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DEF is a non-partisan, independent political blog based in the
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Peter Downs, President of the St. Louis Board of Education, today expressed disappointment that Cole County Circuit Court Judge Richard Callahan upheld the State's takeover of St. Louis Public Schools.
"We were all aware that Judge Callahan had a record of ruling against education for children in Missouri, but it was still hard not to hope that this time would be different," Downs said. "So, although this ruling was expected, it is still disappointing. This was never about us as board members, this was about fighting for better schools for city children."
Noting that most of the members of the present board were elected on promises to stop the demolition of public education that began in 2003, Downs said the state board of education took control of the district to continue the process of demolition.
"The reports from the state board of education, and the comments of top Republicans like Rod Jetton, made very clear that their chief goals for St. Louis were to close schools and cut spending for they wanted cheaper education, not better education. The state-appointed board's proposed school closings show that they are following that mandate," he said.
"In the coming weeks, we have to decide what are our best strategies for blocking continued cuts and fighting for quality education," he added.
The plaintiffs in the lawsuit, which includes individuals and the St. Louis Board of Education, have 30 days in which to decide if they want to appeal the decision. Downs said he expects the school board will decide at its meeting on February 12 whether it will join an appeal of Callahan's decision. That meeting will be at Carr Lane Middle School, 1004 N. Jefferson Ave.
In a ruling issued today, Cole County Circuit Court Judge Richard Callahan gave state education officials a clear victory involving last year’s decision to strip the St. Louis Public Schools of accredited status.
“We are gratified with today’s decision by Judge Callahan,” said Commissioner of Education D. Kent King. “This ruling affirms the State Board of Education’s decision regarding the St. Louis school district. Every one of the district’s efforts to overturn the board’s accreditation decision was rejected by the judge.”
In March of 2007, the State Board of Education declared the St. Louis Public Schools to be unaccredited, after concluding that the district had met only four of the state’s 14 academic performance measures. That decision took effect on June 15, 2007, allowing the state to remove the local board of education and replace it with an appointed, three-person special administrative board.
At a hearing in Judge Callahan’s court last October, the elected St. Louis school board sought to overturn the State Board of Education’s decision. The district claimed numerous technical, legal and constitutional reasons why the accreditation decision should be reversed.
In today’s ruling, Judge Callahan stated: “Based upon the facts presented at trial, the credibility of the witnesses presented to the Court, and the totality of the circumstances facing the State Board of Education, this Court finds that the State Board of Education’s accreditation decision was reasonable, that it was amply supported by the facts, and that it was neither arbitrary nor capricious.”
In addition, the ruling specifically upholds the authority of the special administrative board to govern the St. Louis Public Schools, in place of the elected board of education.
“This case provides clear confirmation of the state’s authority to set and enforce accreditation standards which are designed to protect the educational interests and welfare of children in every school district,” King said.
From St. Louis Public Schools:
Today Judge Richard Callahan of the Cole County Circuit Count ruled that the state legally had the right to name the Special Administrative Board (SAB) to govern the St. Louis Public Schools. In his 61-page ruling, Callahan agreed with the state on all claims.
Most notably, Callahan ruled that the Special Administrative Board assumed complete control of SLPS operations on June 15, 2007. State law allows the elected board only the powers of “auditing and public reporting.” Elected board members may continue to meet, as well as to monitor and report on district activities.
Today’s court ruling – according to SAB members – reaffirms that the appointed board governs the St. Louis Public School District. The Special Administrative Board is made up of Rick Sullivan, Melanie Adams, and Richard Gaines.
The SLPS elected board made more than a dozen claims, among them:
- The law providing for the creation of the SAB and the Transitional School District for the City of St. Louis was unconstitutional.
- The process that the State Board followed in removing the SLPS’ accreditation was unlawful.
- The appointment of Rick Sullivan, chief executive officer of the Special Administrative Board, was improper.
