Since last year, the final group of judges who had once been elected under partisan labels — Calvin Holden, Thomas Mountjoy, Jason Brown, David Jones, Mark Powell and Michael Cordonnier — have retired. As of August, when Derek Ankrom was appointed to fill Cordonnier’s seat, every current member of the court began his or her judicial career under the Nonpartisan Court Plan.
Ankrom is among seven new judges to join the Greene County bench since last year, and several associate circuit judges have been promoted to the circuit level, resulting in a total of 11 vacancies filled since 2022.
For Joseph Passanise of Wampler & Passanise, who helped lead the 2008 campaign, the high level of interest in judicial positions and the quality of resulting bench has been gratifying, though not surprising.
“We take this so seriously because it has to work,” Passanise said. “We want it to work, and we want people engaged to see why this system is so much better than a partisan election.”
It’s also a result that, on the night of Nov. 4, 2008, seemed very much in doubt. At the time, it had been 35 years since a Missouri county had opted into the Court Plan. Greene County is at the heart of southwestern Missouri, one of the state’s most conservative areas.
“This wasn’t a campaign where you could just mail a pamphlet,” Passanise said. “This was truly a grassroots efforts involving a number of people in the community.”
A group opposing the plan outspent the pro-plan campaign by $100,000, and several prominent Republican leaders — including then-Gov. Matt Blunt, a Springfield native, and former Missouri governor and U.S. Attorney General John Ashcroft — publicly opposed it.
Yet the measure passed with 51.8 percent of the vote.
“We had the governor against us, we had the recently former attorney general and former governor against us, in a heavily Republican county,” said Chip Sheppard of Carnahan Evans, who co-led the campaign with Passanise. The narrow win, he said, “surprised everyone.”
Prior to the 2008 election, Greene County judges, like the vast majority of trial-level judges in Missouri, ran in contested elections under partisan labels. Sheppard, who went to law school in Texas, where judges continue to be elected at all levels, said such elections make no sense.
“It’s just a battle of who has the nicest looking family and the best gun standing in front of a tractor and looking friendly,” he said.
In contrast, the Nonpartisan Court Plan requires judicial hopefuls to be vetted by county-level commissions consisting of two lawyers, two non-lawyers and the chief judge of the Court of Appeals district interviews candidates and selects three finalists. (A similar seven-member Appellate Judicial Commission chooses panels for the appellate courts and the Supreme Court.)
The governor then has 60 days to pick one of the three for the judgeship. Those judges have to stand periodically for retention, which allows voters to remove them from the bench. But they are not identified with a party and do not face an opponent — meaning they no longer have to raise money to run television ads in Missouri’s third largest city.
Missouri adopted the plan in 1940 as the nation’s first merit selection system for judges. It initially applied to the Missouri Supreme Court, the Court of Appeals and the circuit courts of Jackson County and the city of St. Louis. St. Louis County adopted it in 1970, and Clay and Platte counties followed in 1973.
At the time Greene County made the switch, it’s nine judges comprised five Republicans and four Democrats. Those judges were grandfathered in as nonpartisan judges and later stood for retention. No Greene County judges have been removed under the plan, and surveys sponsored by The Missouri Bar at retention time have consistently showed the circuit’s judges to be among the most highly rated in the state.
Cordonnier was among the last judges elected under the partisan system; he was appointed to the court in early 2008 to fill an unexpired term and was elected as a Republican to a full term as a circuit judge in 2008 — the same election in which the court plan was adopted.
“It certainly allows the governor to select from people who have already been vetted by the judicial selection commission, and it obviates the need to raise money for election,” Cordonnier said in an interview. “Most of the money raised for judicial elections is raised from lawyers. Without doing that, I think it’s an overall good thing.”
Brown, another of the recently retired judges, agreed. He first was appointed to the court as an associate judge in 2005 by Gov. Bob Holden and ran for election in 2006 as a Democrat — a designation he said he chose because it matched that of the governor who appointed him and was glad to drop following the 2008 election. Gov. Jay Nixon named him to the circuit bench in 2015.
“I’m a strong opponent of party designations for judges, even if it is a contested election,” Brown said. “I think that just misleads and misinforms the public and is antithetical to a judge’s job, as opposed to a legislator’s job, for instance.”
Judge Jerry Harmison Jr., who is now Greene County’s presiding judge, was appointed to the court as an associate judge in 2017 and elevated to the circuit bench last year. Having judges chosen under a rigorous but non-adversarial process rather than in expensive and sometimes bitter elections, he said, has made for a more collegial bench.
