Since each side is allowed to ask one time for a change of judge that almost guarantees that no decision on the request by Joplin residents Joshua Bard, Jon Buck, and Jamie Johnson for writ of mandamus.
It also will ensure that the three board members appointed by the Commission, Gary Nodler, Sallie Beard, and Ron Gatz, will continue to be seated at the regular meeting Tuesday, June 23, and will be able to conduct business.
The School Board's request for a change of judge, tellingly, did not come from attorney Shellie Guin, who was hired by the board Thursday night, but from board member Lynda Banwart, according to online Jasper County Circuit Court records.
Joplin attorney Teresa Kenney filed the Jasper County Commission's request for a change of judge.
32 comments:
Can one person on the board do that. Or did they vote on it in closed session?
If they hadn't requested a change of judge, the losing side would have just appealed. The judge, being the former attorney for Joplin BoE should have recused himself to avoid this delay.
Well, she didn't get what she wanted at the meeting SHE called last night, so try again! The fix was in last night to call the meeting, make her the President of the Board, and rule the world! She is a conniving "B" and should be drummed out with her coharts who intruded themselves on the Board last night. They were not even civil to the three ELECTED members. What is their commitment to the school district and the kids of Joplin? NONE!!! This is truly a travesty!!
Gees give it up all ready..what a B
What are they trying to pass that's so important to them that she would go to such extreme?
What is being covered up that she and her cronies do not want exposed? Someone needs to call the Feds, this is getting out of hand and there is obviously an agenda that she is pushing in order to get these people on the board to give her the majority votes - come on people of Joplin, stop this train wreck - it's YOUR TAX PAYING MONEY they are using as their own bank account. Someone needs to investigate these people and find out what is really going on.
The judge, being the former attorney for Joplin BoE should have recused himself to avoid this delay.
It could be viewed as convenient that he didn't recuse himself.
How does she live with herself? What is this really all about? Why is she so bent on controlling the school board? What are her true motives? So many questions and so many lies - truth will win out in the in, it may take time, but the truth always wins
Is a recall petition an option?
shameful behavior. shameful. What is wrong with you people. Is it money, greed, power, control issues. For crying out loud, do something "for the kids" Not yourselves... Thank God mine are long ago out of here. Terrible example you are all setting. I would love to name names, but you know who you are.
What crimes have these people committed that they are this desperate? What have the students and staff of the Joplin District done to deserve this kind of treatment from these people? This is the most wretched bunch of people anyone has ever seen. They must keep control of the superintendent's seat in order to keep the new Board and the new super from investigating their plundering of the donations and their political activities. They will happily sacrifice the education of over 7,000 children in order to stay out of that prison orange.
Pathetic. Let her highness know how you feel about her latest way to harm the students: 540-2836. She will be anxious to hear from her city, those who voted for her thinking she cared about the schools. Don't hold back. Let her know how you really feel.
Vote No. Remember to Vote NO on every exisiting commissioner. This has been a travesty of justice. I think I live in Mayberry.
6:51
The royal princess is going on vacation soon while the commoners stay here and toil. She and her rich friend will be having a lovely shopping trip while the school district finishes collapsing in on itself. So, if you want to visit with Mrs. Banwart, you better do so soon.
It's amusing to watch some of you barely get your tin foil hats on before your heads start exploding. Or it would be if it didn't involve wasting tax dollars.
The mover behind the legal maneuvering has so far been beaten at his own game. The sad thing is, it's not a hard game to play if you know what you're doing.
Don't be surprised if you now get judicial recusals and the cases have to go to the Supreme Court for assignment to an out-of-county judge, probably someone from outside southwest Missouri. You're weeks away from even having a judge who can make a decision.
Legal beagle should have filed the petition for writ in the appellate court to start with. Leagle beagle tried forum shopping and lost. Then legal beagle tried the shotgun approach and got trumped by a very simple and often used application.