- The elected board retained governing authority over the SLPS, even after the district lost its accreditation.
SAB members hope that today’s ruling will answer all questions concerning governance of the district. The appointed board says it wants to put the legal issues behind and move forward with its primary mission – the education of children.
The Post-Dispatch reports today that Representative Nathan Cooper (R-Cape Girardeau) will resign from the legislature within weeks. The resignation comes after Cooper pleaded guilty to visa fraud and making a false statement to the Department of Labor.
Cooper used his power as an immigration lawyer to obtain and falsely extend visas for foreign truck drivers, most of whom came from New Zealand.
The Post-Dispatch further reports that Cooper committed the crimes “With no connection to his elected duties or his close association with Governor Matt Blunt.”
Cooper is now facing 30 to 37 months in jail.
Governor Blunt said he will set a special election for Cooper’s seat.
The State Supreme Court has restored limits on campaign contributions. But it has left up in the air, at least for now, if those large donations must be returned — something that is next to impossible to fully occur considering how much money candidates have already spent (Pssst, if you haven't already spent it, do it fast!).
The court ruled in favor of Webster Groves Democrat James Trout, who filed his case challenging the lifting of limits after losing his campaign for state rep last year. We sat down with Trout back in January to talk about his lawsuit.
It's important to note that the court's ruling was unanimous and was written by conservative judge Stephen Limbaugh.
One additional thought: You can't give it back if it's already spent (hint-hint). Have you ever seen the movie "Brewster's Millions"?
Gov. Matt Blunt today appointed Jackson County Drug Court Commissioner Brian Curtis Wimes to Circuit Judge of the 16th Circuit - Division 18 to replace Judge Jon Gray, who retired.
Judge Gray was appointed by then-Gov. John Ashcroft to circuit judge in 1986 and was the first African American to serve the 16th Circuit. Wimes is also African American.
"We must work to ensure that all Missourians are represented in their government and that in all cases qualified Missourians are elevated to service," Blunt said. "Brian Wimes’ experience overseeing the county’s drug court and his dedication to public service and the law of our state will be invaluable as he assumes this new role. Missourians can be proud he has agreed to serve in this capacity."
Mr. Wimes, 41 of Kansas City, has served as Jackson County Drug Court Commissioner for more than five years. He previously worked in the Jackson County prosecutor’s office, where he was named Rookie Prosecutor of the Year and received national honors. He also worked for the U.S. Department of Justice, Bureau of Prisons, Litigation Branch. Mr. Wimes earned his bachelor’s degree in political science from the University of Kansas and a law degree from Texas Southern University.
Mr. Wimes is an active community participant. In 2002, he was honored as a member of Ingram’s Magazine’s “40 under Forty”. He is a member of St. Monica’s Catholic Church, on the board of directors for the Hope House Domestic Violence Shelter and has participated in Big Brothers Big Sisters.
Mr. Wimes was one of three candidates for the circuit judge position sent to Blunt by the 16th Judicial Commission, which accepts applications and selects candidates to fill judicial vacancies within this circuit. The governor can only appoint one of the three candidates submitted to him by the commission.
The five-member 16th Judicial Commission is made up of the chief judge for the Western Court of appeals, two attorney’s elected by the Missouri Bar, and two gubernatorial appointees.
You can't hate on a brother for trying to make some dough before his twilight years.
The Post-Dispatch confirms 53-year-old former Missouri Supreme Court Chief Justice Ronnie White is joining the law firm of Holloran and Schwartz — and as a partner, no less. From Jake Wagman's post:
One of the firm’s partners is Jim Holloran, a personal injury attorney who is probably better known for his Soulard tavern, McGurk’s, where White was to be feted Friday — his last day on the bench — to celebrate the new gig.
Holloran and Co. also offered another toast to the former head judge: the firm will now be known as Holloran, White & Schwartz.
