Questions arise over Missouri attorney general's residence

JEFFERSON CITY, Mo. -- New Missouri Attorney General Josh Hawley doesn't plan to move to Jefferson City from his home in rural Boone County, despite a state law that seems to require him to "reside" at Missouri's capital city.

A legal analysis provided Tuesday by deputy attorney general Michael Martinich-Sauter states Hawley is complying with the law because his home is within "ordinary commuting distance" -- about a 20-minute drive -- of Jefferson City, much like state employees who commute to the capitol complex from other areas of Jefferson City or other areas of the county.

Hawley, a Republican and a former law professor who campaigned on his experience as a constitutional lawyer, lives about 20 miles north of Jefferson City near Ashland.

A state law says the attorney general "shall reside at the seat of government," which the Missouri Constitution states is Jefferson City. The law also requires the attorney general's office to be in the Supreme Court building.

"Josh is the first Attorney General in modern history who already lived in the local area of the Capitol before he was elected," Hawley spokesman Ryan Cross said in a statement. "He lives a brief commute from the Supreme Court building. His office is in the Supreme Court building. He's in compliance."

Assistant House Minority Leader Gina Mitten, a Democrat from St. Louis, however, said Hawley needs to move.

"Unilaterally declaring that state law doesn't mean what it says just won't cut it," Mitten said in a statement.

It's unclear whether any action could be taken against Hawley.

Martinich-Sauter said in his analysis the law written in 1835 imposed the residency requirement to ensure the attorney general was present to conduct business at the Capitol building and "Hawley plainly satisfies that requirement." He also contends the ordinary definition of "at" means presence "in, on or near" something, and "reside" as used in the law doesn't refer to the attorney general's personal home but rather to where he conducts his business.

Democratic House Minority Leader Gail McCann Beatty of Kansas City said the issue surrounding Hawley's residence is another example of inexperience by Missouri's new Republican administration, including Gov. Eric Greitens and Secretary of State Jay Ashcroft, who all are holding their first elected office.

"But inexperience is no excuse, and they are quickly proving why high statewide office is no place for beginners," she said.

The Missouri Republican Party said the dustup over Hawley's residence detracts from more serious issues.

"This is not a time for frivolous political attacks, it's a time to put Missouri jobs back on the table, to protect the safety of our citizens and to provide a viable future for our children," GOP party chairman Todd Graves said in a statement.