Missouri Senate Bill 661 has been perfected and is on the Senate's formal calendar for third reading today.  This bill is proposed by Senator Bob Dixon (R) of Greene County.  The bill would create a private cause of action for those persons injured by "[any] person who, under color of any statute, ordinance, regulation, custom, or usage, of the state of Missouri or any political subdivision thereof, subjects, or causes to be subjected, ... to the deprivation of any rights, privileges, or immunities secured by the Missouri Constitution and laws of this state...."  The bill also adds significant language to the existing law concerning an officer's use of force.  Specifically, it adds language stating that the use of physical force in making an arrest is not justified unless "the amount of physical force used was objectively reasonable in light of the totality of the particular facts and circumstances confronting the officer on the scene, without regard to the officer's underlying intent or motivation."  The bill also proposes important limitations on deadly force.  For instance, the where the statute currently permits deadly force when effecting arrest if the suspect has "committed or attempted to commit a felony" the words "offense involving the infliction of threatened infliction of serious physical injury" has been added.

Tim West, LAKC Board of Directors
MO Legislative Monitor

Current RSMo 537.762, often referred to as the Innocent Seller's Statute, provides in part, that an order of dismissal as to a "defendant whose liability is based solely on his status as a seller in the stream of commerce" does not "divest a court of venue or jurisdiction otherwise proper at the time the action was commenced" and that "[a]n order of dismissal under this section shall be interlocutory until final disposition...."  These provisions allowing for cases to be heard in Circuits that would not otherwise be appropriate are currently the subject of Senate Bill 792.  SB 792 seeks to strike subsections 6 and 7 from RSMo 537.762.  The practical effect which would be to allow defendants to remove cases to federal court or seek to transfer venue where "innocent sellers" were added for the purposes of eliminating diversity jurisdiction or establishing venue in a particular county.  This bill, proposed by Senator Ron Richard (R), is current on the "for perfection" Senate calendar.  It is the same as SB487, which was proposed in 2015.

Tim West, LAKC Board of Directors
MO Legislative Monitor

The Circuit of Jackson County announces the following Staff Attorney position: 037_Attorney_04132016 (1).pdf

Governor Nixon has signed SB 585, which, as of January 1, 2017, splits the 38th Judicial Circuit into two Circuits, leaving Christian County as the sole county in the 38th Judicial Circuit and moving Taney County to the newly created 46th Judicial Circuit.  An election for the single Circuit Court Judge position for the 46th Judicial Circuit will be held later this year.  This is a significant development for the greatly overworked 38th Judicial Circuit.

Timothy R. West, Berkowitz Oliver LLP
LAKC Board of Directors MO Legislative Monitor

The Young Lawyers Section of the Lawyers Association of Kansas City will be hosting the Missouri State Mock Trial Tournament this year, the weekend of April 1 through April 3.  The Lawyers Association of Kansas City is looking for attorneys to serve as judges for the competition, which will take place downtown at the Jackson County Courthouse.

The first round of the tournament will be on Friday, April 1, 2016, beginning at 6:00 pm.  The second round and quarterfinal round of the tournament will take place on Saturday, April 2, 2016.  The second round will begin Saturday morning at 8:30 am.  The quarterfinal round will begin Saturday at 1:00 pm.  The semifinal and final round of the tournament will be on Sunday, April 3, 2016.  The semifinal will begin Sunday morning at 8:30 am.  The final round will begin Sunday at 12:30 pm.

Judges are encouraged to arrive 30 minutes before each round and will be provided breakfast, lunch and/or dinner before each round.  Each round is expected to last approximately 2.5 hours or less.  This is a great opportunity to see how enthusiastic these high school students are about the law, and can reenergize and remind us why we love what we do!

If, instead, you would like to contribute financially, we would appreciate that as well.

If you are interested and would like to participate, please contact Allison Greenfield at agreenfield@bjpc.com or Tyler Scott at Tyler.Scott@huschblackwell.com.

Missouri House Representative Robert Ross (R - District 142) has introduced a bill that specifies once a person has served two years as a member of the General Assembly, such person is qualified to practice law as an attorney and to serve as an associate or circuit judge in Missouri without further education requirements or other qualifications being met.  This bill was read twice on February 24, 2016.  As of March 1, 2016, the bill is not currently scheduled for hearing or on the House calendar.