And on the other side, they very well may have had a favorable decision coming their way, but rather than think it through, they filed a reflexive application and now risk a decision by a judge who might just decide the law applies to these facts in a way they do not like.
Nice job by everyone involved.
Would I rather have a board comprised of those chosen by voters and other board members? Sure.
Do I think those who've been appointed are basically good people who will be able to work with the rest to get through the next election? Yes.
Everyone needs to stop playing cloak and dagger and remember who they are and what this ultimately is all about.
A pox on all their houses if they don't.
And shame on those of you who make uninformed, unintelligent remarks about named people you don't know (or pretend to know) and things you don't know about. You do your "side" no favors and you make those with whom you disagree look reasonable.
The wealthy have been pushing for a monopoly on learning since public education became an American (and most succesful nations') pillar of society. The cry for vouchers to benefit private schooling at the expense of public schools has been a major plank in the right wing platform. CJ Huff proclaimed himself a "conservative." He carried the water for the local arm of the Romneyesque elite. The total and abslolute destruction of tax funded education has always been their goal. They enjoy the added benefit of profiting from the financial undecutting of the very institution they have vowed to terminate.
If you want public education to end, support Banwart, the Commission, Huff, JPC , Globe, CART, and thier allies.
If you support public education, support Koch,
Martucci, Fort, and their allies.
I am rubber and you are glue
Whatever you say
Bounces off me and sticks to you.
For the first time ever,since I've started reading Mr.Turners blog, I'm going to make a comment about a reply I just read above. 7:51 I'm impressed! Very well said & I can tell your an educated person. I was going to comment until I read your response! VERY WELL SAID! Maybe you should run for the board? Just a thought.
Way to comment on your own comment.
I would question whether someone who does not know the difference between "your" and "you're" has the ability to judge how well one is educated.
I quest we know who the real leader of the board is.
The students, employees, and patrons of the Joplin R-VIII have been taken hostage by those who requested a change of judge. We can't move forward until this lawsuit is settled and Mrs. Banwart has made sure that won't happen anytime soon.
The appointees are in limbo too until the lawsuit is settled; if a judge rules that Jim Kimbrough should be sworn in then there wouldn't be three vacancies, right?
my question is if the attorney told them that they couldn't put the person on the board. Shouldn't he be to blame as well after all he is the school board legal adviser. But his name has not come up an any of the cases.
LOL!! WOW! YOU pick that to comment on,really? You or you're correct. I sure did make a grammatical error to my reply. It sure couldn't have been an "auto correct " issue at all! Nawww! Such a pathetic response & so orginal. It's much easier to attack someone & "try" to take away from the well stated remark than it is to make,or try,one of your own. That said, your red pen correction sure made a statement of your character,or lack there of. I stand by my first statement that his/her response was very well stated. I allowed you to bring me down to your level of immaturity however,I did make a mistake. So thanks for the heads up. I didn't proof this one as well.So break out the pen. I gave you the response & attention you wanted. Hope it helps rebuild your fragile ego & need for attention.
Easy there sweetheart. Take your ritalin before you give yourself a stroke.
Let me see if I can explain what I think is going on:
The first petition was filed in Newton County in an effort to get it before a judge who was thought would issue a preliminary writ (sort of like a temporary restraining order). But though the judge had the discretion to issue a preliminary writ, he opted to give respondents ten days to respond, effectively killing that strategy because the new Board members were then appointed. Those appointments also effectively killed any chance that the Southern District might grant a preliminary writ had the petition been filed there.
The strategy apparently then became to file in Jasper County, but by joining the Commissioners (who are necessary parties now because by then they'd made the appointments) in the same case as the Board, it would have given the Commissioners the ability to do what they've done--file a change of judge application and effectively stall the case.
So they filed two petitions--one against the Commissioners and one against the Board. The theory I'm sure is that if the Commissioners predictably filed a change of judge, the case against the Board would go on and the chance for a writ remain alive. After all, why would the Board try and delay a case a majority of them might not be disappointed to lose? And if the writ is denied, the decision can be appealed.
