SHOULD BARD SERVE ON THE JOPLIN CITY COUNCIL>>>QUO WARRANTO LOOMING
• ‘writ of quo warranto' is being filed in Jasper County
• 80% of Joplin News First pollsters say 'YES, He should serve'
(64801) – Jasper County Prosecuting Attorney Theresa Kenny tells Joplin News First that she is preparing to file a 'quo warranto' in the matter of Joshua Bard holding a seat on the Joplin City Council.
“That will be filed in the Jasper County Circuit Court here in Joplin,” Kenny tells Joplin News First. “In a case of quo warranto, the attorney general or the prosecuting attorney will represent the state.”
After Bard was recently elected to one of the 3 general seats on the Joplin City Council, Joplin city attorney Peter Edwards, brought to light that Mr. Bard had a past criminal record which wouldn't allow him to serve on the council.
After Bard challenged that decision saying he has been off probation for 6 years, last Friday Edwards turned it over to the Jasper County Prosecuting Attorney, Theresa Kenny.
“A writ of quo warranto is not a petition, but a notice of demand, issued by a demandant, to a respondant claiming some delegated power, and filed with a court of competent jurisdiction, to hold a hearing within 3 to 20 days, depending on the distance of the respondant to the court, to present proof of his authority to execute his claimed powers.” -
www.constitution.org
The quo warranto will be filed in Joplin since it's the closest jurisdiction. And a hearing must be held within 3 to 20 days.
The prosecuting attorney will present the law they feel that doesn't allow Mr Bard to serve in office. And then Mr. Bard as the respondent and have a chance to show why he should remain in office.
Then a judge will decide if Mr. Bard has the right to serve. It's not known what Jasper County judge would hear the case – if it's even picked up. They go by a rotation of numbers on case and judge assignments. If it's not even chosen to be heard by a judge then by that silence of the court Mr. Bard would be determined ineligible to serve.
“If the court finds the proof insufficient, or if the court fails to hold the hearing, the respondant must cease to exercise the power. If the power is to hold an office, he must vacate the office.”
ARGUMENT FOR REDEMPTION
“I feel that when my right to vote was reinstated January 1, 2012, then also my right to hold an office should be reinstated too,” Bard tells Joplin News First.
He also cites: (Mo. App. 1966). A person convicted of a felony under Missouri law or convicted under the law of another jurisdiction of a crime that would be a felony if committed in Missouri forfeits any office he many then hold, and is ineligible to hold office until completion of his sentence or probation. Mo. Rev. Stat.5 561.012(1)(1)
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