Timothy R. West
Missouri Legislative Monitor
LAKC Board of Directors

The Young Lawyers Section of the Lawyers Association of Kansas City will be hosting the Missouri State Mock Trial Tournament this year, the weekend of April 1 through April 3.  The Lawyers Association of Kansas City is looking for attorneys to serve as judges for the competition, which will take place downtown at the Jackson County Courthouse.

The first round of the tournament will be on Friday, April 1, 2016, beginning at 6:00 pm.  The second round and quarterfinal round of the tournament will take place on Saturday, April 2, 2016.  The second round will begin Saturday morning at 8:30 am.  The quarterfinal round will begin Saturday at 1:00 pm.  The semifinal and final round of the tournament will be on Sunday, April 3, 2016.  The semifinal will begin Sunday morning at 8:30 am.  The final round will begin Sunday at 12:30 pm.

Judges are encouraged to arrive 30 minutes before each round and will be provided breakfast, lunch and/or dinner before each round.  Each round is expected to last approximately 2.5 hours or less.  This is a great opportunity to see how enthusiastic these high school students are about the law, and can reenergize and remind us why we love what we do!

If you are interested and would like to participate, please contact Allison Greenfield at agreenfield@bjpc.com or Tyler Scott at Tyler.Scott@huschblackwell.com.

It is time again for the Kansas City division of the high school Missouri Mock Trial Competition. The first round of competition takes place on Tuesday, January 19, 2016 and Thursday, January 21, 2016 . The second round takes place on Tuesday, February 16, 2016 and Thursday, February 18, 2016.  The Lawyers Association of Kansas City - Young Lawyers Section is looking for attorneys to serve as judges for the competition, which will take place downtown at the Jackson County Courthouse.

The competition begins at 5:30pm each night and will wrap up by 9pm (dinner will be provided). Judges are asked to arrive at the courthouse by 5:30pm. This is a great opportunity to see how enthusiastic these high school students are about the law, and can reenergize and remind us why we love what we do!

If you are interested and would like to participate, please contact Allison Greenfield at agreenfield@bjpc.com or Tyler Scott at Tyler.Scott@huschblackwell.com

Thank you to the many firms who participated in this year's Skippy & Skivvies Drive. Your donations are crucial to the children and families  Operation Breakthrough serves each day. Congratulations to the Young Lawyers Section for organizing another successful drive!

The FINAL 2015 numbers are as follows

Peanut butter     31,152oz             

Diapers                   5,978

Wipes                     8,952

Underwear               477

Socks                         458

Cash                     $9,741

Family Court Commissioner Molly Merrigan was honored with the Judge Goldstein award today at the National Association of Drug Court Professionals in National Harbor, Md. The award is in honor of the very first drug court judge in the United States, and is given annually to an individual who has made significant contributions to the drug court field. It came on the eve of her retirement from the Jackson County Family Court after 16 years of service handling Family Drug Court matters, adoptions, and abuse and neglect cases.

"Having been able to meet Judge Goldstein and observe him in his courtroom, I am incredibly honored to receive this award," Merrigan said.

Merrigan announced her retirement in May and her last day on the bench is July 31. She was appointed in December 1998 by the court en banc. During her tenure, Jackson County’s Family Drug Court was nationally recognized in 2012 by the U.S. Justice Department’s Office of Juvenile Justice and Delinquency Prevention as one of five Peer Learning Courts in the country. She has received numerous awards that recognize her work in this field including: the Claire McCaskill Award from the Missouri Association of Drug Court Professionals in 2008, and the National Association of Drug Court Professionals Distinguished Board Service Award in 2008.

"It has been my honor and privilege to serve as commissioner," Merrigan said.

Following retirement from the Court, Merrigan will work as a consultant to other drug courts through two national organizations – the National Drug Court Institute, and Children and Family Futures.

Prior to her appointment to the bench, Merrigan was employed with the Jackson County Prosecutor’s Office and worked as the lead assistant prosecuting attorney handling Drug Court cases. She is also a certified substance abuse counselor, and had worked at a residential drug and alcohol treatment facility.

Merrigan earned her law degree from the University of Missouri--Kansas City School of Law, and her bachelor’s degree from Rockhurst University.