“The Nonpartisan Court Plan developed friendships, not enemies,” he said.
featured with permission of Missouri Lawyers Media
]]>Firms in the 2024 Best Law Firms® list are recognized for professional excellence with persistently impressive ratings from clients and peers. To be considered for metropolitan rankings, the firms must have at least one lawyer in the 2024 edition of The Best Lawyers in America. Managing Partner Joseph S. Passanise was recognized in that edition for Criminal Defense: White-Collar, Criminal Defense: General Practice, and DUI/DWI Defense. Associate Attorney Taylon Sumners-Schwartz was recognized in the third edition of Best Lawyers: Ones to Watch in America for Criminal Defense: White-Collar.
Achieving a tiered ranking in Best Law Firms® on a metropolitan scale signals unique credibility within the legal profession. The review process includes qualitative and quantitative data from peer and client reviews supported by proprietary algorithmic technology that produces a tiered ranking system of the top four percent of the industry.
Wampler & Passanise is a team of litigators representing adults and juveniles facing serious criminal allegations at the federal, state, and municipal court levels. Led by Managing Partner Joseph S. Passanise, the firm has handled many high-profile cases. The attorneys, paralegals, and investigators focus on creating positive lifelong impact for clients, often working with medical, mental health, and probation and parole professionals to ensure positive outcomes. Wampler & Passanise has a proven track record of successfully defending the most serious criminal charges, including homicide, drug and weapons offenses, embezzlement, white-collar crimes, and crimes involving violence and burglary. For additional information, visit www.entrapped.com.
]]>Missouri has a new law prohibiting drivers from manually typing, scrolling, or holding their cell phones while driving. The law was enacted on August 28, 2023, and applies to all drivers, regardless of age. This includes holding or supporting a phone with any part of the body, sending or reading text messages, watching videos, and posting or viewing social media.
In addition, there are enhanced penalties for repeat offenders or if the violation occurs in a work or school zone. Penalties are also more severe should the violation lead to property damage, injury, or death.
This is a significant change from the previous law, which only prohibited texting and driving for drivers under 21. The new law is designed to make Missouri’s roads safer by reducing the number of distracted driving accidents.
Known as secondary enforcement, law enforcement will issue a cell phone violation if it’s noticed while pulling you over for another infraction.
Distracted driving is any activity that takes your attention away from the road. This includes texting, talking on the phone, eating, drinking, adjusting the radio, and even talking to passengers. When you are distracted, you are more likely to make mistakes, such as drifting into another lane or running a red light.
Distracted driving is a significant cause of accidents. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving caused an estimated 3,522 deaths in 2021.
The new law has several implications for drivers in Missouri. Here are some of the most important ones:
If you face charges related to driving while talking or texting on the phone, contact a criminal defense attorney to help you navigate the legal issues. You don’t have to deal with it alone.
]]>As of August 28, 2021, thanks to §610.140 RSMo in the Missouri state legislature, more than 1,900 criminal offenses qualify for expungement. While more serious crimes do not qualify, less serious offenses can be removed.
Under common law, not every offense can be forgiven through expungement by sealing or removing arrest or conviction records. Additionally, you can be granted closure instead of expungement, meaning the offenses will be inaccessible from public view.
Missouri allows for three types of expungements:
In the first case, expunging an arrest or conviction record for a felony or misdemeanor will require a waiting period. For felonies, you must wait seven years to apply for expungement if the case resulted in a felony conviction. For arrest records and misdemeanor convictions, the waiting period is three years. Only one felony and two misdemeanors may be successfully expunged from your criminal record in a lifetime.
If you’d like to expunge an arrest record based on false information, the suit may have to be presented in a court hearing before a judge. Your prior arrest must meet all the following:
The final case of expungement is for motor vehicle offenses. If you were arrested for a misdemeanor motor vehicle offense and the charges were dropped or found not guilty, it may qualify for expungement.
The spirit of the law is to allow otherwise law-abiding citizens to get a fresh start in their careers and public life. Offenses that fall under the following are not eligible for expungement:
Additionally, expungement for motor vehicle offenses is not available in these cases:
Closure means the arrest record will be sealed from public view instead of expungement. This means it can only be accessed by courts, law enforcement, and certain employers, such as government employers, that require intensive background checks for security clearances.
Your case must meet at least one special qualification to qualify for closure. If any of the below conditions apply to the arrest, it may be qualified for arrest record closure:
It can take 2 to 4 months to obtain an expungement after a judge decides the offense is worthy. Additionally, it can take 2 to 4 weeks before the expungement petition is presented to the judge to obtain relevant records to complete and file the necessary forms.
A successful expungement can turn a life around and open many doors that were previously closed through public arrest records.
