Rick Brattin Archives

Missouri House committee will not vote on attempt to impeach Governor Nixon

May 5, 2014 By Mike Lear

Efforts to impeach Governor Jay Nixon (D) will not be brought up for a vote in the House Judiciary Committee, its chairman told Missourinet Monday afternoon.

Representative Stanley Cox (photo courtesy; Tim Bommel, Missouri House Communications)

Representative Stanley Cox’s (R-Sedalia) committee held two hearings in the last two weeks on three resolutions seeking to impeach Nixon on three different lines of reasoning. After a hearing last week he went to the members of that committee and asked them whether they wanted to vote on the resolutions.

“The majority has expressed that they believe that the allegations contained within the impeachment resolutions are serious, and that the resolutions at least show substantial circumstantial evidence of willful misconduct,” says Cox. “However in their opinion, collectively, this willful misconduct is not sufficient to warrant forwarding the impeachment resolution to the floor of the House.”

Cox says he agrees with the decision of the committee members.

“This decision does not absolve the Governor of wrongdoing,” says Cox. “It’s simply a conclusion that the facts of this case do not justify forwarding the resolution,” to the full House of Representatives.”

Cox says he believes there is strong circumstantial evidence that Nixon violated the laws of the state, but says he and the other Judiciary Committee members did not think the evidence and arguments met the standard for impeachment.

“In making this decision the committee looked at not only what the allegations are, the facts that we were aware of to proceed,” says Cox, “I’m sure the committee members individually and I certainly did as an individual, look at the prospects of anything ever coming of this action.”

The articles of impeachment filed against Nixon accused him of violating the state’s Constitution in three areas.

Representative Nick Marshall (R-Parkville) in February filed two articles of impeachment regarding Nixon’s executive order issued in November instructing the Department of Revenue to accept joint tax returns filed by same-sex couples married in other states. Marshall says that order violates the Missouri Constitution’s definition of marriage as being only between a man and a woman and accuses Nixon of misleading Missourians.

Cox says believes the committee collectively believes there are other resolutions of that issue.

“I believe there will be court cases, and I believe ultimately [Nixon] will be proven to be wrong in his decision,” says Cox.

A week later, Representative Mike Moon (R-Ash Grove) filed one article of impeachment accusing Nixon of taking too long to set special election dates to fill vacant seats in the House and the Senate. Some critics say this has left a quarter-of-a-million Missourians under-represented in the State Capitol.

Cox says this was the “strongest” of the allegations, but he says the committee again did not believe it was appropriate to move forward with impeachment.

Cox tells Missourinet, “The circumstances of the impeachment process or the prospects of any governor being impeached is very minimal at the most, and those factors certainly come into play.”

In March Representative Rick Brattin (R-Harrisonville) filed two articles of impeachment alleging Nixon should have disciplined or fired members of the executive branch for their roles in the scanning and retaining of concealed carry endorsement source documents that were twice released to federal authorities.

Cox says Nixon did eventually take some actions to end that document scanning and retention process impacts the weight of the resolution’s allegation.

Some have questioned whether the Republican majority in the House was opposed to moving forward with the impeachment effort. Cox says he was not given any instrucutions from his caucus’ leadership on how to proceed.

Lawmakers must decide whether to proceed with impeachment of Gov. Nixon

April 30, 2014 By Mike Lear

The House Judiciary Committee has held its final hearing on 3 impeachment filings against Governor Jay Nixon (D).

Representative Stanley Cox (photo courtesy; Tim Bommel, Missouri House Communications)

Committee Chairman, Representative Stanley Cox (R-Sedalia) says he will now poll his members to see whether they think those filings should come to a committee vote.

Cox says he hasn’t decided for himself whether they should be voted on, but when asked whether the articles raise legitimate complaints, Cox says “Absolutely.”

“The allegations are serious, are matters that certainly concern failure of the governor to fulfill his responsibility and certainly raise that idea that they could rise to the level of further action,” says Cox.

Articles filed against Nixon accused him of violating the State Constitution’s definition of marriage as being between a man and a woman with his Executive Order directing the Department of Revenue to accept joint tax returns filed by same-sex couples married in other states, by not disciplining anyone in his administration in relation to the scanning, retention, and sharing with the federal government of personal documents from Missouri drivers’ license and concealed carry permit applicants, and by not acting quickly enough in setting special election dates to fill vacant seats in the House and the Senate.

Cox says he will talk to his committee members right away because less than three weeks remain in the legislative session.

Benefit MMA card featuring 3 state representatives is set (VIDEO)

April 28, 2014 By Mike Lear

One state representative didn’t make weight for the benefit mixed martial arts event, the “I-70 Grudge Match,” Tuesday in Jefferson City.

