Andrew W. Pollock III: Liberal Lawyers Seek to Curry Favor from Missouri Courts?

Over the years I've read about U.S. supreme court justices calling upon lawyers to step forward and protect judges in the forum of public opinion when these judges are criticized for making rulings that embody legislative-like components, thereby infringing on the powers of the legislative branch of government. Some courts have even gone so far as to make rulings that embody appropriations mandates. In the summer of 2005, the Kansas Supreme Court, in the Montoy Case, mandated that the Kansas legislature increase appropriations for public education. The Kansas Supreme Court was not above using extortion to compel the legislature to acquiesce, and threatened that unless the demanded appropriation was made, that they would use their writ-issuing authority to shut down the public schools in the state of Kansas. The naked tyranny exercised by the court in this case was an affront to every person in America who embraces the principle of "government of the people, by the people, and for the people" including the fine people of the state of Missouri. Accordingly, the Missouri legislature has decided to consider: "House Joint Resolution 1 [which] would strip Missouri courts of jurisdiction to hear cases involving public education, property taxes, eminent domain and other matters."

The primary opponents to this joint resolution appear to be certain lawyers, some of whom may actually bring cases before the judges whose powers they seem to be trying to protect. The problem with this circumstance is the appearance of impropriety. Would Missouri judges favor, consciously or subconsciously, the cases of attorneys who were in the forefront of protecting judges from the legislative and oversight authority of the Missouri legislature? Even if this were not the case, it creates the appearance that judges would become beholden to the lawyers who are opposed to the joint resolution.

The public should call upon the Missouri judiciary to disavow and denounce any action by any lawyer or bar association in the state of Missouri which acts to promote political objectives that give the appearance of seeking to curry favor with the judiciary thereby undermining public confidence in a fair and impartial Missouri judiciary.

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