HOUSE PANEL TO RESUME SECRETARY OF STATE PROBE

POPLAR BLUFF -- The full House of Representatives might want to wait a week before returning to Jefferson City, Rep. Mark Richardson said Saturday.

The Poplar Bluff Republican said the special committee investigating impeachment proceedings against Secretary of State Judith Moriarty will resume Monday at 9 a.m.

Richardson, a committee member, said a court appearance by Moriarty Friday could make it unnecessary for the full House to meet.

The full House session is scheduled for Wednesday at 2 p.m.

Gov. Mel Carnahan had called the special session to consider impeaching Moriarty, a Democrat.

A Cole County jury recently found Moriarty, the state's chief elections officer, guilty of back-dating paperwork to allow her son to file for the Missouri House.

She is awaiting sentencing, and because the charge relates to her official duties, when sentenced she would be required to forfeit her office.

Moriarty refused to heed demands from Carnahan, also a Democrat, that she resign, and he called the impeachment session.

Her attorney, Roger Brown, has filed a motion for a new trial, and Circuit Judge James McHenry has set a hearing for Friday.

If the new-trial motion is denied, McHenry could then move to sentencing.

"There is no doubt that under the statutes, if she is convicted she forfeits the office," Richardson said.

Once a judge sentences her, the conviction stands.

If the judge were to grant a new trial, Richardson said lawmakers may want to re-consider whether to proceed with impeachment.

The judge could also suspend sentencing, which Richardson said "clouds the picture, but I think we should continue with impeachment and look at it on its merits."

Richardson, along with many of his Republican colleagues, have criticized Carnahan and legislative leaders for moving ahead with impeachment proceedings before Moriarty's legal options are exhausted.

They argue impeachment proceedings are premature and could waste tax money.

Rep. House Majority Whip Larry Thomason of Kennett said Saturday he expects legislators to move forward on impeachment this week, even with Friday's court hearing.

Thomason said there is no assurance sentencing will occur at that time.

"I don't think anything will change our coming in unless she resigns," he said. "We want to keep the process moving and not draw it out."

Thomason added that people have lost confidence in the secretary of state's office and Moriarty needs to resign or be forced out.

"We are moving to restore confidence in the office," he said.

Attorney General Jay Nixon has pledged to move forward with legal proceedings if Moriarty's sentence is suspended.

The committee held hearings on Sept. 22 and 23 but hasn't met in the last week because Committee Chairman Gary Witt of Platte City is on his honeymoon.

Other members of the panel are Reps. Steve Gaw, D-Moberly, Connie Wible, R-Springfield, and O.L. Shelton, D-St. Louis.

Even though Moriarty was found guilty of a misdemeanor, state law would requires her to resign once she is sentenced.

Richardson said the law was passed in 1967 because legislators were frustrated that a judge who had been convicted of crimes wouldn't give up his office, forcing them to proceed with impeachment proceedings.

"The intent of the statute at the time was to prevent having to use the cumbersome, expensive impeachment process," Richardson said.

The irony, he said, is that this impeachment process is what the statute was to prevent.

"But rather than let that statute take effect in this situation, we have begun the cumbersome, expensive impeachment process," he said.

If the House approves an article or articles of impeachment, a trial would be held before the Missouri Supreme Court.

Five of the seven judges would have to agree that Moriarty should be removed from office.