Missouri Senate seeks right to intervene in lawsuits

JEFFERSON CITY, Mo. -- Missouri lawmakers would be able to hire defense attorneys under a measure modified in response to a lawsuit filed by a liberal advocacy group against the Senate and three Republican senators over alleged violations of the state's open records law.

The measure gained initial approval in the Senate on Thursday. It would allow individual chambers of the General Assembly or members of either chamber, with the approval of the respective chamber's leader -- the House Speaker or Senate President Pro Tem -- as well as administrative committee, to hire an attorney to be paid for from state funds.

Senate President Pro Tem Tom Dempsey said the state's attorney general has been contacted about the lawsuit but has not yet responded.

"This would allow us to retain a private counsel," Dempsey said.

The attorney general handles claims against elected officials for their official acts, except in rare cases of a conflict of interest, said attorney general's office spokeswoman Nanci Gonder.

The lawsuit filed Wednesday in Cole County Circuit Court by Progress Missouri says the policies of some Senate committee chairmen have violated the Missouri Sunshine Law by barring the group from filming hearings. The state's law governing open records and meetings does allows public bodies to establish guidelines on recording to minimize disruption, but the lawsuit says Progress Missouri's filming wouldn't have been disruptive.

The lawsuit also challenges some senators' policy allowing only members of a Capitol media association to film hearings -- stating that it violates freedom of association by essentially requiring Progress Missouri to join the group.

Some senators expressed concern Thursday about the potential costs of a private attorney in such lawsuits. Sen. Scott Sifton, D-Affton, said the wording of the bill carves out these lawsuits from the attorney general's ability to defend in these lawsuits.

The measure would also allow the Senate and House leaders to intervene in lawsuits challenging state laws if the attorney general declines to pursue further appeals or action.

Republican lawmakers have criticized Attorney General Chris Koster for not exhausting every possible challenge in cases involving same-sex marriage in the state. Missouri's constitution includes a definition of marriage limited to one man and one woman.

"I think he's not doing his job in defense of the Missouri constitution," Dempsey said.

Gonder said the attorney general had handled litigation since the beginning of Missouri's statehood. "(The bill) is an attempt to allow this General Assembly to inject politics into legal matters," Gonder said.

The measure would also allow individual members of the Legislature to file amicus briefs with the court if they don't agree with the position of the House Speaker and Senate President Pro Tem, a change made in response to concerns from Democratic senators.

The lawsuit measure is SB 475.

Online:

Senate: http://www.senate.mo.gov

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