JUSTICES WILL BREAK GROUND IN TRIAL

Missouri Supreme Court justices have to work out many procedural matters before it breaks new ground in the impeachment trial for suspended Secretary of State Judith Moriarty.

The trial, which is slated to begin Dec. 5, is the first-ever impeachment of a Missouri official.

Justices Duane Benton, W. Ray Price Jr. and Stephen Limbaugh Jr. were in Cape Girardeau Monday at the Missouri Bar Association's media breakfast served at the Holiday Inn, where they discussed the upcoming trial.

"We don't even have a witness stand in the courtroom," Limbaugh said. "I don't know what we're going to do with the witnesses."

Limbaugh said since Missouri hasn't conducted an impeachment trial in the 173 years it has been a state, justices are devoting time to work out the details of an impeachment trial proceeding.

He said the courtroom will have to be modified to accommodate witnesses and the consideration of evidence.

Moriarty faces impeachment after the Missouri House of Representatives voted in favor of the trial last month. The House's vote came after Moriarty was convicted of misdemeanor violations involving abuse of power as secretary of state.

She was accused of breaking the law when she allowed her son to file for office after the deadline had passed.

After the House's vote, Moriarty was suspended from office with pay.

Not only is Moriarty's the state's first impeachment trial, but Missouri hasn't conducted a proceeding even similar to an impeachment.

Impeachment trials are so rare in other states that Missouri is devoting much time to researching those trials.

"I believe there have been impeachment trials in Arizona or New Mexico and Pennsylvania," Benton said. "We'll have to look at how the other states have handled them."

The justices are even taking suggestions from attorneys representing Moriarty and the state.

"We're having the lawyers from both sides submit briefs," Price said.

The justices hope to have guidelines developed before the Dec. 5 trial date, he said.

"I think one of the most difficult tasks is working out the mechanics of the trial," Limbaugh said. "This is the first impeachment trial that will really happen. Other times they have resigned before they went to trial."

Limbaugh said cross examination of witnesses and the introduction of evidence might be sticky points for the justices.

"What if there's an objection?" he said. "Do all seven of the justices have to rule, or just one?"

Many other questions will have to be answered before the trial begins.

The justices shrugged when asked about the potential length of the trial.

"There's no precedent," Price said. "We'll try to stay one step ahead, where we've been one step behind in the past."