March 2007

Missouri Bar Continues to Speak Out Against Attacks on State Judiciary

Court Appointed Special Advocates — Theirs is a Story Worth Telling

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Missouri Bar Continues to Speak Out Against Attacks on State Judiciary

As the second half of the 2007 legislative session begins, The Missouri Bar continues to speak up against efforts that threaten to erode the separation of powers among the three branches of government and undermine the authority of the state’s courts to carry out their constitutional responsibilities

No less than three separate proposals currently pending before the Missouri General Assembly would adversely affect Missouri’s judiciary

Primary among the three proposals is House Joint Resolution 1, a proposed constitutional amendment that would remove state court jurisdiction in tax and spending issues. The Missouri Bar has stated its opposition to the proposal, expressing concerns that the measure would strip the public of its right to access state courts in many cases and threaten Missouri’s system of checks and balances

The Judicial Conference of Missouri has also taken a position in opposition to HJR 1. A statement issued by the group argues that passage of the proposed constitutional amendment would mean that “a business cannot challenge the amount of a property tax assessment made on it by a local political subdivision, because the court would lack the authority to deal with cases involving the levying of taxes or the allocation of resources. The court could not rectify any incorrect assessments. The local assessor is essentially no longer subject to review under this language.”

In addition, the Judicial Conference contends that the proposal ignores two other relevant state constitutional provisions. Article I, Section 14 states “that the courts of justice shall be open to every person, and certain remedy afforded for every injury to person, property or character, and that rights and justice shall be administered without sale, denial or delay.” And Article IV, Section 28 clearly states that no funds “shall be withdrawn from the state treasury except by warrant drawn in accordance with an appropriation made by law” and “the commissioner of administration … certifies that the expenditure is within the purpose as directed by the general assembly.”

On March 8, The Missouri Bar conducted a press conference in Jefferson City to refute inaccurate and unfair comments made by Missouri’s governor, lieutenant governor, and members of the legislature in connection with HJR 1. Joining Missouri Bar President C. Ronald Baird at the press conference were former Supreme Court of Missouri Chief Justice Ann K. Covington and University of Missouri-Columbia Professor Doug Abrams

“In addition to stripping from the public their rights for access to the courts, the arguments used to advance this constitutional change are inaccurate and unfair. The rhetoric stating that judges are unelected, fail to follow the Constiutiton, and could levy taxes against the people of Missouri are without merit,” Baird said. “The passage of HJR 1 would deny citizens of Missouri the right to a review of their disputes in state courts, forcing Missouri citizens into the federal courts for the review of these important rights. We cannot let politicians limit the access to justice – limiting the constitutional rights of our own citizens – by allowing them to decide the cases Missouri courts can and cannot hear. The courts in Missouri are accountable to the Constitution and Bill of Rights and not to politicians or special interest groups.”

Judge Covington, who in 2005 co-chaired a special Missouri Bar commission that established guidelines for when the bar should respond to unfair and inaccurate criticism of the judiciary, said, “No state court has ever levied or threatened to levy taxes – only the General Assembly can do that. Everyone in government knows that. What is the average Missourian left to think if this materially inaccurate statement goes without rebuttal?”

“House Joint Resolution 1 threatens to upset Missouri’s system of checks and balances for the first time in nearly 200 years,” Professor Abrams added. “I know of no other constitutional provision that has ever stripped jurisdiction from Missouri courts. And no Missouri court has ever levied or ordered a tax increase. . . . House Joint Resolution 1 is a solution looking for a problem.”

House Joint Resolution 1 was passed by the Missouri House of Representatives in early March, and was heard before the Senate Judiciary Committee on March 12

In addition to HJR 1, two other measures would also seriously affect Missouri’s judiciary. House Joint Resolution 12, which proposes a constitutional amendment requiring all impeachments to be tried by the Senate, rather than by the Supreme Court of Missouri, was voted “do pass” by the House Special Committee on General Law. Meanwhile, HJR 15 proposes a constitutional amendment establishing single eight-year terms for judges selected under Missouri’s non-partisan court plan a nd requires the governor’s appointments to the Supreme Court to be approved by the Senate.

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Court Appointed Special Advocates — Theirs is a Story Worth Telling

Some of the best sources for legal stories aren’t necessarily judges or lawyers. Missouri has about 1,000 non-lawyer volunteers who have gained first-hand experience with the interactions between the court system and children. These volunteers are ordinary Missourians who have gone through 40 hours of training to serve as Court Appointed Special Advocates (CASA). Their role is to stand up for the best interests of children who have been abused or neglected and whose fate is in the hands of the court system.

As volunteers, they give at least 10 hours each month, visiting teachers, interviewing relatives, and getting to know the child that a judge has assigned to them. Their opinion is highly valued by the judges, who must decide the child’s placement.

