. People decided then we don’t like these people, we don’t like Brownie. And Brownie was not doing a good job.

And so the president’s poll numbers dropped down to where they are now, twenty seven. Satan is at twenty nine. [laughter, applause] Some of the lowest poll numbers in the history of the republic, since we’ve been keeping poll numbers. The American public became angry.

When Julius Caesar went into battle it cost about seventy five cents to kill an enemy. That’s what it cost the Roman government. When Napoleon  attempted to conquer the world it cost twenty one hundred dollars to kill the enemy. By the time we had the war to end all wars, World War I, it had gone up forty five thousand dollars. And by World War II it cost fifty thousand dollars to kill the enemy. Fifty thousand dollars. All you have to do is get the amount of money spent in the war and then count the number of troops, the Germans and Italians and Japanese lost in direct combat with us. It now costs a hundred thousand dollars for us to kill an Iraqi. One hundred thousand dollars. We have spent a half trillion dollars. One half trillion dollars. Killing people. Every person in this room, to date, to date, has spent four thousand dollars in Iraq. And it’s not over. And if John McCain goes to the White House it won’t be over. [applause]

This is crazy. For the first time in the history of the United States of America we launched a pre-emptive attack against another nation, a sovereign nation. John Kennedy said shortly after his inauguration that the United States, the proud people of the United States, will never initiate a war against another nation. All that went out of the door with George W. Bush. He enacted  this new pre-emptive strategy that if anybody thinks that another nation might be thinking about thinking about attacking we can attack. Which means that if someone is working at Seven Eleven and they look outside and think that there’s somebody who wants to rob Seven Eleven you go out and shoot them. This is crazy. We’ve lost our prestige around the globe. And we’re ripping off our own economy. We are borrowing the money that we’re using to fight in Iraq. That is not tax dollars. Your children and their children and even their children will be paying off this debt. It is not nine trillion dollars. It’s nine trillion dollars plus. The money that we owe in loan guarantees to other nations and the money that we’ve taken out of the Social Security trust. It adds up to twenty five trillion dollars. That means that you can go to the moon and back twenty five times if you stack the dollars one dollar on top of the other. This nation cannot stand another four years of George Bush the three. [applause]

Look, there’s this man sitting in the park. Eating his lunch. Relaxing. A man walks by and he sits down beside him and he looks over and sees a nice little Doberman and he says, “Will your dog bite?” And so the man sitting there first says, “No, my dog won’t bite.” And so he reaches over to pet the dog on the head. The dog bites off his little finger. And he’s bleeding, trying to find the remains of his finger and he said, “You told me that this dog, your dog won’t bite.” Well he said, “My dog won’t bite. But this is not my dog.” [laughter] No matter what they say, no matter how they try to hide it, all of the problems that are adversely affecting this country, our children, and other nations. That’s their dog. That is their dog.

The sub prime mess. Twenty thousand people lose their homes each week in the United States. Twenty thousand. One point two so far, and it’ll go to three point five based on the most modest estimation. I’m on the committee that deals with the whole sub prime loan m
ess. What do we do? We bail out Bear Stearns. Bear Stearns got a bail out, the people who lost their homes get counseling. And it was the people like Bear Stearns that helped get people in trouble. Because those loans, those bad loans, were bundled into securities and sold on Wall Street. Worthless paper. And we must try to help the every day people who are losing their homes, particularly those who didn’t go in to it with any kind of plot to get something for nothing. This is their dog. The sub prime mess. This is their dog. The war is their dog.

And the same thing holds true as we look right now at the fact, this is unbelievable, this is absolutely unbelievable, that we are still struggling to make sure that people have a living wage. This administration would like to kill any kind of effort to strengthen labor unions. Because they are afraid of labor unions. They are afraid of people who stand up…the great theologian said that if you step on a worm it will protest by wiggling. And this administration doesn’t want any wiggling. They want us to just take it. And take it. Cowboy diplomacy. Cowboy domestic policies. Well the American public is tired. The American public is angry.

And that’s why when you look at the presidential primaries all around the country we are turning out two and three to one in terms of numbers. We are tired of it. [applause] When you look at what’s going on and you see that in Pennsylvania one hundred thousand new Democrats registered. One hundred thousand. There is a passion gap between Democrats and Republicans. Republicans are like at a football game they’re saying, “Rah, rah…rah, rah…rah.” Democrats are saying [shouting], “Do it to ’em! Do it to ’em!” [laughter, applause] They have no passion. They realize that this is their dog and they realize that the American public has found them out. All of this talk of about God. God, God. And then they go and vote against No Child Left Behind. God, God. They go and vote against minimum wage increase. God, God, They try to pull out Terry Schiavo in front of the nation. Who had no brain activity. The God that I know about is a God of love and peace and hope. And those of us who are part of this party are not morally superior to Republicans, we’re just better than they are. [laughter, applause] Look, it boils down to this – we’re right and they’re wrong. [applause] They’re wrong on the war. They’re wrong on trying to stop us from helping people who are losing their homes. They are wrong on trade. They’re wrong on trying to get us to pass a lot of legislation to send more jobs into foreign countries…