To learn more about expungement and whether your case may qualify, talk with an experienced attorney who can provide counsel.
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A misdemeanor or felony on your public criminal record can make life difficult, especially when finding a job. Thankfully, nations under common law offer expungement, a chance to get non-serious and first-time offenses completely sealed or removed from public record.
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A misdemeanor or felony on your public criminal record can make life difficult, especially when finding a job. Thankfully, nations under common law offer expungement, a chance to get non-serious and first-time offenses completely sealed or removed from public record.
If you’d like to know more about securing expungement or arrest record closure, specifically in the state of Missouri, you can learn more on our blog here:
]]>“This award was created to recognize the employees on whom attorneys rely day in and day out to support their efforts consistently,” said Missouri Lawyers Publisher Susan A. Bocamanzo, Esq. “These are the ones who rise to the occasion despite anonymity. They are a testament to the Unsung Heroes who work for the cause, not the recognition.”
“Sandy Ellis has been with our firm for over 20 years,” said Wampler & Passanise Managing Partner Joseph S. Passanise. “Sandy is a dedicated employee who goes above and beyond to keep the law firm running smoothly. No matter the task, she consistently makes a difference with the lawyers, coworkers, and clients.”
Ellis began her career as the legal secretary to the late Dee Wampler when he was Prosecuting Attorney for Greene County. She then worked for the Honorable John Crow at the Missouri Court of Appeals, Southern District. Upon Judge Crow’s retirement, she joined Wampler & Passanise.
“Sandy has stepped up and led during times of change in our office,” Passanise said. “Most notably when both Dee Wampler and our office manager Shawna Kipp died in the same year. She led our firm through grief and sadness with her example.”
Missouri Lawyers Media received nominations from across the state for the Unsung Hero Award. Ellis received nominations from the firm’s attorneys as well as three judges.
]]>Best of SWMO noted that the attorneys at Wampler & Passanise believe that a person’s opportunities shouldn’t be permanently halted because of one mistake. Managing Partner Joseph S. Passanise and Associate Attorney Taylon M. Sumners represent clients facing the most serious criminal allegations, including federal crimes, and have decades of combined legal experience.
“We’re grateful and humbled to be recognized by the people of southwest Missouri as a leader in criminal defense,” Passanise said. “Every day, our team works to provide the best outcomes for our clients, ensuring they receive the best representation possible.”
About Wampler & Passanise
Wampler & Passanise has an experienced team of legal professionals providing clients with winning defense strategies for the most severe criminal charges. Founder Dee Wampler worked for over 50 years to build the Firm into a premier Criminal Defense leader before passing in October 2022.
Passanise is a Fellow of the American Board of Criminal Lawyers (ABCL), a member of the National College of DUI Defense, the National Trial Lawyers Criminal Defense Top 100, and has been recognized for 18 years by Super Lawyers in Missouri and Kansas. He was recognized in the 2023 Ed. of The Best Lawyers in America® for Criminal Defense: General Practice, Criminal Defense: White-Collar, and DUI/DWI Defense. Passanise was Springfield Lawyer of the Year for Criminal Defense: White Collar in Best Lawyers in America, 2022 Ed.
Sumners was recognized in the 2023 edition of Best Lawyers®: Ones to Watch in America. In 2022, she received the AVVO Client Choice Award and recognition as a Rising Star by Missouri Lawyers Media. In 2021, the Springfield Business Journal named her a Trusted Advisor.
]]>Missourians voted to legalize recreational marijuana on November 8, 2022. What does this mean for businesses and residents of the Cave State?
Missouri joins 19 states that have already legalized recreational marijuana.
Map Courtesy: National Conference of State Legislature (NCSL)
Legalization creates a free market, allowing businesses interested in selling adult non-medical use cannabis products to obtain licenses.
However, for many, marijuana laws are still unclear. So, in this post, as seasoned drug charge lawyers, we’re going to talk about:
• What’s behind the push for recreational marijuana laws?
• How these marijuana laws will affect residents
• How these cannabis laws will affect businesses
What’s behind the push for recreational marijuana laws?
Cannabis is the most prevalently used drug.
The Centers for Disease Control and Prevention (CDC) asserts that marijuana is the country’s most prevalent federally illegal drug.
• 89.5% of American adults report using marijuana for recreational purposes, while,
• 10.5% report using cannabis for medical reasons and,
• 36.1% report using the drug for both medical and recreational reasons.
8.2 million people were arrested for marijuana-related crimes between 2001 and 2010. What’s amazing is that 88% of these arrests were for simply being in possession of the drug.
The cannabis industry is big business.
It would be wrong to assume that the only push for legalizing recreational marijuana comes from civilian sectors.