The card still features 13 matchups including one for Representative Keith English of Florissant, who takes a 10-0 record up against an opponent he’s never faced. English was to have faced Harrisonville Representative Rick Brattin, but their weights were too far apart to meet the standard of Missouri sanctions.

The event is Tuesday beginning at 7:30 at the Capitol Plaza Convention Center in Jefferson City. Proceeds go to the Children of Fallen Soldiers Relief Fund.

Representatives weigh-in tonight for charity fights Tuesday

April 28, 2014 By Mike Lear

State representatives will step on the scales Monday in advance of matches Tuesday in the “I-70 Grudge Match,” a charity mixed martial arts competition that promoters hope will be just the first in Jefferson City. Proceeds from the event will go to the Children of Fallen Soldiers Relief Fund.

This poster promoting the “I-70 Grudge Match” includes a picture of Rep. English following a previous charity fight. (Courtesy; the office of State Rep. Keith English)

Representative Keith English, who has a background in MMA, was originally set to face fellow House Democrat Brandon Ellington. Ellington is recovering from an injury, however, so English is scheduled to take on Republican Representative Rick Brattin.

English says there is a sense of rivalry in the match.

“Representative Brattin’s very energetic, being a Marine,” says English. “For me, I’m doing it for the kids. Children of Fallen Soldiers has been dear to me. My mother served 33 years in the military, and working with a lot of the members [in the legislature] that are veterans themselves, this will be a great event for both sides of the aisle to come out and support a charity.”

Brattin says there is no animosity involved.

“Not at all. I like Representative English. Great guy, good man,” says Brattin, but he adds, “I’m in it to win it … I don’t like to lose and I’m sure he doesn’t so I’m sure it’s going to be the real deal.”

There will be a somber ceremony Tuesday as well, when some veterans and some children of fallen soldiers will accept the check to the charity.

English says the fights Tuesday night are sanctioned by the USA Mixed Martial Arts Federation. He and representative Brattin have had to be cleared medically to participate, must make weight and must have their blood pressure at a safe level in order for the fight to take place.

Theirs will not be the only matchup.

“There will be some serious fights here for belts,” says English. “The winner of both the featherweight and the lightweight will be able to challenge a UFC fighter.”

There could be 13 fights in all on the card, including what’s being billed as the night’s Special Feature between Representatives Glen Kolkmeyer and John Mayfield.

The event is Tuesday at 7:30 at the Capitol Plaza Convention Center.

House endorses its version of federal gun law nullification legislation

April 1, 2014 By Mike Lear

The House has given initial approval to a bill meant to nullify federal gun laws within the state.

Representatve Doug Funderburk (photo courtesy; Tim Bommel, Missouri House Communications)

The bill, HB 1439, would deny state law enforcement agencies and courts the power to enforce federal gun laws and would make anyone deemed in violation of a Missourian’s Second Amendment Rights liable to legal action by that Missourian.

Other versions of the legislation would have made law enforcement officers subject to criminal prosecution for enforcement of the gun laws targeted by the measure. Sponsor, Representative Doug Funderburk (R-St. Peters) says he removed that language at the request of law enforcement.

“This is what law enforcement said was their most deep, heartfelt concern about the bill from last year and the bill that I originally filed this year,” said Funderburk.

The bill would also allow specified school personnel to carry concealed weapons with specific training. Representative Rick Brattin (R-Harrisonville) says that will serve as a deterrent to anyone who would consider carrying out a school shooting.

Representative Genise Montecillo (D-St. Louis) isn’t convinced that is the proper role for a teacher.

“I have no issue with having trained, real police officers in our schools. I think that’s a good idea. I encourage that. I’ve seen the effect and the impact that they’ve had in my school district. I do have issue putting folks that have sort of a pseudo police officer training and having folks filling two different roles.”

The proposal would not allow public hearings by school districts before the allowing of armed school personnel on school grounds.

Those House Democrats that oppose the legislation dismiss it as unconstitutional.

“On its face it contradicts our oath of office,” says Representative Stacey Newman (D-St. Louis). “It’s going straight to court if it becomes law.”

The legislation would prevent a medical practitioner from being required to ask a patient about his or her gun ownership status or to disclose such information except in specific circumstances.

The proposal would bar the disarming of a person carrying openly or concealed unless he or she is under arrest and lowers the minimum age at which one can obtain a concealed carry permit from 21 to 19.

It requires another favorable vote to go to the Senate.

Chairman: impeachment efforts will get a hearing

April 1, 2014 By Mike Lear

The Chairman of the House Judiciary Committee says he will give a hearing to the three filings of impeachment articles against Governor Jay Nixon (D) if their sponsors want one.

Representative Stanley Cox (photo courtesy; Tim Bommel, Missouri House Communications)

The filings were assigned to that committee last week; the first movement for each since they were filed between February 6 and March 11.

