Rocky Kingree makes ballot for circuit judge in Butler County

Aided by a June 19 appellate court ruling in another case, Rocky Kingree of Van Buren, Missouri, was successful Tuesday in getting his name placed on the Aug. 5 primary election ballot as the only Republican candidate for Division II associate circuit judge in Butler County.

The only other candidate for the position is the Democratic incumbent, John Bloodworth of Poplar Bluff, Missouri.

Kingree, the Carter County prosecuting attorney, filed on March 25 -- the last day for candidates to file.

Acting on the advice of Paul Oesterreicher, assistant Butler County prosecuting attorney, Butler County Clerk Tonyi Deffendall mailed a March 26 certified letter to Kingree, saying he was disqualified as a candidate because he did not meet the one-year residency requirement in a state law that became effective Aug. 28.

Kingree said he was relying on the Missouri constitution, which says associate circuit judges shall be residents of the county. He said he would establish his residence in Butler County before the election.

After learning about the June 19 ruling, Kingree filed a petition in Butler County Circuit Court on Tuesday for a writ of mandamus and request for preliminary order.

He wanted a judge to order Deffendall to place his name on the Republican primary election ballot.

In his petition, Kingree cited the June 19 ruling signed by Western District Appellate Judge Joseph Ellis. The ruling stated "an election authority is not allowed to adjudicate election qualifications and is without authority to remove a citizen's name from the ballot."

Presiding Circuit Judge Michael Pritchett recused himself, and the Missouri Supreme Court appointed Circuit Judge Fred Copeland of New Madrid County to hear the case.

Copeland entered a preliminary order Tuesday afternoon ordering Deffendall to place Kingree's name on the Republican primary ballot as a candidate for Butler County Division II judge.

June 24 was called "the drop dead date" for the court to order anything on the ballot because it must be done six weeks before an election.

Deffendall had arranged for the Butler County ballots to be printed, but the printing had been delayed by language problems concerning proposed amendments to the Missouri constitution.

After Copeland entered his order, Deffendall notified the printing firm to add Kingree's name to the Republican ballot. Absentee ballots will be printed first, then the election-day ballots.

Copeland also scheduled a hearing on Kingree's petition for 9 a.m. Aug. 27 in Butler County Circuit Court.