Attorney General's News Release

April 25, 1995

Missouri Supreme Court reverses dismissal of lawsuit to oust Rockwood school board president

Jefferson City, Mo. — Reversing a decision by a St. Louis County circuit judge, the Missouri Supreme Court today ruled unanimously that Attorney General Jay Nixon could proceed with a lawsuit to remove the president of the Rockwood School District Board of Education for nepotism.

Last summer Nixon filed a petition in quo warranto under Article VII, Section 6 of the Missouri Constitution to remove board president Michael Corley for allegedly voting to hire his son as a district teacher in August 1993. The petition was filed based on affidavits from others that Corley had voted to hire his son. These affidavits further established that board's minutes had been altered to conceal Corley's vote.

The petition was dismissed after Circuit Judge Robert Lee Campbell refused to consider the affidavit testimony on the grounds that the minutes of the school board meeting were the only admissible evidence.

Nixon appealed that dismissal to the Missouri Supreme Court, which heard arguments on the case March 31. The Supreme Court held that other evidence besides the minutes, including the affidavits, could be considered in the ouster.

“We have always believed that the constitution is quite clear on the matter of nepotism,” Nixon said. “We will proceed with the ouster petition now that the Supreme Court has ruled that we can present our evidence in this case.”

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818