Honoring Missouri's First: In 1995, Missouri Governor Mel Carnahan named the first African-American to the Supreme Court. Last week marked a milestone for St. Louis native, Justice Ronnie White, who resigned from the state's highest court. Recently friends from the judicial, civic and business communities came to pay tribute to retired Justice White at a farewell bash at McGurk's Irish Pub and Garden. Here (left to right) St. Louis juvenile commissioner Anne Clark, and Alderwoman Marlene Davis watched former Missouri Supreme Court Justice Ronnie White accept a proclamation from Charles Bryson, executive assistant to St. Louis Mayor Francis G. Slay, who was on vacation. (Photo and caption by Gentry Trotter)
KWMU is reporting that a judge this morning temporarily barred a law that would let lay midwives deliver babies in Missouri.
Cole County Circuit Judge Patricia Joyce has issued a temporary restraining order against the midwives law. She scheduled an Aug. 2 hearing to consider a preliminary injunction. The bill is scheduled to take effect on Aug. 28.
The midwives provision was secretly attached by state Sen. John Loudon (R-Chesterfield) to legislation intended to make health insurance more affordable and accessible to some Missourians.
Several doctors groups sued. They claim the midwife language violates the Missouri Constitution by going beyond the bill's health insurance title and by changing the bill's original purpose.
Midwifery is currently punishable by prison time in Missouri.
Here is an interview we did with Sen. Loudon shortly after the controversy broke:
Click here to download the Cole County Circuit Judge Richard Callahan's ruling (via the Post), which denied St. Louis Public Schools a restraining order.
Some highlights:
"With absolutely no disrespect intended to the current superintendent and her staff, the Court does not find that the petitioners have carried their burden of proving their position on this issue to be superior. Lastly, on the basis of the evidence presented thus far, the Court finds that the [State Board of Education's] decision to declassify the District as unaccredited was not arbitrary or capricious, was supported by substantial and competent evidence, including a financial report on the District by Geraldine Ogle, the performance standards report by Becky Kemna, and the earlier report issued by the Special Advisory Committee. While the Court acknowledges that Petitioners' argument on the regulation issue may have some merit, the Court is unable to say at this time that petitioners are likely to prevail on the merits of their lawsuit.
"Accordingly, Petitioners' motion for a temporary restraing order is denied."
UPDATE...Arguments are still being made by attorneys from both sides in Cole County Circuit Judge Richard G. Callahan's courtroom as opponents of the state takeover of St. Louis Public Schools push for a temporary restraining order.
Callahan has until Friday, the day the state is scheduled to strip SLPS of its accreditation, to make his decision.
The Missouri Supreme Court has reversed a lower court's decision that would have allowed the City of Clayton to use eminent domain to aid the $200 million downtown expansion of Centene Corporation.
Today the high court ruled that neither Centene nor Clayton had sufficiently proved the affluent area is indeed blighted.
Noting that the state definition of "blighted area" requires that certain portions of the city "by reason of age, obsolescence, inadequate or outmoded design or physical deterioration have become economic and social liabilities," the Court ruled today that the evidence of social liability was "insufficient."
In a dissenting opinion, Justice Ronnie White, who is retiring next month, wrote "I respectfully dissent. In my view, Centene presented sufficient evidence from which the City of Clayton reasonably could have determined that the redevelopment area had become an "economic and social liability." Click here to read the ruling.
School District attorneys will be in the Cole County Courthouse Wednesday making the case that the State Board of Education acted outside of the law when it voted to strip St. Louis Public Schools of its accreditation.
Circuit Judge Richard G. Callahan will hear the case and will be asked to impose an injunction preventing the creation of the Transitional School District which is scheduled to takeover the city's schools on Friday.
The case will be heard Wednesday on the 2nd floor of the Cole County Courthouse, 301 East High Street, in Jefferson City.
Following yesterday's ruling by the 8th U.S. Circuit Court of Appeals that Missouri's practice of execution by lethal injection is not cruel or unusual punishment, Governor Matt Blunt voiced his agreement with the Court's decision.
