LAWS MOTIONSLINKS
Attention: Honorable John Schnieder
Your Honor:
My name is Lee Martin, of the 151 District of the State of Missouri. I was a candidate for the Office of Circuit Court Clerk and Recorder of Deeds for Howell County. I have to take vehement exception to your Senate Bill 0316. I believe that it is unconscionable for an elected official to vote out of existence the elected offices that were provided by our forefathers, to be a check against the power of the Judiciary. The Judiciary of the State of Missouri is in a tyrannical mood. The Missouri Supreme Court Justice, The Honorable Duane Benton, has misrepresented the State of the Judiciary in his Address to the General Assembly on the 13th day of January 1999. All is not good, and for the Missouri General Assembly to join the Missouri Judiciary in a locked step march to tyranny cannot and will not be accepted.
The Elected Office of Circuit Court Clerk is valuable to the citizens' control over their local Courthouse, As It Should Be. Missouri Citizens maintain a certain control over the Circuit Judges by electing clerks from the populace who may or may not enjoy the friendship of the judge. This is good for all Missourians; to have an elected official who owes no responsibility for their office to the judges who set on the bar. As the Missouri Supreme Court Rules so state, any court official who does witness criminal or unethical activity is required by the statutes of the State of Missouri to report it to the appropriate governing body. I ask you, who would report the unethical conduct of judges in the future if clerks owe their job to the bench? I say, no one would.
The Missouri Supreme Court, under the guidance of the Honorable Duane Benton, has rendered questionable opinions in the name of rule of law. I ask that you and your colleagues not fall for the semantic tricks that the attorneys, judges, and court personal play in the name of justice in this state. The motives and credibility of the Honorable Duane Benton is brought in to question in the governing of the administrative agency under him, specifically the availability of public documents under the control of the Missouri Supreme Court. Public records under the control of the Missouri Supreme Court should not fall into the realm of litigation provided for in chapter 610 of the RSMo. The Wording of Chapter 610 of the Revised Statutes of the State of Missouri is explicit that all public records be made available to the public. Yet, when a citizen of the state tries to procure said records the citizen is subject to the punishment we call litigation.
The Missouri Supreme Court Publishing Office initiates policy that is not written down and enforces said policy. This is not an unsubstantiated accusation, I have been in contact with the Missouri Supreme Court Publishing Office on numerous occasions just this past week trying to procure for the citizens of the State of Missouri the Missouri Approved Instructions, and the Missouri Approved Charges to produce on the Internet. I have learned that the hard copies for these documents cost $335.00 and $115.00 respectfully, yet the electronic format for each cost $75.00 a piece. I assert that these charges do not represent the intent of RSMo 610.026, which specifically states:
(1) Fees for copying public records shall not exceed the actual cost of document search and duplication. Documents may be furnished without charge or at a reduced charge when the public governmental body determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the requester;
(2) Fees for providing access to public records maintained on computer facilities, recording tapes or discs, video tapes or films, pictures, slides, graphics, illustrations or similar audio or visual items or devices, shall include only the cost of copies and staff time required for making copies.
When the Chief Justice of the Supreme Court asks that in the name of an efficient judiciary that the Circuit Court Clerks be an appointed position, in light of the Sunshine law issues arising out his administration, it allows the voting public to seriously call into question the motives and goals of the Missouri Judiciary. Why does a Supreme Court Justice feel so threatened by the availability of the public documents promulgated by the funds supplied by the taxpayers? Why does the Chief Justice feel that the elected office of Circuit Court Clerk, after 179 years, jeopardizes the efficiency of the Judiciary? Why? Let me just say it is because the Chief Justice believes that the Missouri Citizen is unable to understand the complex issues defining justice. I believe that the Missouri citizen has no problem understanding justice, or supplying justice to his fellow citizen. After all, this system has been working since 1820, and if it has failed, no elected official has made any public statement as to its failure until the 13th day of January 1999.
I ask that the General Assembly and especially the Honorable John Schnieder of the 14th Senatorial District stop this erosion of the citizens’ right to govern themselves and their local government. I beg the Media to address the issue of appointed Circuit Court Clerks, and ask the General Assembly allow the Sunshine Laws to stand for more than lip service to an honorable idea. Do not ask the public to pay for the fruits of labor that was produced with taxpayer money. Please, before the inertia of tyranny destroys a great state and country, by denying the freedoms and the rule of law that we have held so high to the rest of the world, let our legislature refuse to eliminate the elected office of Circuit Court Clerk.
Sincerely,