Missouri Supreme Court Archives

Missouri Supreme Court hears arguments in key case involving 2018 labor bill

November 17, 2020 By Brian Hauswirth

The Missouri Supreme Court heard remote oral arguments on Monday afternoon in a key case involving public-sector employee labor laws.

The Supreme Court heard 36 minutes of arguments in a complicated case that involves a 2018 Missouri bill, that was sponsored by State Rep. Jered Taylor, R-Nixa. Republicans describe that bill, House Bill 1413, as paycheck protection, while Democrats view it as anti-labor.

In January, St. Louis County Circuit Judge Joseph Walsh III declared the bill “void in its entirety,” and prevented any of its provisions from being enforced. The state appealed.

Solicitor General D. John Sauer says the trial court erred several times, and emphasizes that no provision of the bill violates public employees’ rights to bargain collectively.

“There’s unrefuted, unrebutted evidence in the summary judgment record in this case that the plaintiffs submitted no evidence at all to refute that directly addresses how the various provisions of House Bill 1413 do protect in advance employees’ ability to select representatives of their own choosing,” Sauer tells the court.

You can read the full 146-page brief submitted by Solicitor General Sauer here.

Seven labor unions that represent public sector employees in Missouri disagree with Mr. Sauer, and are asking the state Supreme Court to affirm Judge Walsh’s decision. Those unions include the Missouri National Education Association, Ferguson-Florissant National Education Association and the Laborers’ International Union of North America, Local Union Number 42.

National Education Association attorney Jason Walta, who represented the plaintiffs at the Missouri Supreme Court, says the 2018 bill dramatically curtails public-sector collective bargaining.

“I think that the trial court wrote a very thoughful and excellent decision in this matter. He (Judge Walsh) considered the issues very carefully, and I think that it’s a decision that’s worthy of this court’s affirmance,” Walta tells the Supreme Court.

Counselor Walta says the bill infringes on the rights of employees to bargain collectively. You can read the full 103-page brief submitted by Counselor Walta here.

Because of COVID concerns, Missouri Supreme Court Chief Justice George Draper III was the only judge in the Jefferson City courtroom on Monday. The other six Supreme Court judges participated remotely, as did Counselors Sauer and Walta. Capitol reporters listened to the arguments remotely.

There is no timeframe on when the Supreme Court will issue a decision.

Missouri Supreme Court hears notary requirement arguments; no word on when court will rule

October 6, 2020 By Brian Hauswirth

The Missouri Supreme Court heard remote oral arguments on Tuesday afternoon in an appeal that aims to remove a notary requirement for mail-in voting for the November general election.

In April, the Missouri NAACP, the League of Women Voters and three registered voters sued the state, Secretary of State Jay Ashcroft (R) and others, arguing that the steps to vote by mail during a pandemic are unconstitutional.

The Missouri NAACP and its ACLU attorneys say Cole County Circuit Judge Jon Beetem erroneously upheld the notarization requirement, and they also express concern about a scarcity of notaries.

Missouri Solicitor General D. John Sauer disagrees with that. Counselor Sauer argued on behalf of the state and Secretary Ashcroft.

“The trial court (Cole County circuit court) pointed out that there are, even on plaintiff’s calculation, there are 44,000 notaries in the state of Missouri available to notarize absentee ballots. And there are hundreds of notaries in the secretary of state’s volunteer program,” Sauer tells the court.

He says invalidating the notary requirement is not realistic because voting by mail began on September 22. He says changing the rules midway through the process would subject Missouri voters to different legal requirements during the same election cycle.

Sauer also says invalidating the notary requirement would require reprinting of absentee and mail-in ballot envelopes across Missouri.

The ACLU disagrees with Sauer. They also say that the Cole County circuit court committed multiple errors and erroneously upheld a notarization requirement that imposes burdens on Missourians who are seeking to vote during a global pandemic.

ACLU Foundation attorney Sophia Lin Lakin argued the case on Tuesday.

“No voters will be subjected to different standards here. All voters would exercise their fundamental right under the same standard: having their ballots counted regardless of notarization,” Lin Lakin tells the court.

Some physicians and epidemiologists have filed as friends of the court. They say requiring voters to have absentee ballots notarized present unavoidable increased risks of transmitting the virus that causes COVID.

The ACLU also says Judge Beetem has misapplied a federal case that’s never been applied in Missouri.

There is no word on when the Missouri Supreme Court will rule. One of the questions the Supreme Court is considering is whether the Cole County circuit court failed to consider evidence of burdens associated with requiring ballots to be notarized.

