TKC BREAKING NEWS!!! RACHEL TOWNSEND COULD BE RUNNING IN AN UNCONTESTED RACE FOR JACKSON COUNTY PROSECUTOR IF SHE WINS HER CASE!!!
Rachel Townsend has been the Lee's Summit city prosecutor for quite some time and now she just might have pulled off a brilliant political move depending on a Missouri Judge and her petition currently in the Jackson County Circuit Court.
Background:
1972 Jackson County adopted their charter. Election of officials would be held in accordance with State law.
The problem came later on when small county prosecutors in Missouri complained that they were only allowed 2 years on the job. To remedy this the Missouri Legislature passed bill No. 56.110 in 1982. The State Law stated that General Election for Prosecutor within all counties would take place every 4 years thereafter. All Missouri Counties were supposed to adopt a 4 year cycle.
For better or worse, Jackson County was already using a 4 year term. Basically, the County decided to ignore the State Statute and didn't sync up with every other County in Missouri.
Earlier today Townsend attempted to file her declaration of candidacy and was rejected.
Now, her lawyer Danny Miller has filed a writ of mandamus hoping that a judge will force the County clerk to accept the filing.
On a grand scale, this is an effort to mold the Jackson County Charter in line with State Law. Miller sees the legal argument between a strict constructionist interpretation of Missouri law and looser interpretations.
As of now, Miller notes that Townsend "is the only candidate filing for Jackson County Prosecutor under the correct State statute."
Developing . . .
Good stuff T.
ReplyDeleteI love stuff like this. It drives the politicos nuts.
ReplyDeleteHer name is Rachel Brown, retard.
ReplyDeleteIf Rachel gets this gig, what will Cathy Jolly do?? Word is this was supposed to be her job. She's probably stamping her feet in anger right now.
ReplyDeleteIf you took a vote of judges and assistant prosecutors today, Jim Kanatzar would only get one vote, and that's assuming he was smart enough to vote for himself.
ReplyDeleteIt's Rachel Townsend Brown. Good sccop T.
ReplyDeleteSo the guy who is the prosecuting attorney is not even a smart enough lawyer to know the law and know when he is supposed to be running?!?! This seems like a clear cut case of state law trumping local law. Kanatzar has really shown his incompetnce by not seeing it. I am even more scared to have him as the prosecutor. Murders are up and the prosecuting attorney doesn't even know the law. All is lost!!
ReplyDeleteObama's newest butt girl, U.S. Senator Claire McCaskill, as well as every other Prosecutor since 1982, also failed to "know the law".
ReplyDeleteHer full name is Phil LeVota's Puppet Rachel Townsend Brown.
ReplyDeleteThis will be pushed aside but it will cost the county money, thanks Phil we will send you a bill.
Please, even a 1st year law student knows that the Constitution trumps statute, and the Constitution allows counties like Jackson to set their own elections. And this gal wants to be the county's top lawyer? Nice work...
ReplyDelete11:10, please, even a first year law student knows to actually look at the Constitution before talking out of their ass. That said, oh wise one, please provide the provision of the Missouri Constitution you think allows Jackson County to set their own elections. Oh wait, there isn't one. The Constitution, Article III, Sec. 40 prohibits the general asembly from "opening or conducting elections" but only to the extent that such legislation creates a "local or special law." A law setting the time for election of prosecutors statewide is not a "local or special law." More importantly, the Missouri Supreme Court has held that the if a charter conflicts with state statute, the statute trumps.
ReplyDeleteI'd say Rachel Brown is the smart one here and the folks in Jackson County government have been asleep at the switch for the last 28 years.
This is going to get very interesting. Wonder if all the defense lawyers and jailhouse lawyers will jump on this as somehow invalidating convictions. I predict the court will be flooded with habeas corpus petitions.
Don't forget, Jackson County's own charter. It says:
ReplyDelete"the state laws relating to nominations and elections shall apply to the nomination and election of all officers required to be elected under this charter"
Jackson County violating its charter? Or the law? Surely not!
This is excellent news! Kanatzer is a political appointee and that is all.
ReplyDelete