Removal of most politicians requires impeachment effort

JEFFERSON CITY, Mo. -- Recall Gov. Bob Holden? Not without changing the Missouri Constitution.

Unlike in California, where there is an effort to recall Democratic Gov. Gray Davis, state officeholders in Missouri can only be removed before the end of their terms through the impeachment process. That is the case in most states.

However, the drafters of the Missouri charter did consider the recall option.

Dr. Greg Casey, a professor emeritus of political science at the University of Missouri-Columbia, said several states adopted recall options, along with initiative and referendum provisions, during the decades preceding World War I to enhance direct democracy amid widespread corruption.

California is currently one of only 18 states that can authorize recall efforts.

While Missouri embraced initiative and referendum, the recall concept never caught on.

The idea was revived during the writing of the current state constitution, which voters ratified in 1945 to replace Missouri's 1875 charter.

According to the 1971 book "Constitution Making in Missouri: The Convention of 1943-1944" by University of Missouri at Columbia political science professor Martin L. Faust, recall became a convention topic in response to the failed effort to remove state Treasurer Larry Brunk of Aurora from office.

In 1931, the House of Representatives impeached Brunk, a Republican, on misconduct charges for alleged illegal dealings involving his handling of state funds.

As was the procedure at the time, Brunk was tried before the Senate, where he previously had served. Incidentally, Rush Limbaugh Sr., R-Cape Girardeau, was one of the three House members who prosecuted Brunk.

Upon conclusion of the politically charged trial, a majority of senators voted for conviction. However, the effort fell short of the two-thirds majority needed.

As Faust wrote: "The conclusion widely held as a result of the experience was that a trial of impeachment charges by the Senate was an inadequate way to arrive at the truth and to protect the public interest, and that a better way should be found."

Convention delegate J.T. Opie, a Kansas City Republican, was among those who proposed a constitutional provision setting forth recall procedures for all state elected officials. However, the suggestion was rejected by a convention committee.

The convention adopted the alternative fix of moving impeachment trials from the Senate to the Supreme Court. That process was used to oust Secretary of State Judi Moriarty, a Sedalia Democrat, for election law violations in 1994.

If the California recall effort is successful, Casey, the political science professor, said it could challenge the notion of fixed terms and destabilize state government. However, he said governments in California, Missouri and other states are disrupted from time to time but always adjust.

mpowers@semissourian.com

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