Committee Chairman Stanley Cox (R-Sedalia) says he will next talk to the sponsors of those three filings.

“Whether and when they are desirous of having a hearing,” Cox says he will ask those representatives. “Obviously we’re not going to have a hearing if they don’t want one … so I will talk to them first of all.”

The first articles of impeachment were filed by Representative Nick Marshall (R-Parkville), over Governor Nixon’s executive order instructing the Department of Revenue to accept joint tax returns filed by same-sex couples who are legally married in other states. Marshall says that violates Missouri’s Constitution, which voters amended in 2004 to define marriage as being between a man and a woman.

Representative Mike Moon (R-Ash Grove) filed one article of impeachment saying Nixon didn’t act quickly enough to set special election dates for vacant seats in the House and Senate. Representative Rick Brattin (R-Harrisonville) filed an article this month saying Nixon’s failure to discipline or fire members of the executive branch for their involvement in the scanning of personal documents from Missouri license applicants and the release of those documents to the federal government violates the Constitution.

Moon, Brattin and Marshall all confirm they do in fact want a hearing.

“Not only do I want a hearing,” says Marshall, “I think it’s important that it be a candid hearing, an open hearing and a hearing that is free from any interference.”

Those articles were filed between February 6 and March 11, and were assigned to the Judiciary Committee last week. Brattin said upon offering his article that he was “appalled” action had not been taken faster on the filings.

Cox says he can’t speak for House Republican leadership, but says trying to remove an executive from office is an extraordinary action.

“I think that in order to do that there would have to be some clear information and evidence to support the accusation that they have violated their oath to the Constitution or the law in some way,” says Cox. “That’s my position and I assume the leadership would share that.”

Moon says he’s satisfied that leadership in his party is supportive.

“It’s just been slow-moving,” says Moon.

Impeachment articles would move through the House like a bill. If adopted by the House, the Governor would be tried by a committee of seven jurists chosen by the Senate.

House Republican ‘appalled’ by lack of action on impeachment filings against Gov. Nixon

March 13, 2014 By Mike Lear

The latest House Republican to file articles of impeachment against Governor Jay Nixon (D) says he is “appalled” his majority party’s leadership has not advanced any proposals to impeach the Governor since their filing.

Representative Rick Brattin (photo courtesy; Tim Bommel; Missouri House Communications)

Representative Rick Brattin (R-Harrisonville) has filed two articles of impeachment against Nixon. He says Nixon violated the state Constitution by not disciplining or firing members of the executive branch for their roles in the scanning and retention of concealed carry endorsement documents by the Department of Revenue, and the release twice of personal information related to those documents to federal authorities.

Brattin says Nixon should be held accountable. His filing is HR 923.

“When you’re in charge,” Brattin says of Nixon, “the buck stops with you and we’ve had thousands of people’s important documents being scanned and sent over to another state and now are no telling where and I think it’s ridiculous and egregious.”

Brattin follows fellow Republicans Nick Marshall (R-Parkville) and Mike Moon (R-Ash Grove) who have also filed articles of impeachment against the Governor. He co-sponsors their efforts as they do his and one another’s.

Marshall filed two articles saying Nixon’s executive order instructing the Department of Revenue to accept joint tax returns from same-sex couples violated the state Constitution. Moon says in one article that Nixon violated the Constitution by not acting fast enough to set special election dates to fill vacant seats in the House and the Senate.

No action has been taken on those articles since they were filed a month ago.

Brattin says those legislators raise important issues and he hopes their filings and his will be allowed to move through the legislative process.

“We swore an oath to uphold, defend the Constitution before any type of legislative agenda … before anything. When we have somebody acting out of the Constitution and out of their authority, then they should be held to account,” Brattin tells Missourinet. “I think it should move and I’m appalled that it really hasn’t, unfortunately.”

Brattin says it is a political decision not to take up the arguments against Nixon.

“It’s an election year and we have a lot we want to do legislatively for jobs and things like that, and I’m right there too,” says Brattin, “and I have constituents all the time saying, ‘We see Barack Obama doing all this type of stuff and why isn’t anybody doing anything?’ We here at the state level wonder why isn’t the federal government doing anything? Well, we right here at the state level have the same thing going on with our governor. Are we not going to stand up and do what we’re calling the federal government to do?”

House Speaker Tim Jones (R-Eureka) says the three filings are still being studied.

“We want to make sure we move them forward in the right way,” Jones says. “We’re going to have to go back and look what was done with the previous articles and I think they were moved to a committee for study, and so we’ll have to look at that prior determination and move along that same track.”

Articles of impeachment move through the legislative process in the House similarly to the way a bill would. They would have to be first referred to a committee. If the articles are passed in the House, Nixon would be tried by a commission of seven eminent jurists elected by the Senate.

