For Oklahomans, this is a huge deal… When the US government stole tribal land in what is now Oklahoma, it forgot to formally disestablish the tribal borders. That means all those thousands of cases between the State of Oklahoma and Oklahoma Indians should be heard by federal courts, not state courts – at least that’s what a federal appellate court said in a criminal case in which one Indian was convicted of killing another in state court and appealed to federal court. It might also mean non-Indians with interests in what might now be considered tribal lands are governed by a different set of laws than they had thought. Beyond criminal cases, the oil and gas industry and others have taken an interest. The U.S. Supreme Court has agreed to hear the case. In the meantime, stakeholders in Indian Territory (aka Oklahoma) are nervous about what law applies.
Drug and alcohol tests come up in court fairly often.
KT Health has information here.
AnyLabTestNow! has information here.
The Missouri Ethics Commission receives campaign finance reports from candidates. While candidates sometimes use flowery language or vague promises of being the best, MEC Reports are real, objective, verifiable facts. These can be a powerful indicator of what you can expect from a candidate.
What can we learn?
Umbarger: Campaign paid for 100% by self and wife. Integrity.
Umbarger: Every report filed on time. Diligence.
Barker: Accepts thousands from defense lawyers he faces in court at his current job.*
Barker: Relies overwhelmingly on money from out of county.*
Barker: Pays less than 4% of his own campaign contributions.*
Barker: Files late 3 out of 4 required campaign finance reports.*
*NONE of the other candidates currently running in Dallas County have done this.
Candidates for office in Missouri are required to periodically report to the Missouri Ethics Commission the sources of campaign funds. Candidates file reports July 16. While voters decide who is elected, it is important who finances a candidate’s campaign. “Dance with the one what brung ya!”
In order of appearance on the ballot, here are the reports filed by the candidates in Dallas County…
All candidate reports are sourced and publicly available from the Missouri Ethics Commission.
Over the years, I’ve earned some awards…
Equal Access to Justice Award; Legal Services of Southern Missouri & Springfield Metropolitan Bar Association (2008) (earned through service)
Pro Bono Publico Certificate; Legal Services of Southern Missouri (2005) (earned through service)
Rubey Hulen Memorial Scholarship; UMKC School of Law (1997) (based on merit)
Graduate Assistantship; MSU, College of Business Administration (1996) (chosen by faculty)
Presidential Scholar; MSU (1993 – 1996) (based on merit)
Robert C. Byrd Honors Scholar; MSU (1993 – 1996) (based on merit)
Bright Flight Scholar, MSU (1993 – 1996) (based on merit)
Student Government Scholar; MSU (1994 – 1995) (earned through service)
National Merit Scholar; National Merit Scholarship Corp. & Missouri State University (1993 – 1995) (selective, awarded to students in the top 99.5%ile, based on merit)
United States Court of Appeals for the Eighth Circuit
United States District Court for the Western District of Missouri Supreme Court of Missouri
Guardian ad Litem, Missouri Supreme Court Standards
Civil & Family Mediator, Missouri Supreme Court Rules 17 & 88
Approved International Election Observer, Tribunal Supremo Electoral de El Salvador
Here’s a little about my education…
Juris Doctor, University of Missouri – Kansas City (2000)
Master of Business Admin., University of Missouri – Kansas City (2000)
Bachelor of Science Accounting, Missouri State University (1996)
Honors Diploma, Glendale High School, Springfield, Missouri (1993)
Some lawyers like to contribute to the profession by publishing research. Below are some of my publications:
“Multijurisdictional Issues, 2014 Ed., Chapter 18” Missouri DWI Law and Practice, Missouri Bar Publications (2014).
“Identification, 2012 Supplement.” Criminal Practice Deskbook, Missouri Bar Publications (2012).
“Multijurisdictional Issues, 2010 Supplement.” Missouri DWI Law and Practice, Missouri Bar Publications (2010).
“Experts and the Science of Chemical Tests, 2007 Supplement.” Missouri DWI Law and Practice, Missouri Bar Publications (2007).
Some of you may have noticed some changes at the old Jeanie’s Hair Fashions. Jeanie sold me her place and I’ve been doing some renovation to make it suitable for my law practice/prosecutor’s office. I am really excited about finally having a place of my own for work right in the heart of Buffalo. I think it will make a fine office for my practice for many years and an approachable and accessible prosecutor’s office our county can be proud of – at zero cost to taxpayers (that’s right: free rent is my gift to the County).
Required to attend a mediation class for the Family Court in Polk County? Here is the schedule:
ADR Class Dates for 2018
- Monday, January 22, 2018
- Monday, February 26, 2018
- Monday, March 19, 2018
- Monday, April 09, 2018
- Monday, May 21, 2018
- Monday, June 11, 2018
- Monday, July 16, 2018
- Monday, August 06, 2018
- Monday, September 17, 2018
- Monday, October 15, 2018
- Monday, November 19, 2018
- Monday, December 10, 2018
*Class time – 6:00pm to 7:00 pm
*Class location – Polk County Courthouse, 3rdfloor, large courtroom
Rule change automates the preparation of the legal file in appellate cases, potentially yielding a significant reduction in the cost of an appeal. Litigants seeking review of error at the trial court level had been required to pay for the cost of preparation of the legal file, often at a cost of several hundred, even thousands of dollars. For indigent litigants not entitled to appointed counsel or otherwise exempt, this represented an often insurmountable obstacle to appellate review. The new rules go into effect January 1, 2018. A free guide is here.
The Missouri Supreme Court recognized today a right to jury trials for tenants sued for failure to pay rent. This represents a powerful tool for tenants and may require landlords to rethink strategy in evictions. In evictions, scheduling a jury often takes months, affording tenants significant extra time in the leased property, often at landlord expense. Landlords should be prepared for significant additional time and expense in eviction cases; tenants should try to understand their rights.