Missouri lawmakers approved the legislation on the final day of session in May. House Democrats were successful in having a photo ID provision removed, in a compromise with Republicans. The legislation from State Rep. Dan Shaul, R-Imperial, has two but separate options.

The first expands absentee voting to those 65 and older, or who are vulnerable to COVID-19, such as elderly residents. Notarization is not required for those 65 and older or who are vulnerable.

The second option expands voting by mail for everyone, but requires notarization.

Click here to read the 128-page brief from the Missouri NAACP, League of Women Voters, ACLU and others.

Click here to read the 121-page brief from Missouri Attorney General Eric Schmitt’s office, from Solicitor General D. John Sauer.

Missouri Supreme Court to hear lawsuit over election notary requirement

October 5, 2020 By Alisa Nelson

The Missouri Supreme Court is scheduled to hear an appeal Tuesday that aims to remove a notary requirement for mail-in voting in the November General Election.

The Missouri Supreme Court

In April, the Missouri NAACP, the League of Women Voters and three registered voters sued the state, the secretary of state and local election officials arguing that the steps to vote by mail during a pandemic are unconstitutional. They say the new state law requiring many voters to get a notary could put their health and the health of others at risk during the COVID-19 outbreak.

Last month, Cole County Circuit Court Judge Jon Beetum dismissed the case. He pointed to an expert the League provided during the trial admitting that social distancing and other precautions are consistently effective in preventing the spread of COVID-19.

The challengers then appealed the case to the high court.

Ballot envelopes for absentee and mail-in voting have already been printed and are being mailed.

Missourinet plans to cover the hearing.

Western Missouri judge decides on key slot machine case

September 24, 2020 By Brian Hauswirth

The controversial issue of slot machines could end up going to the Missouri Supreme Court in Jefferson City.

The “St. Joseph News-Press” reported today that a judge in western Missouri’s Platte County ruled that two “no chance” slot machines found at a Parkville convenience store violate state gambling laws. Judge Thomas Fincham found the company, Integrity Vending of Kansas, guilty of felony promoting gambling by setting up and operating a slot machine.

That’s a class E felony. Judge Fincham has scheduled a November 23 sentencing hearing in Platte City. The “News-Press” reports Integrity Vending could face a fine of $10,000.

Platte County Prosecutor Eric Zahnd prosecuted the case. He says despite the fact that the slot machines are seen in many Missouri convenience stores and gas stations, they are illegal slot machines, from his perspective.

Zahnd, who was first elected in 2002, has the longest tenure of any elected prosecutor currently serving the Kansas City metro.

The slot machine issue was the subject of at least three hearings in late 2019 by the Missouri House Special Interim Committee on Gaming, which was chaired by State Rep. Dan Shaul, R-Imperial.

During an October 2019 hearing, Chairman Shaul predicted that whichever sides loses the Platte County case would appeal to the Missouri Supreme Court.

The Missouri State Highway Patrol testified at that hearing, saying the number of complaints about illegal gambling in Missouri quadrupled in 2019. Most of those complaints were about alleged illegal slot machines.

The Missouri Gaming Commission testified in 2019 that any illegal gaming machines used in Missouri negatively impact casinos and the state Lottery, reducing taxes and funding for education and veterans.

Missouri court says redistricting plan’s summary language has ‘major problems’

August 31, 2020 By Alisa Nelson

The Missouri Court of Appeals says part of the summary language for the Amendment 3 November ballot measure has “major problems” and needs new wording. In a written court decision Monday, the three-judge panel says the description, written by the Republican-controlled Legislature, “fails to acknowledge” what the amendment would do, which is to “substantially modify, and reorder the districting criteria approved by voters” in 2018.

Missouri court says legislative redistricting plan’s ballot summary language has ‘major problems’

The court unanimously ordered the summary to explain that the measure would transfer responsibility for drawing districts from a non-partisan demographer to Governor-appointed bipartisan commissions. It does not have a problem with language on the provisions detailing paid lobbyist gift restrictions and campaign donation limits.

On August 17, Cole County Judge Patricia Joyce ordered the ballot summary to be changed because she said the language is “misleading, unfair, and insufficient” and therefore in violation state law. She submitted a description that went further in explaining the lobbyist and campaign gift restrictions.

The “No on Amendment 3” campaign sued some state officials over the language. The state could ask to have the case transferred to the Missouri Supreme Court.

