Plaintiffs Want Attorney Removed - The Missourian: Local News

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Plaintiffs Want Attorney Removed

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Posted: Wednesday, March 27, 2013 6:32 pm

Two citizens representing themselves in a lawsuit against Franklin County appeared in court last Friday asking that the attorney representing the county be dismissed from the case.

The motion to dismiss Union attorney Matthew Becker was taken under advisement by Associate Franklin County Circuit Court Judge Robert Schollmeyer.

Plaintiffs Art LeBeau and Eric Reichert are among a group of county residents challenging the legality of the county’s new municipal court, which was established last year.

The plaintiffs argue that the court was illegally created.

During the hearing last Friday, Becker also argued a motion to dismiss the plaintiffs’ case entirely. That motion also was taken under advisement.

The plaintiffs say that the court was created by the state Legislature adding language to a bill that originally dealt with a different subject. The original bill dealt with juvenile court, which the plaintiffs say is a different subject than a county municipal court.

The lawsuit charges that the state Constitution forbids a bill from containing more than one subject.

Schollmeyer dismissed the case in January, saying the plaintiffs had no standing to sue since they have not been directly impacted by the court, such as being defendants in the court.

But the plaintiffs amended their lawsuit, saying that they are indeed impacted by the court since they are taxpayers of Franklin County.

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