Appeals court hears arguments in Sunshine Law case

FARMINGTON, Mo. -- Both sides in the Cape Girardeau County Sunshine suit heard tough questions from Eastern District Court of Appeals judges Wednesday.

But a decision won't come too soon -- Chief Judge Nannette Baker said decisions are announced, on average, about 30 days after the court date.

Three appeals judges heard seven cases at the St. Francois County courthouse in Farmington, Mo. The courtroom was packed, with at least 30 students from area high schools attending as part of a civics lesson.

Judge Kurt Odenwald, one of the court's newest judges, closely questioned both sides in the Cape Girardeau County case. He pressed J.P. Clubb, who represents 2nd District Commissioner Jay Purcell, to explain why the initial lawsuit was filed against the county commission, rather than individual commissioners. After Clubb compared the commission to a state agency such as the Missouri Department of Health and Human Services, Odenwald said it might be more closely compared to the state legislature.

When the county's attorney, Tom Ludwig, took the podium, Odenwald took the opposite tack, pointing out that commission members vote as a body to enter into contracts. Ludwig maintained a contract lawsuit is typically filed against the county or individual commissioners.

Judge Patricia Cohen cautioned those at the hearing not to make assumptions about the upcoming decision.

"You can't tell which way the court goes by the questions we ask," she said.