According to Missouri Secretary of State spokesperson Maura Browning, the language must be finalized by September 8 for the November ballot.

Missouri court hears lawsuit again about mail-in voting law

July 8, 2020 By Alisa Nelson

Cole County Circuit Court Judge Jon Beetum is considering a lawsuit designed to let all Missouri voters cast a ballot by mail this year without a notarized signature. The NAACP of Missouri and the ACLU of Missouri are suing the state and contend that a new law requiring some voters to get a notary could put their health and the health of others at risk during the COVID-19 outbreak.

Missouri court hears lawsuit again about mail-in voting law

Beetum dismissed the case in May and said the groups did not state a claim. He went on to say they are trying to get widespread absentee voting for all future elections. The case was then appealed to the Missouri Supreme Court and the high court reversed Beetum’s decision. It said the groups actually stated a claim.

Plaintiffs want the court to block the notarization requirement in Senate Bill 631. Under the plan, all registered Missouri voters can mail in their ballot this year, if requested, and the ballot envelope must be notarized.

Absentee voters can cast a ballot without a notary if:

Incapacitated or confined due to illness
Having contracted the coronavirus or at-risk due to the following:
*Age 65 or older
*Immunocompromised
*Living in a long term care facility
*Diabetes
*Chronic lung disease/asthma
*Serious heart condition
*Liver disease *Chronic kidney disease and undergoing dialysis

All other absentee voters will be required to get a notary.

The governor has signed an executive order allowing electronic notarization.

The key witness for the plaintiffs, Dr. Hilary Babcock, a medical professor from Washington University in St. Louis, says the safest way to vote is not to leave home and instead vote by mail. But she says getting ballots authorized through a notary is safer than voting in person. If voters use public transportation to get to the polls, Babcock says those voters increase the chances of getting the virus.

Arguing for the state, Missouri Solicitor General D. John Sauer, raised the point that some notaries already have a porch or window-separated notary option. He also questioned Babcock about using safety measures while voting in person. Babcock says using social distance, frequent hand washing and wearing masks could help to minimize the risks of getting the virus. But she says they are not as safe as staying confined.

Today’s court hearing came with some technical glitches, causing the hearing to last more than three hours. Plaintiffs used a video conference platform to dial into the hearing. Understanding what they were sometimes saying did not always come easy. The Missouri Attorney General’s Office represented the state in-person.

Beetum could rule on the case at any time. Missouri’s primary election is on August 4.

Missouri Supreme Court rules Legislature unconstitutionally stripped Medicaid funding to Planned Parenthood

June 30, 2020 By Alisa Nelson

The state Supreme Court has ruled today the Missouri Legislature violated the Constitution when lawmakers blocked Medicaid funding to Planned Parenthood. The Republican-controlled General Assembly’s budget writing tactic has defunded the organization more than $1 million since 2018. In the 6-1 high court decision, Judge Zel Fischer was the only one siding with the state in the case.

Missouri Supreme Court rules Legislature unconstitutionally stripped Medicaid funding to Planned Parenthood

During a December court hearing about the case, attorney Chuck Hatfield, who represented Planned Parenthood, said Republican lawmakers do not want to give funding to doctors affiliated with Planned Parenthood. He said the Legislature cannot pick and choose which Medicaid providers it is going to give the funding to.

Missouri Solicitor General D. John Sauer argued that lawmakers went by the book.

Planned Parenthood has 11 clinics in Missouri, but the St. Louis location is the only one that provides abortions. The locations offer other services to low-income Missourians, including birth control and cancer, diabetes, high blood pressure and cholesterol screenings.

Missouri Supreme Court sending absentee voting case back to Cole County Circuit Court

June 23, 2020 By Brian Hauswirth

The Missouri Supreme Court issued a decision on Tuesday involving absentee voting, ruling that a lawsuit that aims to allow all Missourians to cast absentee ballots without notarization in 2020 can proceed.

Missouri Supreme Court Chief Justice George Draper takes notes on June 15, 2020, while listening to oral arguments in the absentee voting case (photo courtesy of Missouri Supreme Court communications counsel Beth Riggert)

The Supreme Court is sending the case back to Cole County Circuit Judge Jon Beetem. The decision means the lawsuit from the NAACP of Missouri and the ACLU of Missouri can proceed.

The circuit court dismissed the lawsuit, finding that the plaintiffs failed to state a claim on which relief could be granted. The Supreme Court reversed that decision, finding the plaintiffs had stated a claim and remanded the case to the circuit court so the parties can proceed.

