Ruling: Court Acted Properly

A Jasper County court made the correct decision in 2005 when it named Rita Hunter, former Jasper County public administrator, a guardian for Suzanne Murray, of Joplin, a judge has ruled.

Judge Michael Dawson, in a ruling issued Dec. 30, concluded that the local court had jurisdiction at the time the permanent order was made on Sept. 27, 2005. Dawson, an associate judge from St. Clair County, is serving as an assigned judge after local judges recused themselves.

A Springfield attorney representing Murray has argued that the local court did not have the needed jurisdiction to make his client a county ward more than four years ago, and that the September 2005 hearing did not meet requirements of state law.

“At the hearing on Sept. 27, the personal appearance of the ward was effectively waived by her counsel who was present and participated within the hearing,” Dawson wrote. “The court has reviewed the extensive suggestions prepared by the parties and concludes that sufficient evidence was presented to warrant the decision made. The court is very mindful of the cases cited by the parties, but remains convinced that under the specific facts of this case the correct decision was obtained.”

Lynn Myers, who is representing Murray and several other clients in lawsuits against Hunter, said last week that the decision will be appealed.

Myers had contended that the local court did not have jurisdiction to make Murray a ward of the county because she did not get the proper notice before the hearing. He also has said Murray wanted to be at the hearing.

A Springfield attorney representing Murray has argued that the local court did not have the needed jurisdiction to make his client a county ward more than four years ago, and that the September 2005 hearing did not meet requirements of state law.

“At the hearing on Sept. 27, the personal appearance of the ward was effectively waived by her counsel who was present and participated within the hearing,” Dawson wrote. “The court has reviewed the extensive suggestions prepared by the parties and concludes that sufficient evidence was presented to warrant the decision made. The court is very mindful of the cases cited by the parties, but remains convinced that under the specific facts of this case the correct decision was obtained.”

Lynn Myers, who is representing Murray and several other clients in lawsuits against Hunter, said last week that the decision will be appealed.

Myers had contended that the local court did not have jurisdiction to make Murray a ward of the county because she did not get the proper notice before the hearing. He also has said Murray wanted to be at the hearing.

Full Article and Source:
Ruling: Court Acted Properly

See Also:
Absolute Prosecutorial Immunity

Former Administrator Rita Hunter