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Tag Archives: presiding commissioner

[fill in mindless platitude here]

28 Thursday Jul 2022

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

campaign mail, Johnson County, presiding commissioner, Primary, Republican, Troy Matthews

We get campaign mail.

The text was apparently written using a right wingnut Phrase-O-Matic© generic campaign talking points template.

“Our Johnson County way of life is on the line this August…”

You’re on the primary ballot along with four other republicans who have political views indestinguishable from yours. How does that work?

“…and Make Johnson County more conservative!”

That would be impossible, unless you’re planning on a significant proportion of the county’s population and institutions leaving.

“As a farmer, business owner…” “Put Johnson County farms and businesses first”

A little self-interest there? Just asking.

“Lower taxes and the quality of life” | Fixed it for you.

“Fully fund the police to keep us safe”

The Sheriff’s Office? Municipal police?

Lower taxes, increase law enforcement funding? How is this possible? Do explain.

Wut?

12 Tuesday Apr 2022

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

candidate filing, candidate withdrawal, Johnson County, missouri, presiding commissioner

Last Friday:

Diane Norcross Thompson, Johnson County Clerk
April 8 at 6:11 PM

WARRENSBURG, MO, — Johnson County Clerk, Diane Thompson announces that the extended candidate filing period for the Presiding Commissioner of the County Commission seat closed at 5 PM on Friday, April 8, 2022. The following individuals are now candidates for Presiding Commissioner, listed in order by the date and time their declarations of candidacy were received. On the Republican Ticket: Kevin (Beagle) Coleman, Troy A. Matthews, Bob Cochran, Tom Krahenbuhl, Aaron J. Brown and Violet J. Corbett. On the Democratic Ticket: John A. Hart and Matt Swope.

Candidate filing reopened on Tuesday, April 5th pursuant to 115.361(4) RSMo due to the withdrawal of Incumbent Densil Allen who had filed on February 22nd but withdrew on March 29th, which was the last day of the regular filing period. Additionally, Brandon Phelps filed as a candidate on the Republican ticket prior to 5:00 PM on March 29th. Phelps withdrew his candidacy on April 6th during the extended filing period.

The last day for candidates and issues to be certified to the August Primary ballot by the Secretary of State and the County Clerk is May 24, 2022 by 5 PM. A legal notice listing candidates for all races will be published immediately thereafter.

What’s going on here?

Six republican candidates for Presiding Commissioner in Johnson County after the incumbent withdrew?

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

19 Saturday Feb 2011

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

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.

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

≈ Leave a comment

Tags

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

≈ Leave a comment

Tags

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%

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