Charge filed against ineligible candidate

By Debbie Robinson
Globe Staff Writer

NEOSHO, Mo -- The Newton County prosecuting attorney has filed a felony charge against a candidate for associate circuit judge, citing the candidate's alleged ineligibility for the position.

Richard J. Doyle, 420 Morrow St., filed for the position of associate circuit judge of Newton County Circuit Court on March 27 on the Libertarian Party ballot.

Greg Bridges, prosecuting attorney, said Doyle is not a lawyer, and the Missouri Constitution requires that elected circuit judges be licensed to practice law in the state of Missouri.

On Wednesday, Doyle said he had not as yet been notified of the charge, but that he views the action as "political coercion" and that he now does not have any intention of withdrawing his candidacy.

"I haven't broken any laws," he said.

He said the state constituion's requirement that candidates for judgeships be lawyers is "unconstitutional," that it "violates the ideals of a republican form of government."

In a letter to Bridges, Doyle said the "will of the people was unchallengeable."

Kay Baum, county clerk, said Doyle filed an affidavit when he registered his candidacy citing he would be qualified for the position if elected.

Bridges said he notified Doyle in a letter on April 2 that that he was not qualified for the position and asked him to withdraw his candidacy.

He said he advised him to seek legal counsel and gave Doyle 10 days to withdraw.

Doyle said in the letter that he met the age and residency requirements for the job.

Greg Stremel, the incumbent associate judge, has filed for re-election on the Republican ballot. He is unopposed in the Aug. 4 primary election.

Doyle is the only other candidate to file for the position.

Bridges said he issued an opinion to the county clerk before Doyle filed for the position, and that Doyle was aware of the requirement that judges be licensed lawyers.

He said the county clerk's office allowed Doyle to file because the law does not allow the clerk to prohibit anyone from filing.

The burden of proof is on the candidate to know the qualifications of the office, he said.

The maximum penalty for violating the election law is five years in prison and a $10,000 fine.

Page 2C, The Joplin Globe, Thursday, April 30, 1998