Court weighs who has authority to name interim sheriff
A St. Louis judge is weighing whether the St. Louis City Sheriff’s Office can be part of a lawsuit over who has the authority to select the interim sheriff. Judge Thomas McCarthy heard arguments Wednesday from attorneys representing the state, the city and the sheriff’s office. Lawyers for the sheriff’s office filed a motion to […] The post Court weighs who has authority to name interim sheriff appeared first on St. Louis American.
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A St. Louis judge is weighing whether the St. Louis City Sheriff’s Office can be part of a lawsuit over who has the authority to select the interim sheriff.
Judge Thomas McCarthy heard arguments Wednesday from attorneys representing the state, the city and the sheriff’s office.
Lawyers for the sheriff’s office filed a motion to intervene, arguing that an October order by Judge Christopher E. McGraugh appointing John Hayden Jr. as interim sheriff was a final decision.
“The time to appeal has passed, and that order remains final,” said David C. Mason, a retired judge representing the sheriff’s office.
The dispute is the latest in an ongoing battle over who has the authority to appoint an interim sheriff. The city filed a lawsuit in December arguing that power rests with the mayor. The St. Louis Board of Aldermen sought to intervene, but McCarthy removed the board from the case in January, ruling it could not file a separate lawsuit from the city.
The Missouri attorney general’s office has argued that Gov. Mike Kehoe holds that authority. State attorneys also opposed the sheriff’s office motion to intervene, saying it had not established a legal right to do so.
The state further argued there is a conflict of interest because the same attorneys represent the sheriff’s office and former Sheriff Vernon Betts’ successor, Alfred Montgomery, who is seeking a new trial after being removed from office.
“The goal of that representation is at odds,” Assistant Attorney General Greg Goodwin said.
Mason said there is no conflict and submitted written consent from Montgomery and Hayden regarding the shared representation.
McCarthy said he will issue a decision at a later date.
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