The organizations filed a lawsuit in mid-Missouri’s Cole County, challenging the constitutional validity of absentee voting legislation that was approved by the Missouri Legislature on the final day of session in May.

Governor Mike Parson (R) signed the legislation from State Rep. Dan Shaul, R-Imperial, in June. It expands voting by mail through the rest of 2020. There are two but separate options under the bill.

The first option has been non-controversial, and is not part of the lawsuit. That option expands absentee voting to those 65 and older, or who are vulnerable to COVID-19. Elderly people are considered at greater risk. Under the bill, notarization is not required for those 65 and older or who are vulnerable.

The second option is the key part of the lawsuit. It expands voting by mail for everyone in 2020, but requires notarization.

The Missouri Supreme Court heard oral arguments in the case on June 15.

During those oral arguments, Sophia Lin Lakin, who argued the case, told the Supreme Court that requiring some voters to get a notary could put their health and the health of others at risk, during the COVID-19 pandemic.

“SB 631 still requires voters whom the Legislature did not deem at-risk for COVID or those caring for others who may be at risk, to comply with the notary requirement in order to vote by mail,” Lakin argued on June 15.

But state Solicitor General D. John Sauer, who represents the state attorney general’s office and Secretary of State Jay Ashcroft, disputed that.

“A bad flu season does involve tens of thousands of deaths nationwide,” Sauer told the Supreme Court last week. “But nobody has ever contended that fear of contracting or spreading the flu is a statutory ground to cast an absentee ballot in Missouri.”

Sauer also argued in court that the NAACP and the League of Women Voters lack associational standing in this case.

Lin Lakin praises Tuesday’s ruling, saying “this decision is a big victory for Missouri voters.”

Click here to read the 73-page legal brief from the NAACP of Missouri, the ACLU of Missouri and others.

Click here to read the 85-page legal brief from state Solicitor General D. John Sauer.

State Supreme Court hears lawsuit about expanded absentee voting this year

June 16, 2020 By Alisa Nelson

The state Supreme Court is considering a lawsuit designed to let all Missouri voters cast a vote by mail this year without a notarized signature. Under a bill signed into law this month by Gov. Mike Parson, Missouri voters can vote absentee during this year’s August and November elections only, but some are required to get a notary.

State Supreme Court hears lawsuit about expanded absentee voting this year

Those who have contracted or are at-risk of getting COVID-19 can cast an absentee ballot without notarization. All other voters can mail in their ballot without an excuse, but they must submit a notarized statement.

During oral arguments Tuesday, Sophia Lin Lakin, who is representing the NAACP, says requiring some voters to get a notary could put their health and the health of others at risk during the coronavirus pandemic.

“SB 631 still requires voters whom the Legislature did not deem at-risk for covid or those caring for others who may be at risk, to comply with the notary requirement in order to vote by mail,” she says.

Assistant Missouri Attorney General D. John Sauer fired back.

“A bad flu season does involve tens of thousands of deaths nationwide. But nobody has ever contended that fear of contracting or spreading the flu is a statutory ground to cast an absentee ballot in Missouri,” says Sauer.

Lakin says the state already allows voters to cast an absentee ballot without a notary for multiple reasons.

“The sky hasn’t fallen and there is no indication that it would so here either,” she says.

The NAACP appealed its case to the high court after Cole County Circuit Court Judge Jon Beetum dismissed the case in May. In Beetum’s decision, he said the group wants widespread absentee voting for all future elections regardless of whether COVID-19 is still around.

The court could rule at any time. Beginning June 23, local election officials are scheduled to send absentee ballots for the August primary election.

To view the arguments, click here.

Missouri jury trials will look a little different during pandemic

June 10, 2020 By Ashley Byrd

The Missouri Supreme Court is changing trial court proceedings to include safe distancing and more allowances for COVID-19 health concerns.

The order issued this week says “The resumption of jury proceedings too early would not only risk the health of the participants, but it could also undermine public confidence in the courts and damage the integrity of trial by jury, a cornerstone of our justice system. … [E]very reasonable precaution should be taken in the context of jury proceedings.”

Recommendations for the state’s 115 trial courts include allowing jury service to be deferred for those at risk or caregivers, ensuring space and facilities for distancing, limiting numbers of people during jury selection, using more digital technology for exhibiting evidence, and suspending the use of warrants for jurors failing to appear.

The state’s court systems are resuming activities in phases and local court information is here:
https://www.courts.mo.gov/pandemic/.