"In the interest of protecting Missourians, I am pleased the court ruled in favor of the state’s limited, reasonable and effectively enforced death penalty and I am directing the Department of Corrections to prepare execution procedures in compliance with the ruling," said Blunt.
The ruling by the three-judge panel allows for the resumption of executions in Missouri, overturning the moratorium placed by U.S. District Judge Fernando Gaitan prior to and during the Circuit Court case.
Missouri Supreme Court Judge Ronnie White announced today that he will retire effective July 6, ending a week of speculation and rumors.
"I congratulate Judge Ronnie White for many years of service," said Gov. Matt Blunt in a statement. "I have certainly appreciated my opportunities to visit with him over the past few years. Melanie and I wish Judge White the very best in his retirement."
"I am committed to appointing a Missouri Supreme Court judge who will faithfully interpret our constitution and will not legislate from the bench," said Blunt.
A new blog on the scene, the Missouri Political News Service, is reporting a rumor from what it says are "credible sources" that Missouri Supreme Court Judge Ronnie White will announce his retirement in the coming weeks.
"Our tipster also tells us that Judge White will join the Halloran Law Firm in St. Louis," says the blog. According to the MPNS source, White's retirement will be effective July 1st.
Sitting in the corner of a busy St. Louis Bread Company, James Trout recently talked to Pub Def about his lawsuit that has resulted in Cole County Circuit Judge Richard Callahan temporarily blocking the new ban on fundraising during the legislative session.
A hearing will be held on Friday, March 2, to determine whether to make the ban permanent and to throw out the rest of the campaign finance law, including the elimination of contribution limits.
The Missouri Supreme Court issued a ruling today allowing the proposal which seeks to raise the state's tobacco tax more than 400% to pay for health services to stay on the November ballot.
In a unanimous decision the court ruled that the reasons given by local election authorities for not allowing more than 1,000 valid signatures onto the petition were not good enough to prevent its certification.
"Although the implementing statutes are required to be followed, failure to adhere to mere technical formalities should not deny the people the power to propose changes to our laws or amendments to our constitution," said the ruling.
"Substantial compliance with the implementing statutes is all that is required."
The Missouri Supreme Court will address the controversial voter photo identification requirement today. Last month, a Cole County judge struck down the new law as Unconstitutional. At a town hall meeting in south St. Louis last night, Sec. of State Robin Carnahan, the state's chief elections officer, said she was confident that the Court will agree with the lower court's ruling.
Carnahan spoke at a neighborhood meeting hosted by State Rep. Rachel Storch (D-64). Aldermanic Board Pres. Jim Shrewsbury also addressed the group of about 60 people, mostly elderly, informing them about the various charter amendments, referendums and initiatives that will appear on the Nov. 7 ballot, just as he did last week in Tilles Park (click here to see that video).
Judge Strikes Down Voter ID Law [Updated x3 with Video]
By Antonio D. French
Filed
Thursday, September 14, 2006 at 5:16 PM
BREAKING NEWS
A judge has just struck down Missouri's law requiring voters to present a photo ID before they can cast a ballot. A restraining order has been issued preventing the Secretary of State's office from implementing the requirement.
Developing...
UPDATE: Circuit Court Judge Richard G. Callahan today ruled the Missouri Voter Protection Act Unconstitutional, saying it "constitutes an impermissible additional qualification to vote in violation of Article VIII, Section 2 of the Missouri Constitution."
Callahan also said it represented an "undue burden to the fundamental right to vote," it violated the prohibition on interference with the "free exercise of the right of suffrage" and the requirement that "all elections shall be free and open", and by requiring payment of money to vote, it violated the Due Process and Equal Protection Clauses of the state constitution.
A statement from the Secretary of State's office is expected soon. And check back later for an interview we did earlier today -- before the ruling -- with the new chair of the St. Louis City Board of Elections, Kimberley J. Mathis. We talked briefly about the photo ID law.
