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OpinionDecember 13, 1997

Twice in the last month, a Southeast Missouri sheriff has left office because of nepotism. In November, a circuit judge ousted the Butler County sheriff because he had appointed his son-in-law as a reserve officer. Then in early December, the New Madrid County sheriff resigned. He had hired his sister-in-law as a temporary prisoner transportation guard...

Twice in the last month, a Southeast Missouri sheriff has left office because of nepotism.

In November, a circuit judge ousted the Butler County sheriff because he had appointed his son-in-law as a reserve officer. Then in early December, the New Madrid County sheriff resigned. He had hired his sister-in-law as a temporary prisoner transportation guard.

Both cases were not flagrant violations. The reserve officer position was unpaid, so the sheriff felt the state's nepotism law didn't apply. In New Madrid, the hiring was for a one-time trip to take a convict to prison -- a job she had performed before her brother-in-law took office.

And both involved in-law relationships.

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But the recent ruling makes the matter quite clear to public officeholders: Don't hire or appoint a relative -- even in-laws -- for any reason, with or without pay. Period.

The recent ruling makes it clear that a relative as defined by state law includes both ties made by blood and marriage.

The only penalty -- and it's a hefty one -- is for the offender to forfeit his or her office. But it doesn't stop the ousted officeholder from running again.

The Butler County case has been appealed. Since it deals with a constitutional question, the case will go directly to the state's Supreme Court. No doubt officeholders from around the state will be watching this ruling closely.

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