Earlier this week, the Missouri Supreme Court ruled on a case involving a local judge holding a circuit clerk in contempt. The court ruled that the 37th Judicial Circuit Judge Steven Privette had exceeded his authority in holding Oregon County Circuit Clerk Betty Grooms in contempt.
The case was brought up due to issues with incarceration costs. Privette had requested Grooms to provide spreadsheets of all criminal cases in Oregon County during a set time. Despite Grooms providing the requested information multiple times, Privette was unsatisfied with the results and ordered the prosecuting attorney to the case to prosecute Grooms for contempt, with Privette as the judge of the case. Grooms then asked for a change of judge, which Privette refused. Grooms then sought a writ prohibiting Privette from proceeding with the contempt action, arguing that Privette lacked the authority to hold her in contempt and that she was entitled to a change of judge.
The Missouri Supreme Court unanimously agreed with Grooms, stating:
“Privette lacked the authority to hold Grooms in contempt. Although courts have the inherent power of contempt, that power is not without limitation. Contempt is limited to those circumstances in which the power is necessary to perform the court’s judicial function. The preparation and certification of bills relating to incarceration costs are clearly statutory duties of the circuit clerk and judge. Completion of this task, however, simply serves to reimburse counties for their incarceration costs. The clerk’s action or inaction in completing this task does not affect the court’s ability to try and determine cases in controversy and has no impact on the court’s budget or ability to operate in its judicial role.”
Additionally, the circuit court is ordered to take no further action in this matter other than entering an order dismissing the prosecutor’s motion seeking to hold Grooms in contempt.
Link to the Missouri Supreme Court’s official opinion.
