Mo. court hears arguments on firing of judges

JEFFERSON CITY, Mo. -- A Missouri judge is considering whether to issue a preliminary injunction blocking the firing of three administrative law judges who decide workers' compensation claims.

Democratic Gov. Jay Nixon's administration says the layoffs are necessary under budget cuts passed by the Republican-led legislature.

But St. Louis attorney John Comerford, who represents the judges, argued in court Monday that state law allows them to be removed from office only upon the recommendation of a performance evaluation panel.

"The statute bars these administrative law judges from being terminated no matter what happens in the budget process," Comerford told Cole County Circuit Judge Jon Beetem.

Beetem issued a temporary restraining order last week preventing the firings from taking effect with the new state budget on July 1. He made no immediate ruling Monday on the request for a preliminary injunction.

The dismissals were defended in court by Ron Holliger, a former Missouri appellate judge who now is general counsel for Attorney General Chris Koster. Holliger argued the law allowing administrative judges to be removed by an evaluation panel does not prohibit their removal for other reasons, such as budget cuts. He said the 2005 law was intended to make it easier to remove the judges from their jobs.

"In 2005, the last thing in the world the legislature was interested in was preserving the independence and integrity of workers' comp judges," Holliger argued in court. "The whole workers' compensation system was under attack. If the legislature had had their way, they would have impeached every one of them, because they were giving too much money away" in workers' compensation rulings.

Five administrative law judge positions were eliminated by the budget cuts. One judge is retiring and another did not sue. The three plaintiffs -- Judges Henry Herschel, Matthew Murphy and John Tackes -- were appointed by Nixon's predecessor, Republican Matt Blunt.

Murphy works in Cape Girardeau, Department of Labor and Industrial Relations communications director Amy Susan confirmed in an e-mail to the Southeast Missourian. Murphy's is the only local position the department is eliminating. Susan said Murphy has worked in Cape Girardeau since Dec. 4.