Bench trial scheduled on judicial candidacy

POPLAR BLUFF, Mo. -- A bench trial on efforts to get Rocky Kingree removed from the Nov. 4 general election ballot in Butler County will begin at 10 a.m. Wednesday in Wayne County Circuit Court.

Kingree is running as the county's Republican candidate for Division II associate circuit judge, a move that has spawned two different but related cases.

Circuit Judge Fred Copeland of New Madrid County set the trial date after asking Kingree and the other lawyers to resolve both simultaneously.

"Both cases involve the same circumstances," Copeland said Monday in Butler County Circuit Court. "We need to get this resolved in a timely fashion."

A ruling needs to be made quickly, because Butler County Clerk Tonyi Deffendall wants to have the ballots printed in time for absentee balloting to begin Sept. 23.

Kingree, an Ellsinore, Missouri, resident and the prosecuting attorney in Carter County, filed his declaration of candidacy in Butler County on March 25 -- the last day to file.

The next day, Deffendall mailed Kingree a certified letter saying he was disqualified because he did not meet the one-year county residency requirement under a state law that became effective Aug. 28, 2013. She acted on the advice of the Butler County prosecuting attorney's office.

Aided by a June 19 appellate court ruling, Kingree was successful in getting his name placed on the Aug. 5 primary election ballot. On June 24, Copeland ordered Kingree's name be on the ballot.

On Aug. 6, the Butler County prosecuting attorney's office filed a petition in Butler County Circuit Court challenging Kingree's qualifications to become the Division II associate circuit judge.

Kingree filed a motion to dismiss the petition Aug. 24. He claimed Butler County prosecuting attorney Kevin Barbour lacked standing or failed to state a claim upon which relief can be granted.

Barbour argued Deffendall was "doing her job" in determining Kingree was not qualified to file in Butler County.

Copeland said there is a law allowing a prosecutor to bring an action against a candidate whose qualifications have been challenged.

On Aug. 26, attorney Chris Yarbro of Poplar Bluff, acting on behalf Butler County Division II Associate Circuit Judge John Bloodworth, filed a petition challenging Kingree's qualifications.

On Sept. 5, Kingree filed a motion to dismiss the petition.

Kingree argued Yarbro did not file the petition within the time limit allowed by law. Yarbro responded he did file the petition by the deadline, which was the 10th Tuesday before the general election.

Copeland denied both motions to dismiss Monday.

Yarbro and Kingree exchanged words about where Kingree has lived.

Yarbro argued Kingree said he never resided in Carter County, while Kingree contended he was referring to the time before he was elected prosecuting attorney in Carter County.

According to documents obtained by Yarbro, Kingree stated he was a Carter County resident when he filed for three offices -- prosecuting attorney in Carter County, a board member at Three Rivers College and for associate circuit judge in Butler County.

Yarbro raised the possibility Kingree could be charged with felony election fraud if his residency claims prove false.

Certified copies of Kingree's voter registration records in Butler and Carter counties, personal financial disclosures, property deeds, vehicle registration and title applications, and personal property tax declarations for 2013 and 2014 are being sought by Yarbro.

He was scheduled to take Kingree's deposition today in preparation for the Sept. 17 trial.

If Copeland does not allow Kingree's name on the Nov. 4 ballot, Kingree is expected to file an appeal with the Missouri Supreme Court to challenge the constitutionality of the one-year county residency requirement.

If Kingree is allowed to remain on the ballot, he will challenge Bloodworth in the general election. Bloodworth, a Democrat, is seeking his fifth four-year term.