Senate Leader Files Measure to Intervene When the State's Top Attorney Fails to Defend the Constitution

JEFFERSON CITY— Senate Leader Tom Dempsey, R-St. Charles, filed a measure this week that would grant the President Pro Tem of the Senate and the Speaker of the House standing to intervene in cases challenging the constitutionality of state law. Senate Bill 475 would also allow leaders in the General Assembly to intervene in a pending court case in instances where the Attorney General fails to do his or her statutory duty.

Dempsey said recent judges’ rulings have been in direct conflict with a constitutional amendment adopted by voters by an overwhelming margin, and the Attorney General declined to either appeal or ask for a stay.

“In cases when our state’s lawyer refuses to defend our Constitution, this measure would allow leaders of the General Assembly to intervene,” said Dempsey. “A single judge’s decision that violates our laws sets a dangerous precedent when the Attorney General fails to do his statutory duty. This undermines our core system of three co-equal branches that is essential to protecting our citizens’ liberties.”

In these recent cases, Dempsey had asked the Attorney General to name a special assistant attorney general to perform the duties of his office if Koster was opposed to arguing the position of Missouri’s law. The Attorney General still declined. This measure would give the President Pro Tem standing to intervene should the state’s top lawyer decline in the future.

For more information on Senate Bill 475 and others, www.senate.mo.gov.