I don't know what the judge will do, but I won't be surprised now if he decides that the two cases need to be consolidated because they contain common issues of law and fact and one cannot be decided without also deciding the other. If he does, the change of judge will apply to the consolidated case and a new judge will have to be assigned. Unless another judge in the circuit will accept assignment (read: not recuse), the case will go to the Supreme Court for assignment to a judge from outside the county.
In any event, just more drama and gamesmanship from each side. Most people are tired of this and of the willingness of some to go to such great lengths to satisfy their egos avenge their personal grievances.
Th superintendent has resigned and that change was needed. Ron Gatz is a smart, prudent person. Most of all, he's his own person. I know of no reason why the other two appointees won't be adequate placeholders until the next election. Look, I'm the first to criticize CART and the JPC, as I think those groups are somewhat comprised of people interested not in civic service, but in padding their resumes and promoting/protecting themselves, and so if Gatz or anyone else is connected with those groups, I think it's important to know, but I don't believe in absolute guilt by association, and I know Ron and he's one of the few people I trust to be in this position.
Each "side" has taken their swings at the other, and everyone has had their turn creating drama. Continuing on the current path only embarrasses the city more and does nothing to promote an atmosphere that will allow the future Board (however it is comprised) to govern the district properly.
The game players and string pullers on each side need to be told to grow up and focus their efforts on elections if they don't like what's happened or what happens. Their over-sized egos and petulant behavior do nothing but cause them embarrassment.
If the judge does render a decision, everyone should agree to respect it and move on.
Correction to my 11:52 post.
I looked at Case.net and didn't see the Banwart change of judge, so that does delay the whole thing without consolidation. They'll still have to get a new judge assigned, and if the remaining judges recuse, it could take a while for a decision.
An interesting question is whether an individual member of the board, though named in their capacity as a member, has the ability to ask for a change of judge, or whether that right belongs only to R-8. In other words, there might be an argument that the change of judge is a nullity and the judge can still render a decision. I'll leave that for someone else to figure out, but it would be nice to get a decision and get this out of the way (assuming someone doesn't appeal).
What an embarrassing mess.
11:52
I have never met Ron Gatz, so I cannot attest to his character. However, first impressions are important, and the first time I saw Gatz was after the Board meeting when he was chatting it up with Landis. Landis took off like a scared rabbit when he noticed that people were witnessing what could, considering the current circumstances, appear to be collusion. I have little faith at this point between that and knowing that Gatz is a frequent contributor to the JPC and is treasurer of the school foundation. Huff did brag that the auditors would find nothing since they hid the money in Bright Futures and the Foundation. He must keep his friends in control of those two entities if he is to survive. Don't you wonder how many people have their fingers in the cash drawer?
I have seen this story on two television stations now. I hope Lynda Banwart and her accomplices are proud of what they are doing to the students and staff. I wonder how it feels to be the most despised person in town. Once again, if you would like to talk to Lynda Banwart about her choices on behalf of the JPC instead of the children, call her: 540-2836. She'll be more than happy to hear from the voters and taxpayers. She took this on herself to do, and she will want to explain to you how it will help your children learn.
She is an embarrassment to women - to allow these good ol' boys to use you in this debacle is just degrading to all women. Instead of doing their bidding, she needs to do what is right and make the people who are the main players in this conspiracy to be held accountable for their misdeeds. Instead, she is allowing them to use her to be the face of trying to take control of the Board of Education. She will also be the one to take the fall. It will be very lonely way out on that limb by herself, it's only a matter of time.
Be careful whose you kick on the way up as it will likely be the one you kiss on the way down.
7:42
What makes you think she is being used? Anyone who has dealt with Lynda, whether it concerns her children (always getting special services at school, including grade changes and schedule changes to ensure an A on the report card), her business, or anything else knows she is very rude, condescending, stubborn, and selfish. I wouldn't be surprised to find out that she is using the men, as none of them are coming off as being too bright. She is evil personified.
Cruella Deville.
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