On Friday, a judge in Clay County upheld her earlier decision that Missouri Attorney General Andrew Bailey must respond to questioning under oath regarding discussions with a local official that could have breached legal ethics regulations.
Upon discovery that Bailey and a deputy had met with a member of the Jackson County Legislature without the county’s attorneys’ knowledge, Judge Karen Krauser has issued an order for Bailey to undergo a deposition.
In December, Bailey took legal action against Jackson County’s property assessment process, naming the Jackson County Legislature as a defendant in the lawsuit.
It seems that the meetings have breached the professional conduct regulations established by the Missouri Supreme Court. These guidelines forbid lawyers from engaging in meetings with parties involved in a legal dispute without their lawyer’s consent. As a result, Bailey was instructed by Krauser to provide sworn testimony regarding the meetings to Jackson County’s legal team.
During a hearing on Thursday, Jason Lewis, the general counsel for the Attorney General’s Office, urged Krauser to reconsider her decision. He argued that mandating Bailey to attend a deposition could establish a worrisome precedent.
Lewis explained that the Attorney General’s Office holds a significant institutional stake in preventing the deposition of a current statewide official in every case.
According to Bailey, Krauser’s order is a significant threat to the attorney general’s freedom of speech during the campaign trail. He believes that the meeting between the county official and the attorney general’s campaign staff was a casual and brief one, which had no relation to the lawsuit. Bailey further claims that, at most, a passing remark was made about the lawsuit during the meeting.
On Friday, the reasoning behind the judge’s decision to deny the motion to reconsider her order was not disclosed in the one-page ruling. Additionally, the judge denied Bailey’s request to disqualify the lawyers representing Jackson County in the property tax case.
According to Bailey’s spokesperson, the office of the attorney general is currently exploring all possible legal avenues.