Two Articles of Impeachment filed against Governor Nixon (AUDIO/COPY OF THE ARTICLES)

Articles of Impeachment filed against Governor Nixon over action on same-sex tax filing

Openly-gay lawmaker discusses impeachment effort over same-sex tax filing (AUDIO)

Proposed jury duty exemption stirs discussion of breastfeeding age limit

January 28, 2014 By Mike Lear

After a Lee’s Summit woman was faced with a $500 fine for contempt of court for bringing her breastfeeding infant to jury duty, some called for a change in Missouri law to exempt breastfeeding women from jury duty. The judge in that case has delayed fining her $500 until the end of the legislative session, to see whether lawmakers approve a specific exemption.

Representative Rory Ellinger (D-University City)

Representative Rory Ellinger (D-University City) is the sponsor of legislation to do just that, and he has told the House Committee on Children, Families and Persons with Disabilities he was hopeful the bill could make the House consent calendar, for bills that have no opposition.

It did meet some bipartisan resistance, however, from lawmakers who asked whether such an exemption should be limited to apply only to mothers of children up to a certain age.

Representative Rick Brattin (R-Harrisonville) suggested the language could be strengthened even more than that to avoid such an exemption being abused.

“I could almost see an amendment to make (an exemption be contingent) on sustainment of life of the child to where it’s necessary for the child’s life and that’s the only means of life for that child,” Brattin said.

Representative Genise Montecillo (D-St. Louis) also wants to see a limit to the age of children involved in order for a mother to get an exemption.

“I would think as they get older there’s going to be other food sources,” Montecillo said. “I doubt that a 5-year-old is only nursing.”

The Committee heard from Columbia midwife Sara Davis, who told the committee there is no recognized maximum age at which a child can breastfeed.

“The Advice of the American Academy of Pediatrics and also the World Health Organization is only minimums … no health organization has ever set a maximum age limit.”

Representative Jill Schupp (D-Creve Coeur) was not convinced that an age limit is a good idea.

“I just think that this is … talk about a sacred bond between a mother and a child and a great gift that a mother gives to her child in terms of good health and nutrition for the life of the child. I can’t believe that we’re thinking about putting what I would call some kind of arbitrary limits on this.”

Listen to Representative Schupp’s comments during the hearing:

The Committee’s chairman, Representative Jeff Grisamore (R-Lee’s Summit), intends to bring the bill up for a vote but he wants to see amendments offered that could clear up what he sees as possible unintended consequences.

“I think it’s needed but we don’t want the unintended consequence of discrimination against nursing moms who may nurse their children until 2 or 3 years old, which is not uncommon. The other thing is there could be a mechanism of clarification for electronic notification to the court … to where a mom won’t have to go through a doctor visit just to get a note.”

State legislator discusses filing firing squad legislation

January 17, 2014 By Mike Lear

The state representative who has proposed Missouri add the use of firing squads to its methods of execution says he’s doing it for the families of victims that want justice to be served.

Representative Rick Brattin (photo courtesy; Tim Bommel, Missouri House Communications)

Representative Rick Brattin (R-Harrisonville) says he’s already been contacted by the mother of a murder victim who thanked him for filing the bill.

Missouri law currently allows the Department of Corrections to execute prisoners using lethal gas or lethal injection. The state’s gas chamber is not functional and Corrections officials have encountered much-publicized issues in recent years trying to acquire lethal injection drugs.

Brattin says he wanted to add another option.

See the legislation, HB 1470

“If we had to utilize the death penalty and we could not administer the lethal injection, what’s something we could quickly still administer the execution,” says Brattin. “I think the firing squad would … be the quickest and most effective way to do that.”

Brattin doesn’t think a death by firing squad would be cruel or unusual.

“I would almost say the lethal injection is more inhumane rather than instantanious death by firing squad,” he says, noting the execution by lethal injection of Dennis McGuire in Ohio on Thursday took more than 15 minutes.

His proposal would have the director of the department of corrections select five law enforcement officers to make up the firing squad if that is the method of execution to be used.

Listen to an interview with Rick Brattin, 8:15

Legislation filed to propose use of firing squad as a method of execution in Missouri

January 17, 2014 By Mike Lear

Legislation has been introduced that would add the use of a firing squad to the methods of execution the state could use in carrying out the death penalty.

The bill offered by Representative Rick Brattin (R-Harrisonville) would have the director of the department of corrections select five law enforcement officers to make up the firing squad if that is the method of execution to be used.

Missouri law currently allows for executions to be carried out by lethal injection or lethal gas. Lethal gas has not been used in Missouri since 1965. 69 people have been executed by lethal injection since 1989.

The legislation is HB 1470.