Branson Missouri

Branson Edge

Wednesday, August 8, 2007

Rep. Lembke Challenges Judicial Commissionon Violating the Sunshine Law

Calls on Commission to Release Documents from secret meetings

Jefferson city – State Representative Jim Lembke (District 85) today called on Supreme Court Chief Justice Laura Denvir Stith and the Judicial Appellate Commission to stop violating Missouri’s Sunshine Law and release records, documents and transcripts from their secret meetings last month to select three finalists for the Missouri Supreme Court. Rep. Lembke said he plans to file legislation next session that will force compliance with the law and will clarify for all Missourians, including Judge Stith and the Commission, the requirements of the Sunshine Law.

“All government bodies – from the school district to the fire district to the Legislature to the Appellate court – are accountable to the citizens of Missouri. No one – not a lawyer not a judge – is above the law,” Rep. Lembke said, referring to the current seven member commission which is comprised of four lawyers, including Judge Stith, two commissioners appointed by former Governor Holden and one commissioner appointed by Governor Blunt. “First, I am asking the Commission to comply with the law and release the records, documents, transcripts and all information gathered through their secret proceedings. Second, I plan to file legislation in the upcoming session to strengthen and clarify the Sunshine Law. The people of this state expect open and honest government – not secret meetings and secret plans.”

Rep. Lembke explained that Judge Stith and the commission violated the Sunshine Law by holding secret meetings which were not posted nor was any public notice given. At this closed meeting, a panel of three candidates was chosen from the applicants for Missouri Supreme Court, but the records, transcripts and many of the documents reviewed during the proceedings were unavailable. Governor Blunt, who is responsible for appointing the new Supreme Court Justice, requested additional information on the candidates but information provided was incomplete.
A spokeswoman for the Commission told the Associated Press on July 25 that providing basic information to the public such as when and where the meetings would be held was not appropriate because the public could find out about the meetings and show up outside the door. The Commission claims they are above the Sunshine Law because of their own internal “rules”, but they have failed to cite any existing statute that exempts them from the Sunshine Law.

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