Nationwide, CASA has 948 program offices and 54,000 volunteers in almost every state. Missouri has 21 local CASA programs that are currently helping 2,000 children to have a better future. Funding is scarce for this non-profit organization. Although the program is needed throughout the state, less than half of all judicial circuits have CASA programs. “We don’t have programs in 25 of Missouri’s 45 circuits,” said Beth Dessum, executive director of the Missouri CASA Association. In Missouri, about 8,000 more children need volunteers, she said.

Below is a list of Missouri CASA programs:
 

Program Name/Address	Director	Circuit	Counties Served
Adair County CASA 210A South Osteopathy, Kirksville, MO 63501 660-626-2825 skrichardson@atsu.edu	Sandy Richardson	2nd	Adair
Third Circuit CASA Grundy County Courthouse 700 Main St., Suite 13, Trenton, MO 64683 Trenton: 660-359-2347 Bethany: 660-425-8102 Rita.Martz@courts.mo.gov	Rita Martz	3rd	Harrison, Mercer, Putnam, Grundy
Fifth Circuit CASA 802 Monroe, St. Joseph, MO 64506 816-901-1708; 1703 chris.huffman@courts.mo.gov	Chris Huffman	5th	Buchanan, Andrew
Clay County CASA 351 E. Kansas, Liberty, MO 64068 816-736-8400 janet.eddings@courts.mo.gov	Janet Eddings	7th	Clay
Douglass Community Services CASA Program 711 Grand Avenue, Hannibal, MO 63401 573-221-3892 x 227 Joanne@douglassonline.org	Joanne Schrader	10th	Marion, Monroe, Ralls
11th Circuit CASA Program 1700 S. River Road, St. Charles, MO 63303 636-949-7900 x 4564 Janelle.Walters@courts.mo.gov	Janelle Walters	11th	St. Charles
Heart of Missouri CASA Program 3610 Buttonwood Drive, Columbia, MO 65201 573-886-8986 heartofmissouricasa@hotmail.com	Elizabeth Beasley	13th	Boone
14th Circuit CASA 210 North Williams, Moberly, MO 65270 660-263-2970 Christi.Burton@courts.mo.gov	Christi Burton	14th	Randolph, Howard
15th Judicial Circuit CASA 1108 Main, Lexington, MO 64067 660-259-4236 casarobin@yahoo.com	Robin Connelly	15th	Lafayette, Saline
Jackson County CASA c/o Family Justice Center 625 E. 26th Street, Kansas City, MO  64108 816-842-2272 jim@jacksoncountycases-mo.org www.jacksoncountycasa-mo.org	TBA	16th	Jackson
Franklin County CASA, Inc.  411 E. Locust - Suite C, Union, MO 63084 636-583-4422 franklincasa@yhti.net	Glenda Volmert	20th	Franklin
CASA of St. Louis County 121 S. Meramec Ave., 2nd Floor, St. Louis, MO 63105 314-615-2908 aray@casastlcounty.org	Allie Chang Ray	21st	St. Louis County
Voices for Children St. Louis Juvenile Court 920 N. Vandeventer, St. Louis, MO 63108 314-552-2352 sbknapp@voicesforchildrenstl.org www.voicesforchildrenstl.org	Stephen Knapp	22nd	St. Louis City
CASA of South Central Missouri 200 N. Main St. Phelps County Court House, Rolla, MO 65401 573-458-6240 casaphel@fidmail.com www.casascmo.org	Judith Waters	25th	Phelps, Maries, Pulaski, Texas
CASA for Kids, Inc. 211 S. Main St. 316, Joplin, MO 64802-0699 417-625-1400 (office)	TBA	29th, 40th	Jasper, Newton, McDonald
CASA of Southwest MO 1300 Bradford Parkway, Springfield, MO 65814 417-875-7413 judy@casaswmo.org	Judy Doverspike	31st	Greene
CASA of Southeast MO P.O. Box 1131, Cape Girardeau, MO 63702 573-335-1726 vblades@capecasa.com www.capecasa.com	Valerie Blades	32nd	Cape Girardeau, Bollinger, Perry
CASA of the 36th Circuit 456 Township Line Rd., Poplar Bluff, MO 63901 573-686-6119 casa4kids@boycomonline.com	Donny Emmons	36th	Butler, Ripley
37th Judicial Circuit CASA P.O. Box 1030, West Plains, MO  65775 417-255-2100	Dianna Daniels	37th	Howell, Carter, Oregon, Shannon
Mid-Ozark CASA Program 500 N. Main, Salem, MO 65560 573-729-5599 casaexd@earthlink.net	Audra Aldridge	42nd	Dent, Iron, Reynolds, Crawford, Wayne