Marijuana is big business.
In 2021, the U.S. marijuana market was valued at $10.8 billion – expected to grow at a CAGR of 14.9% between 2022 and 2030. Conservative estimates anticipate the market to reach $40 billion by 2030.
Others are more bullish, with some of the country’s leading researchers projecting sales to reach $57 billion by 2030 – $72 billion if the remaining 18 states open their markets.
As of December 2021, states which have legalized cannabis have collectively amassed $10.4 billion in tax revenue from the sale of marijuana products. Here’s a state-by-state breakdown if you’re keen to see more numbers.
With all this background, let’s get into the legal side.
How these new marijuana laws will affect residents.
This initiative constitutional amendment makes it lawful for Missouri residents 21 years and older to possess up to three ounces of cannabis at any given time.
If you’ve ever been convicted of nonviolent cannabis-related misdemeanors under Initiative 2022-59, you have legal recourse to have your records sealed or destroyed.
But there is a limit. If your marijuana case involved driving a car under the influence of cannabis or distribution to a minor, then you will not be eligible for expungement.
Marijuana-related enterprises are expected to provide the state with additional cash flow through tax revenues. At 6%, this state tax has already been earmarked to
● Cover the costs of automatic expungements,
● Assist with veterans’ healthcare costs,
● Support drug addiction treatments,
● Boost Missouri’s public defender system
How these new cannabis laws will affect businesses.
We can’t talk about business without addressing the tax issues. State officials predict $13.8 million in additional local government revenues.
To guarantee equal access to dispensaries selling medical cannabis and retailers selling recreational marijuana, new businesses will be distributed as follows:
● Six dispensaries in each of the eight congregational districts and,
● Eighteen recreational cannabis retailers per district.
If you already possess a license and are currently operating a medical-only facility, you can now offer recreational and medical use marijuana to your clients.
What about those not wanting to operate a dispensary or retail unit? Initiative 2022-59 means operators will be able to not only cultivate cannabis but also go into the manufacture and distribution of hemp-derived products. They can become brokers of concentrates, edibles, topicals, tinctures, and vape cartridges.
As you can see, the issues surrounding the legalization of cannabis in Missouri are numerous. From using cannabis in the workplace to the implications of being involved in an accident in which you, or others, are injured, a seasoned criminal defense attorney can help you navigate the system should you find yourself facing charges related to cannabis.
]]>Polygraph tests record three types of physiological input from a test subject: cardiovascular activity, respiration, and skin conductivity. Before administering a test, the examiner will run a “pre-test” to prepare the person being questioned. The goal is for the pre-test is to help to eliminate false positives. For example, if the person is experiencing anxiety or doesn’t understand a question, the test may register a response that doesn’t necessarily reflect deception.
When it’s time to administer the test, the examiner places a blood pressure cuff, chest sensors, and finger electrodes (like those used at a doctor’s office to measure oxygen saturation) on the person being questioned to monitor activity in these different areas. While old-fashioned polygraph tests used mechanical pens that drew lines on a chart, modern polygraphs are computerized.
While the person being questioned is connected to the sensors, the examiner asks a series of questions, typically starting with name, the day of the week and similar questions to establish a response baseline when you’re not under stress. As the “real” test begins, questions will fall into one of two categories: control and relevant or material to the case at hand.
Control questions often involve past misbehavior but aren’t related to the crime or matter at hand. These might include:
Relevant questions correlate directly to the matter being investigated:
The polygraph is built on the assumption that those being deceptive about the matter being investigated experience greater physiological responses to relevant questions as opposed to control, while those who are not deceptive demonstrate the opposite.
Polygraph tests have always been controversial, and the bottom line is they’re not allowed to be used as evidence in court. Investigators may also, legally, say you’ve registered deception when you haven’t to apply pressure and exert control during questioning.
According to the American Psychological Association, it might be more accurate to consider polygraph tests “fear detectors” rather than “lie detectors” since they tend to identify anxiety levels somewhat accurately in many people. However, medication, personality type and practice can allow someone to lie without demonstrating anxiety. The opposite is also true. Someone who is innocent may appear to be deceptive, when in fact medication, personality type and simply not responding well to being tested in general can influence reactions.
It is for these reasons that polygraph tests are not admissible as evidence in court.
There are non-judicial settings in which polygraph tests are used. For example, a Probation and Parole Officer might test a subject on probation to gather a sense of whether that person is being deceptive about activities in which they’ve engaged. Private corporations, public and private agencies, and yes, even attorneys sometimes use these tests to gauge responses to questions.