A Circuit Court judge today ruled against the group seeking to recall 3rd Ward Alderman Freeman Bosley, Sr. The judge ruled that the St. Louis City Board of Elections does have the right to allow signers of the petition to have their names removed from the petition by way of a signed affidavit.
Bosley and his supporters succeeded in getting hundreds of signers to opt to have their names removed -- enough, in fact, to leave the petition well short of the required number of valid signatures.
A Circuit Court judge has upheld School Board member Bill Purdy's right to sit on the board. Purdy was being sued by two fellow board members, Flint Fowler and Ron Jackson, and 47 other citizens, including fired Vashon basketball coach Floyd Irons. The lawsuit claimed Purdy was serving on the board illegally and should be removed.
The issue was whether a person can run for the school board if he or she has relatives who work in the district. Two of Purdy's daughters and a grandson are teachers in the district. A recent change in state law allows school board members to serve even if they have family working in the system. But the school board bylaws still say that is illegal.
Those bylaws have not been amended to reflect the state law. But today's ruling by Judge Steven R. Ohmer affirms Purdy's assertion that state law trumps board bylaws.
Had Purdy lost the suit and was forced to give up his seat, Mayor Francis Slay would have appointed his replacement, shifting the balance of power on the school board for the second time in six months.
In the November general election, Missouri voters will determine whether Non-Partisan judges whose names are on their ballot should be retained for another term. To help them decide, The Missouri Bar has provided information they feel is important in making those decisions.
Members of The Missouri Bar have evaluated each of the judges who will be standing for retention this fall and the evaluations are now online at www.showmecourts.org.
In St. Louis County, the Bar recommended two judges, Judy Preddy Draper and Brenda Stith Loftin, not be retained. Click here to see those recommendations.
Click here to download the Bar's recommendations for St. Louis City Circuit Judges. And click here for Associate Circuit Judges.
Mayor Francis Slay took the stand today in the trial of Percy Green vs. The City of St. Louis. He testified -- as did his deputy, Barb Geisman, yesterday and his chief of staff, Jeff Rainford, later this morning -- that Green was not fired in retribution for comments he made in a June 17, 2001 article in the Post-Dispatch.
Percy Green contends that he was fired as director of the Minority and Women Owned Business Enterprise (MBE/WBE) Certification program because he was openly critical of what he told the Post was a "broken system." He also said this week that Slay wanted to weaken the office "because his major political contributors are owners of businesses that stand to profit from doing business with illegitimate 'front' companies."
Closing arguments in the case are expected around 12:30 after which Judge Jean C. Hamilton will hand the case over to a jury of 7 whites and 1 black. We expect a verdict later today.
Developing...
UPDATE: The jury found in favor of the City of St. Louis. Green says he has not decided yet if he will appeal.
State Rep. Sherman Parker, who is running against Congressman Todd Akin in Tuesday's Republican primary, was arrested this week for failing to appear in court for two tickets. Parker was released on $100 bond.
Read Jake Wagman's arresting story in tomorrow's Post-Dispatch.
UPDATE: Parker has posted a statement regarding this incident in the comments section of this post. Sounds like this might be a double case of DWB (Driving While Black) in St. Charles and ridin' dirty (in this case, driving with an outstanding warrant).
Sources tell PUB DEF that the lawsuit to remove Bill Purdy from the school board will not be heard today. The hearing has been postponed for several weeks to late August.
KTVI Channel 2 is reporting that a lawsuit is being filed by citizens on behalf of former Superintendent Creg Williams and former Vashon basketball coach Floyd Irons, who were both were fired last week. The lawsuit reportedly seeks to remove board member Bill Purdy.
Channel 5 reporter Sharon Stevens gives a little more detail. She reports Purdy is being sued by fellow board members Flint Fowler and Ron Jackson and 47 other citizens, including Floyd Irons. The lawsuit claims Purdy is serving on the board illegally and should be removed.
