Kinder seeks oversight of lawyer contracts

JEFFERSON CITY, Mo. -- After losing a lawsuit challenging the attorney general's hiring of outside counsel to represent the state in suing tobacco companies, Senate President Pro Tem Peter Kinder is pushing legislation to put controls on the retention of private lawyers by state agencies.

Dubbed the Private Attorney Retention Act, the bill would require state agencies to competitively bid contracts for fees expected to exceed $20,000. Contracts expected to cost the state $100,000 or more would be subject to appropriation by the General Assembly.

Attorney General Jay Nixon, a Democrat, hired the state's tobacco team five months before a national settlement was reached in the case. Kinder sued, claiming Nixon lacked the authority to enter into the agreement. The Missouri Supreme Court ultimately ruled the contract valid.

Under the terms of the tobacco settlement, Missouri is getting an estimated $4.5 billion over 25 years. The tobacco companies are paying the state's attorneys $111 million in fees from a separate fund.

Kinder said his bill would in no way cap fees or tie the hands of agencies that need to retain outside counsel. It would provide greater oversight to prevent sweetheart deals for politically connected lawyers, Kinder said.

Rochelle M. Tedesco, a Washington, D.C., lawyer, testified in favor of the measure last week before the Senate Pensions and General Laws Committee. Tedesco was representing the American Legislative Exchange Council, a national bipartisan association of state lawmakers.

Tedesco said Kinder's bill, which is similar to laws enacted in three other states, is needed because of a growing trend of states to hire lawyers to sue unpopular industries, such as cigarette makers or gun manufacturers, over the alleged social costs of legal products.

No one testified against the bill.

Bargaining suit appealed

Another Kinder lawsuit will likely end up before the Supreme Court at some point. Kinder is the lead plaintiff in a legal challenge of Gov. Bob Holden's executive order extending collective bargaining rights to many state workers.

Cole County Circuit Court Judge Thomas J. Brown III dismissed the case without a trial. On Feb. 21, Kinder appealed that decision to the Missouri Court of Appeals Western District in Kansas City. That court has not set date for oral arguments.

Success on appeal would force a trial. Regardless of the outcome, both sides expect the state high court will eventually have to resolve the matter.

Judy Moriarty returns

Capitol observers scanning the list of legislative candidates posted outside the secretary of state's office on Tuesday were surprised -- and in many cases amused -- to see the name of Judith K. Moriarty-Ebers.

Moriarty-Ebers, a Sedalia Democrat, is running for a seat in the House of Representatives -- the same body that in 1994 impeached her while she was secretary of state. The impeachment led to a trial before the Missouri Supreme Court and forced her removal from office.

The House began impeachment proceedings after Moriarty-Ebers -- then known as Judy Moriarty before her remarriage -- was convicted of a misdemeanor charge for backdating campaign filing paperwork for her son, a candidate for state representative. The secretary of state is Missouri's chief elections official.

If elected, Moriarty-Ebers shouldn't have to worry about strained relations with House members who voted for impeachment. Thanks to term limits, they will all be gone.

Honoring fallen troopers

Former Missouri Gov. Roger Wilson joined state troopers in a ceremony at the Capitol on Tuesday to remember their colleagues who died in the line of duty.

Wilson lit a candle and placed a flower under the portrait of Sgt. Ben Booth, an original member of the Missouri State Highway Patrol and the agency's first casualty.

Booth was fatally shot June 13, 1933, after stopping two suspected bank robbers at a roadblock in Columbia. The incident also claimed the life of Boone County Sheriff Roger Isaac Wilson, the former governor's grandfather.

Student regent confirmed

The Senate on Thursday confirmed the nomination of Laura E. Hockensmith of St. Louis as the student representative on the Southeast Missouri State University Board of Regents. Gov. Bob Holden picked her for the post last month.

Hockensmith, 20, is a member of the student government at Southeast. She is pursuing a bachelor's degree in marketing. She will serve as a non-voting member on the university's governing board.

mpowers@semissourian.com

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