…Come November. Come November I think this is gonna change. I don’t care who wins at the top of our ticket. We ought to have a very cute rock run. I just think a real pretty rock, a white rock with some colors, with eyes and nose. [laughter] The rock can do as well as McCain. [laughter, applause] Yes we are. Yes we are going to win…

…He says to me, “You know, the Republicans are really, really turning me off.”  They’re turning a lot of people off. Why? Because they gave oil companies a fourteen billion dollar tax cut. Fourteen billion dollars. And gas prices reached the highest they’ve ever been in history yesterday. Studies suggest that by September it will be four dollars a gallon. I talked to a Teamster who told me it cost him one thousand dollars to fill his gas tank. He has his own business, he runs his own truck. One thousand dollars. You think he’s going to vote for McCain? [laughter] I don’t care what he is. He could be a Republican,. He could be Richard Nixon’s grandson. He is not gonna vote for McCain. People are tired…the CEO of Exxon Mobil received a four hundred million dollar retirement package. Four hundred million dollars. Including access to a private jet. And most of us are struggling to just fill up our gas tanks. And if you want to convert people just stay at a gas station. Just hang around the pump. [laughter] “You’re a Republican. How did you like those prices?” [laughter, applause]

This is our season. This is our season. Because I think that most Americans are interested in and committed to treating everybody right. Making sure that when our seniors reach the sunset years that their Social Security is in place. They’re interested in their children getting the best possible education. They don’t want the nation to be embarrassed around the world because we have this go at it alone policy. And I am convinced that we’re going to have an easier time this year. Easier than, than, ever to convince people to come our way. Whether its Clinton or Obama I think we’re gonna have a new day.

Let me just conclude by saying to you that I had a, an opportunity to travel with Nancy Pelosi around the world actually. And nation after nation we sat down with people like Chancellor Merkel of Germany and listened to them criticize us for the fact that we won’t even accept the science of global warming. We listened to people in Australia tell us how backward we were and that they needed us to lead the world. Our rightful place is out front. Not so that we can dictate to people what happens, but we show people what happens.

I was Pastoring. As I was pastoring I got a chance to know all the kids in the neighborhood. And so one day school was out because we had a bad snow. And I looked outside our church window and kids had gotten cardboard boxes and they were using them as sleds and they were coming down this hill and they’re sliding into The Paseo. And so I’m thinking I gotta go stop this. So I go out and say, “Hey, come on, come on up. Come on up.” And as I’m going down the hill I slipped and landed on my back. And I looked up and all these kids are standing over me. And I was a little upset so I said, “What are you looking at?” And so one of those boys said, “We just wanted to see what you were gonna say.” [laughter] Well something needed to be said. [laughter] And that’s how people look at this country. They want to see what we’re gonna say. They want to see what we’re going to do. Well after next January this whole world will be a little more comfortable, they’ll breathe a little easier because we’re gonna take charge. We’re gonna take charge in jeff City. We’re gonna take charge in Washington. And we’re going to begin to take back America. We’re going to take it back.

People have stolen this country from us…

…And if we continue to allow these laws that were put in place from nine eleven we are going to continue to give away the rights of the American public and our children. We ought to be proud. We are the United States of America. The world’s only superpower. When the next president is sworn in the world, the world, will pause and pay tribute to the reinstitution of the United States of America. [garbled] Thank you very much. [applause]

They've got the power, part 3

25 Friday Apr 2008

Posted by Michael Bersin in Uncategorized

≈ 3 Comments

Tags

Cass County, HB 2279, Power Plant, Public Service Commission

They’ve got the power

They’ve got the power, part 2

Brett Penrose: they really do have the power…

This little gem passed the Missouri House yesterday (the bill numbers and names constantly change – legislation is like sausage making, consumers of said commodities might be put off by the process):

SECOND REGULAR SESSION

[PERFECTED]

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 2279

94TH GENERAL ASSEMBLY

…393.171. 1. The commission shall have the authority to grant the permission and approval specified in section 393.170, after the construction or acquisition of any electric plant located in a first class county without a charter form of government has been completed if the commission determines that the grant of such permission and approval is necessary or convenient for the public service. Any such permission and approval shall, for all purposes, have the same effect as the permission and approval granted prior to such construction or acquisition. This subsection is enacted to clarify and specify the law in existence at all times since the original enactment of section 393.170.

           2. The provisions of this section shall expire on August 28, 2009…

What, it expires after one year? Why, you’d think it was for a “special purpose”. The day before (pdf) there were a few amendments and votes.

The Journal of the House will be available in a few days. Then we’ll be able to see if any advocates of automotive deer hunting voted for this. That would be a good way to upset the voters in Cass County, right David?

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