KSDK reports the issue being whether a person can run for the school board if he or she has relatives who work in the district. Two of Purdy's daughters and a grandson are teachers in the district. A recent change in Missouri state statutes allows school board candidates to serve, even if there is family working in the system.
But according to Stevens, the school board bylaws still say that is illegal. Those bylaws have not been amended to reflect the state law and that is what the lawsuit is based on.
District Judge Fernando Gaitan, Jr. today ordered the State of Missouri to halt all executions until its procedures are reviewed.
The Associated Press is reporting that the judge said those procedures presented an "unnecessary risk" of "unconstitutional pain and suffering" to inmates on death row.
The decision could mean some extra time for Reggie Clemons, whose case supporters had previously planned to meet tonight to discuss. The Justice for Reggie campaign meeting is tonight at 7:00 at the Legacy Bookstore, 5249 Delmar Blvd.
Legendary activist Percy Green was found not guilty today on charges of resisting arrest stemming from a November 2003 incident in which Green was forcibly removed from a public meeting of the St. Louis Board of Education.
Judge James Walls cleared Green after hearing testimony on his behalf from school board member William Purdy, Teachers' Union VPs Byron Clemons and Beth Faust.
The State of Missouri will no longer pursue appealing a recent court decision that allowed a lesbian couple to adopt their foster child.
Attorney General Jay Nixon said that when Gov. Matt Blunt signed a bill which repealed the state law that banned sexual contact between two people of the same sex, the case became moot.
A story on Missourinet.com reports that the Social Services Department has objected to dropping the appeal. "A spokesman says it will quickly write a new rule dealing with foster care licensing and how gay applicants are to be treated," said the story.
"The Department had cited the same-sex sexual contact law as a primary reason for denying the lesbian couple a chance to adopt a child, saying one of the women was not of reputable character - although she has a degree in human and family development, with a specialty in children."
Supreme Court Justice Antonin Scalia will be in town Wednesday, May 3.
Scalia will attend a Law Day Mass at the Old Cathedral in downtown St. Louis at 11:00 a.m. Following mass, he will be a featured speaker and honoree at the annual Law Day luncheon hosted by the Bar Association of Missouri-St. Louis (BAMSL) at noon at the Adams Mark Hotel.
The Justice will visit with members of the Federalist Society at a private reception at 1:30 p.m. at the Missouri Athletic Club.
It is rumored that Scalia will have a private meeting with Archbishop Raymond Burke before the mass. No details on the agenda, if there is one.
Court: Law forbiding ex-cons from running for office is Unconstitutional
By Antonio D. French
Filed
Tuesday, April 25, 2006 at 3:04 PM
In a unanimous decision issued today, the Missouri Supreme Court upheld a lower court's decision striking down a law prohibiting people convicted of federal crimes from running for elective office.
The trial court had found that the section violated equal protection. The Supreme Court found that the section violated the state constitution's single-subject requirement pertaining to bills.
From the summary: In 2005, the general assembly passed and the governor signed into law House Bill No. 58. As introduced, HB 58 repealed seven sections and enacted seven sections "relating to political subdivisions." The particular subdivisions originally covered were county finances, budget and retirement systems as well as city or district sewerage systems and waterworks.
As passed, HB 58 repealed 130 sections and added 165 new sections to the state statutes. One of the sections added to HB 58 was a section that provided that no one convicted of a federal misdemeanor or felony qualifies as a candidate for elected office in Missouri.
Henry Rizzo, a member of the Jackson County legislature, filed a declaration of candidacy to seek re-election to his office. In 1991, Rizzo pleaded guilty to the federal misdemeanor of providing a false statement to a financial institution. The state sought to disqualify Rizzo for running for re-election pursuant to section 115.348. Rizzo and two Jackson County voters sued, challenging the statute's constitutional validity.
