Friday, November 15, 2024

Judge rejects former Carthage mayor's request for writ of prohibition, trial will be held by end of year


Greene County Circuit Court Judge J. Ronald Carrier rejected former Carthage Mayor Dan Rife's request for an emergency writ of prohibition that would put him back in office but will hold a trial sometime before the end of the year to determine if the City Council acted legally when it impeached Rife October 29.

Carrier said Rife had "failed to establish unequivocally that an extreme necessity for preventative action exists."

In his petition filed in Jasper County Circuit Court the day after the impeachment hearing, Rife's lawyer, Christopher Thornton, St. Charles, claimed Rife could not be removed despite the 6-2 vote on four of the five counts against him because six is one short of the two-thirds majority of elected city council members required by the city code.







The City Council had 10 elected members earlier in the year, but council member Dustin Edge resigned recently, and David Armstrong resigned earlier in the year.

In his order, which was issued this afternoon, Judge Carrier asked attorneys on both sides to tell him within five days how much time they think the trial will take and what dates are available.


18 comments:

Anonymous said...

I’m no legal scholar, but doesn’t it stand to reason that if they eventually determine that the Mayor shouldn’t have been impeached in the first place, that means the current Council isn’t valid and has no authority. So that would mean that any decisions or contracts they may enter into would be null and void. Looking for legitimate answers here - not snarky armchair quarterbacks.

Anonymous said...

The mayor was unfit and corrupt. Tiffany was victim of the witch trials. Both sides had their sacrificial lamb. It's time to end the foolishness and rebuild.

Paul said...

Your assessment seems logical. With that being said, we are talking about the Carthage City Council. Nothing this group has done (the past year, or so) has made much sense. What started out as pure entertainment to watch has turned into utter embarrassment for Southwest Missouri.

Anonymous said...

Finally, a Judge that makes decisions, let's get this farce under way and either have him impeached or kept in office. The people of Carthage got rid of Tiffany Cossey, so let's start getting back to a semblance of a City Council, with everyone understanding that they can either get impeached or recalled - if they do not do their jobs.

Anonymous said...

She’s not a victim. She has victims. This has been her pattern of behavior for many many years in a variety of contexts. She doesn’t like leaders that disagree with her narrow, rigid perspective and undermines them whenever possible. It’s a pattern.

Anonymous said...

Rife is not corrupt; the people trying to keep him out of office are the ones trying to hide their malicious behavior. That begs the question: what did they do?

Randy said...

To Anonymous 2:30, if you are the anonymous commenter who keeps calling people who disagree with him idiots or otherwise making insulting remarks, I will keep deleting every remark you make. I will also delete any future remarks saying things like "will be shocking if this makes it." I don't want to be responsible for shocking anyone.

Anonymous said...

Post it then to prove there was nothing more "insulting" than your side. It's been obvious thus far what side you're on from what you do and don't post in the first place. Don't have something like this if you're going to go all North Korea censoring on us.

Anonymous said...

4:05, You do understand that this is a blog, right? You also understand that a private citizen can censor comments on their own blog or posting, right? If we were in North Korea Randy would not even be allowed to have internet access in the first place, nor would you.

Anonymous said...

Cossey is a pretty terrible person. 60% of her own constituents agreed and tossed her out of office.

Anonymous said...

To the person who tried saying “both sides had their sacrificial lamb”. Untrue. And a gross minimalization.

The CCU loyal side has lost the following:
One council member, Tiffany Cossey, (very deservedly) recalled by the citizens of her ward. Her very own constituents rallied to remove her from office, with over 60% desiring her seat be immediately vacated, which per the City Charter, it was. The City Charter requires she vacate that seat upon the majority of her constituents voting for her removal. Her seat is now vacated. She is legally unable to participate in any City business now as a former Council Member. That began, legally, on November 8th, 2024.

So, one side lost one person.

The normal/regular citizens side has lost the following:
City Attorney - from Tiffany Cossey creating a hostile work environment, he chose to resign.
City Administrator - from Tiffany Cossey & CCU loyal council members wrongful firing without cause, for which an ongoing lawsuit now looms.
Mayor - inappropriately impeached, and forced out of office wrongfully. He will likely be reinstated, but not before the CCU side forces several of their desires and appointments upon the rest of the citizens of Carthage.
Outside Legal Counsel Firm - fired because when asked, they agreed Cossey had engaged of behavior worthy of receiving a censure. Cossey, then, made a personal vow to have them fired once CCU-Council had a majority. Happened 1st night just after they were sworn in last April.
Fire Chief - no longer desired to work under this malicious Cossey/CCU controlled leadership. Took a new job in the Carthage R-9 school district.
Lead City Admin - no longer desired to work under this Cossey/CCU controlled leadership, resigned.
Tourism Director - no longer desired to work under this Cossey/CCU controlled leadership, resigned.
Next in line for Fire Chief and unanimous best choice by hiring committee - Tiffany Cossey didn’t like his political beliefs which agreed she should be recalled.
Ward 3 City Council Member - resigned, no longer desiring to be a part of the malicious efforts against good City leaders by Alan Snow/Cossey/CCU.
Ward 2 City Council Member - resigned, no longer desiring to serve after seeing the malicious ways of the newly elected CCU-Council members.

That’s 10 losses, to the CCU-loyal side’s 1 loss.

Anonymous said...

Carthage needs the State to come in and do a complete city audit total transparency from every department.

Anonymous said...

The swamp needed drained.

Anonymous said...

What's the latest on those missing campaign signs?

Even Ray Charles could see what's up with that!

Anonymous said...

8:25AM - The best that I can see on Case Net for her Case - 240477657 - CARTHAGE V TIFFANY JOLEA COSSEY - her next Court Appearance for Stealing/Larceny/Theft is Scheduled For: 11/21/2024; 9:00 AM; in Judge/Commissioner Assigned - JEREMY S. WORKMAN; Carthage Municipal Court.

Of course, must Attorneys, will File Continuance after Continuance - so look for this Case to be continued until 2025.

I wish Judges would STOP allowing both the Plaintiffs and Defendants so
many Continuances in Court Cases, but I guess that way that the Trial or Decisions cannot be overturned in Appeal, for not allowing either side ample time to prepare.

Anonymous said...

In order for a swamp to be declared a swamp and drained you need cause. None of which has ever been offered. CCU defends criminals, and castigates good servants of the people. Refuses to allow citizens their own voice in voting for who they want to be represented by, regarding both Mayor and Council. ….only exception was when the people rose up and made Tiffany Cossey vacate her seat. The citizens sent a clear referendum against CCU’s agenda and people. But, it’s clear Alan Snow refuses to receive that message from the people. Instead, he’s going to work to place CCU loyal people onto the Council. Now that’s a swamp worthy of draining!

Anonymous said...

Absolutely. I agree completely. This would be the only way to settle the issues in Carthage. Every department should be audited from an external source. Term limits on all boards should be implemented and followed.

Anonymous said...

8:25AM - The best that I can see on Case Net for her Case - 240477657 - CARTHAGE V TIFFANY JOLEA COSSEY - her next Court Appearance for Stealing/Larceny/Theft is Scheduled For: 11/21/2024; 9:00 AM; in Judge/Commissioner Assigned - JEREMY S. WORKMAN; Carthage Municipal Court.

Of course, must Attorneys, will File Continuance after Continuance - so look for this Case to be continued until 2025.

I wish Judges would STOP allowing both the Plaintiffs and Defendants so
many Continuances in Court Cases, but I guess that way that the Trial or Decisions cannot be overturned in Appeal, for not allowing either side ample time to prepare.