THE PUBLIC MIND: JUDGES SHOULD BE HELD ACCOUNTABLE FOR ACTIONS AT BALLOT BOX

To the Editor:

On April 5, 1992, John L. Oliver Jr. responded to a "Speak Out" article concerning Missouri Appellate Judges declining retention vote. I revere Mr. Oliver's judiciary scholarship, however, I am compelled by my civic duties to reply to a number of misstatements in his letter to the editor of the Southeast Missourian.

1) "No Appellate Court has ruled on the `Hancock' Amendment." is not factual. The case of City of Lexington v. Seaton. et al 819 S W. 2d 753 (Mo. App. W. D. 1991) had within its adjudication the question of violation of the "Hancock" Amendment. This case was adjudicated before Judge C.J. Low~enstein, Missouri Court of Appeals Western District.

2) "Where the voter got the idea that licenses or fees were covered is strange since neither ... appears in the `Hancock' Amendment." The voter has obviously read the Missouri Constitution as amended 1982. Specifically, Article X, Section 22, "Counties and other political subdivisions are hereby prohibited from levying any tax, license or fee not authorized ... when this section is adopted or form increasing the current levy of an existing tax, license or fee, above that current levy authorized ....", or the voter may remember the official ballot title for the `Hancock' Amendment which specifically informed the voters that this amendment "prohibits local tax or fee increases without poplar vote".

Perhaps the caller was trying to enhance the attention of the voters to the shift in the courts opinions in regards to the "Hancock" Amendment and its limitations of increasing revenue by governments.

In any case, Article I, Section I of the Missouri Constitution provides: "That all political power is vested and derived from the people; that all government of right originates from the people is founded upon their will only, and is instituted solely for the good of the whole." Therefore, as the caller stated, Judges should be held accountable for their opinions by the people at the ballot box.

However, it is my contention that the voter has a responsibility to assess the opinion of each judge and vote his or her conscious at the ballot box.

Lawrence L. Godfrey

Cape Girardeau