Poplar Bluff city prosecutor resigns; interim city attorney appointed

POPLAR BLUFF, Mo. -- After more than 11 years in his position, city prosecutor Wade Pierce submitted his resignation Friday amid political turmoil surrounding the May 5 firing of former city manager Doug Bagby. Meanwhile, Robert Smith has been appointed interim city attorney.

"As it is no longer economically viable for me to continue my relationship with the city, I have decided to terminate my professional services contract with the city of Poplar Bluff and resign as its prosecuting attorney," he wrote in his resignation letter. "Since I am not, and have never been, a city employee, and have instead worked exclusively under a professional services contract subject to termination at any time by either party, no formal paperwork should be required of me nor benefit termination arrangements made.

"However, since the compensation for my services has been paid by the city on a monthly basis, and it is important for your law enforcement officers to have a prosecutor on call and available at all hours in order to answer questions which may arise, I believe it would be easiest for my resignation to be effective at midnight on May 31, 2014."

After being appointed by Bagby, Pierce and Municipal Court Judge W. Dean Million developed a process for scanning and storing citations, reports and related documents submitted to them by the Poplar Bluff Police Department. They also worked to acquire the technology needed to access the files electronically.

Pierce said his decision to terminate his relationship with the city "was neither easily nor hastily made."

"Since mid-December 2002, I have served the citizens of Poplar Bluff as their prosecuting attorney, and it has been an honor to do so," he wrote. "I was born and raised in this town, and intend to continue to work and live here for many years to come. I am excited to see our city and surrounding areas continue to grow and reap economic benefits from that growth. While I am looking forward, together with my longtime friend and law partner, Wally Duncan, to focusing my attention exclusively on meeting the needs of my private practice clientele, I will continue to also look for opportunities to better our community and serve where needed."

Duncan served 27 years as Poplar Bluff's city attorney, but resigned May 9, shortly after the city council fired Bagby, who was Duncan's boss. In his resignation letter, Duncan said, "As I no longer feel that I have the confidence and trust of a majority of the City Council, I am notifying you of my decision to resign."

Meanwhile, lawyer Smith on Wednesday accepted the position of interim city attorney.

"I consider it to be an honor to serve the city," said Smith, who has been a lawyer since 1981.

"Wally has been an excellent city attorney," Smith said. "It will be hard to fill his shoes."

Smith returned to Missouri in 1989, served four years in the early 1990s as an assistant Butler County prosecutor and was the 36th Judicial Circuit presiding judge for about 18 months in 2009 and 2010. He also has represented the cities of Greenville and Van Buren, Missouri, for short periods, along with water districts.

Pertinent address:

Poplar Bluff, Mo.