JUDGES RESPOND TO AG's ALLEGATIONS

Attorney General JAY NIXON got an impressive response July 19 to his charges that Cole County Circuit Judges BYRON KINDER and THOMAS BROWN III had violated their trust in spending some interest money that was under their jurisdictions.

Although the news media initially focused on the approximate $2.7 million in question, the judges' 18-page legal response in requesting a favorable judgment outlined the following arguments and then supported them with case law.

1. Payments of income to Cole County were lawful.

2. Section 447.532 of the Revised Statutes of Missouri does not automatically make court funds the property of the state treasurer after five years.

3. The attorney general is attempting to unlawfully usurp judicial powers.

4. The attorney general has misused the writ of quo warrant.

5. The attorney general has violated Supreme Court rules.

6. The Circuit Court of Osage County has no power to control the Circuit Court of Cole County.

In support of the use of the funds, the response states that, like other counties that have received income from court funds over the years, Cole County's use was primarily to supplement its general revenue expenditures (one use was health department improvements), and some of the funds were expended for matters related to the administration of justice: courthouse security, facilities and staff at the juvenile center, courthouse improvements (only recently a fourth courtroom was added, for the use of the associate and probate-division judge who previously did not have a courtroom of her own), and a computer system for the circuit court (which enabled Cole County to be one of the first to benefit from the Missouri statewide court automation project).

All in all, the funds to the county helped to take some of the burden off the shoulders of Cole County's taxpayers for a justice system that provides more statewide court services than any other county, due to the fact that venue for most cases involving the various state offices, departments and programs are filed in the Cole County Circuit Court.

They also pointed out that the two receiverships which generated the interest funds in question had been audited and examined by the state auditor's office every year from 1982 through 1990, and the audit report had included no criticisms as to the payments of income to the circuit clerk and to the county.

As to the audit report of Jan. 4, 2000, referenced by the attorney general, the state auditor's comments about the receivership cases included no criticism about who was receiving the income from the funds and no finding that the assets belonged to the state treasurer or that the circuit judges should be ousted from their judicial functions. The auditor merely recommended that "the circuit judges review these receivership cases and determine whether the receivership assets should be distributed to the state Unclaimed Property Section or should be disposed of in another manner." A motion asking for such a review has never been filed and presented to the respondent-judges.

I'd say Missouri judges and lawyers will follow this case with interest.

RUST COMMUNICATIONS held a midyear publishers meeting in EUREKA SPRINGS, ARK. We had a great business meeting situated at the HOLIDAY ISLAND retirement community about seven miles north of Eureka Springs. It was a great place for fishing, swimming, golf, shuffleboard and other activities.

The success of the meeting (tied in with the Arkansas Press State summer meeting) goes to the city of Eureka Springs itself. Recently it was named one of the 10 top unique cities in the country. Everyone loves to go to Little Switzerland.

With "The Great Passion Play" named the best outdoor drama in the country, the city has built on its draw with two longtime country-music shows, a magic show, a wildlife park, a history museum and dozens of boutiques, antique stores and bed-and-breakfast inns.

RUSH LIMBAUGH'S new earnings now place him ahead of the annual salaries for Dan Rather, Peter Jennings, Tom Brokaw and Barbara Walters COMBINED.

A tax-cut parable: If you think the Bush tax-cut plan is unfair, read this rebuttal to the Daschle-Gephardt attack that appeared in the March 4 Chicago Tribune. The ratios are roughly accurate: 10 percent of the taxpayers pay about 60 percent of the taxes collected, 30 percent pay 37 percent and 20 percent pay 4 percent.

Every night, 10 men met at a restaurant for dinner. At the end of the meal, the bill would arrive. They owed $100 for the food they shared.

Every night they lined up in the same order at the cash register. The first four men paid nothing at all. The fifth, grumbling about the unfairness of the situation, paid $1. The sixth man, feeling very generous, paid $3.

The next three men paid $7, $12 and $18, respectively. The last man was required to pay the remaining balance: $59. He realized he was forced to pay for not only his own meal, but also the unpaid balance left by the first nine men.

The 10 men were quite settled into their routine when the restaurant threw them into chaos by announcing that it was cutting its prices. Now dinner for the 10 men would only cost $80. This clearly would not affect the first four men. They still ate for free. The fifth person decided to forgo his $1 contribution, while the sixth pitched in $2. The seventh man deducted $2 from his usual payment and paid $5. The eighth man paid $9. The ninth man paid $12, leaving the last man with a bill of $52.

Outside of the restaurant, the men began to compare their savings, and angry outbursts began to erupt. The sixth man yelled, "I only got $1 out of the $20, and he got $7," pointing at the last man. The fifth man joined in. "Yeah! I only got $1 too. It is unfair that he got seven times more than me." The seventh man cried, "Why should he get $7 back when I only got $2?"

The nine men formed an outraged mob, surrounding the 10th man. The first four men followed the lead of the others: "We didn't get any of the $20. Where is our share?"

The nine angry men carried the 10th man up to the top of a hill and lynched him. The next night, the nine remaining men met at the restaurant for dinner. But when the bill came, there was no one to pay it.

Gary Rust is chairman of Rust Communications.