Court turns judge candidate away again

An appellate court has denied Rocky Kingree's request to dismiss the civil suit brought against him by the Butler County prosecuting attorney's office. The suit challenges his qualifications to become Division II associate circuit judge.

On Friday, Kingree filed two petitions with the Court of Appeals, Southern District, against Presiding Circuit Judge Fred Copeland of New Madrid County. They concerned cases brought against him by Butler County Prosecuting Attorney Kevin Barbour on behalf of Missouri and attorney Chris Yarbro on behalf of Associate Circuit Judge John Bloodworth.

A three-count petition filed by Ted Thompson, a Butler County assistant prosecuting attorney, sought to remove Kingree's name from the Nov. 4 general election ballot.

The petition filed on Bloodworth's behalf also sought to remove Kingree's name, claiming he is ineligible to run because he didn't meet the residency requirement required by state law.

In his petition, Kingree asked the Court of Appeals to order Copeland to dismiss both cases.

Kingree argued that Barbour lacked standing to challenge his qualifications, and his candidacy could only be challenged by Bloodworth.

Kingree previously has said he would establish his residence in Butler County before the election as required by the Missouri Constitution; however, the state constitution also requires candidates to meet other qualifications.

A one-year residency law became effective Aug. 28, 2013.

The writ filed in Bloodworth's case was disposed of Sept. 15 when the appellate court denied Kingree's request.

On Thursday afternoon, according to online court records, the appellate court issued its order again denying Kingree's request in the case filed by Barbour's office.

The most recent ruling by the appellate court will allow Copeland to rule on Yarbro and Barbour's petitions, which he took under advisement after a bench trial last week in Wayne County.

During the trial, Copeland heard testimony from Butler County Clerk Tonyi Deffendall and arguments from Yarbro, Kingree and Barbour.

At the conclusion of the trial, Copeland said, he was going to consider the filings and presented evidence in the suit brought on Bloodworth's behalf and would make a ruling sometime after Thursday morning.

Copeland indicated he was going to reserve ruling on the other suit until the appellate court handed down its decision.