Press "Enter" to skip to content

Cole County Judge blocks legislative subpoenas of Nixon Administration

JEFFERSON CITY, Mo. — Cole County Judge Daniel Green issued a preliminary order of prohibition today,  temporarily blocking subpoenas issued by a House committee investigating wrongdoing related to the scanning of personal documents by the Department of Revenue.

“You’re ordered to refrain from all actions in the premises until further notice,” Judge Daniel Green wrote in his order. He also writes that House Speaker Tim Jones, R-Eureka, has until tomorrow to file his own challenge to the decision.

Jackie Bemboom, head of DMV and Drivers Licensing, testifying before the committee. (photo by Collin Reischman)
Jackie Bemboom, head of DMV and Drivers Licensing, testifying before the committee. (photo by Collin Reischman)

The order was issued as Jones held a conference call with reporters where he blasted Gov. Jay Nixon for “stonewalling” his bipartisan investigative committee on privacy protection. Jones called the order, as well as Nixon’s behavior, a “legal trickery and machinations.”

Wednesday afternoon, five of six subpoenas filed were served to members of Nixon’s own inner circle of advisors as well as the former director of the DOR. In a challenge to the subpoenas, general counsel for the Governor, James McAdams, said the committee had no power to issue subpoenas because its membership of non-legislators disqualifies it from having legislative subpoena power.

In his argument, McAdams says, “Because this Committee includes non-legislators, it is not a committee of the House of Representatives authorized to receive the testimony of witnesses appearing pursuant to legislative subpoenas.

Jones told reporters that he feels “absolutely” sure his committee can subpoena members of the executive branch and that he discussed the issue with Attorney General Chris Koster earlier in the spring when forming the committee. Jones said that Koster advised him that his committeee would indeed have the power to issue legislative subpoenas. Koster’s office did not immediately respond to requests for a comment.

Jones said he would seek legal counsel before filing his challenge to the ruling, and that it would not immediately stop the actions of his committee, which will continue to hear testimony of those individuals voluntarily attending the meetings.

Our full and expanded coverage of the two days of DOR hearings, as well as input from committee members and detailed testimony will be featured in our Monday print edition.