Pressure is often applied in subtle ways to gain voluntary participation in a polygraph. Such as the test being used to “clear” you or remove you from suspicion, and, of course, if you have nothing to hide, you’d be willing to be tested.
Consult with your attorney before taking a polygraph. Your counsel will provide direction based on your case and circumstances. It’s important to understand your rights and not to feel pressured to comply with a test that, in the end, will never be used as evidence.
]]>There could be serious consequences if they decide to drink and get behind the wheel of a car. That could lead to criminal charges if they get pulled over. The state is working to get the message across early to teenage drivers. If you drink and drive, you face serious consequences.
There is a zero-tolerance policy for underage drivers. It is important to understand the consequences if you are a teenager driver or their parents. The legal drinking age is 21 and the legal blood alcohol limit for of-age drivers is 0.08 percent. That legal drinking limit drops to 0.02 for anyone 20 and younger. That could be a single drink.
The state is serious about preventing and reducing underage drunk driving. Potential problems could be lifechanging for anyone charged with underage drunk driving.
Possible consequences include:
The facts of your case matter. The court will use the details of the arrest to determine your penalty. Do not depend on the court being lenient because of your age or because you are a first-time offender. Our state takes these offenses seriously and they want to send a clear message.
DUI at any age has severe consequences. You must deal any of these charges, including underage DUI. You do not want to take a chance that your teen’s future will be impacted by a mistake.
]]>Let’s face it—the word “taxes” alone can be a major stress inducer for most people. A main reason for this is the underlying fear of making a mistake that could lead to an IRS audit, potentially resulting in hefty fines, penalties, or even a jail sentence. In the past three years, there have been more than 5,000 investigations of tax crimes in the United States. In 2019, investigations led to nearly 850 jail sentences.
But how does one become a target of the IRS? First, we need to explore the differences between tax evasion and tax avoidance. Although these terms are often used interchangeably, they are starkly different concepts that carry different legal implications.
What is it?
Tax evasion is the act of using illegal means in order to deliberately avoid paying taxes. This typically includes the willful attempt of hiding or falsifying income. Common examples of tax evasion include:
In a general sense, the IRS does not go after those who cannot pay their taxes due to a lack of funds. Additionally, the IRS is highly skilled in determining if a tax misrepresentation was simply a mistake or due to purposeful evasion. After all, they know as well as anyone the intricate laws, complicated math, and risk of human error that go hand-in-hand with filing taxes. Rest easy knowing that honest mistakes or negligence do not constitute tax evasion.
The legal trouble can begin when there is a deliberate act of deceit to reduce the amount of taxes you owe. To determine what is considered “willful,” the IRS typically looks for substantial discrepancies over several years to demonstrate a repeated pattern of behavior.
However, it is important to remain diligent to avoid potentially making a large, long-term mistake without even realizing it. A good example of this is not reporting income from a side business. Failure to do so (for instance, not reporting cash transactions from a side gig) has gotten many independent contractors into hot water with the IRS.
Willfully failing to pay taxes is a federal offense under the IRS tax code. Citizens who are caught for tax evasion are typically subject to criminal charges, substantial fines, and even prison time. Depending on the act committed, the legal risks include:
Tax avoidance, on the other hand, is perfectly legal. Tax avoidance is the act of minimizing the amount of what is owed by using loopholes that exist within the code. Common examples of tax avoidance include:
Who’s at risk?
As we mentioned, employing acts of tax avoidance is legal. However, certain strategies can become risky and have consequences if not executed carefully.
For example, a tax loophole falls under the umbrella of tax avoidance. A tax loophole is a provision under the current law that allows taxpayers to reduce their liability. Because the tax code is so complex, tax loopholes inherently exist as it is virtually impossible to detail every possible scenario. Instead, taxpayers find savvy ways to take advantage of lower taxes without breaking the law.
Additionally, another strategy that falls under tax avoidance is tax shields. A tax shield is the reduction in taxable income by claiming allowable deductions. Deductions could include charitable donations, medical expenses, mortgage interest, depreciation, and more.
While tax avoidance, tax loopholes, and tax shields are all legal, the more complex you make your approach the more risk you add. If you are considering utilizing a tax loophole, for example, it is important that you consult with a tax professional for expert advice. Failure to do so could result in crossing the fine line from tax avoidance to tax evasion, which carries the legal risks detailed above.
Because tax fraud can result in life-altering consequences such as heavy fines and imprisonment, it is not a situation that should be taken lightly. As we’ve learned, if you have completed your tax returns in good faith, it is not likely you will be a target of an IRS audit. However, if you do find yourself under audit by the IRS or (worse) charged with a tax fraud crime, it is imperative to contact a skilled attorney.
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