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Thursday, September 19, 2024

Missouri AG files motions in high-stakes Jackson County tax assessment case

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Andrew Bailey, Missouri Attorney General | Attorney General Andrew Bailey

JEFFERSON CITY, Mo. – Missouri Attorney General Andrew Bailey's office filed two motions today in the ongoing Jackson County Tax Assessment case. The trial has yet to conclude due to legal maneuvers by opposing counsel.

The first motion seeks to vacate the Court’s order requiring Bailey to sit for a deposition, arguing that the order contradicts existing law and infringes on his First Amendment rights. The second motion calls for the disqualification of the lawyers representing Jackson County defendants, citing a conflict of interest as members of the Jackson County legislature align with Bailey's stance that the tax assessments were unlawful.

"The Jackson County tax assessment case is one of the most important pieces of litigation to reach a Missouri courtroom in decades, and yet, Jackson County officials continue to stonewall us at every turn," said Attorney General Bailey. "They are misleading as to the facts and the law because they know they violated Jackson County residents’ legal rights, and they have no leg to stand on."

Bailey continued, "The Court may have instituted a functional gag order that has a similar chilling effect on speech as what the New York judge did to President Trump, but I will not be silenced. This case is too important for too many Missourians. I am moving forward undeterred in the fight to obtain justice for all Jackson County residents who were unlawfully taxed."

The motion asserts that "This Court’s Order requiring a deposition of Attorney General Andrew Bailey disregards the default rule against top-level executive depositions and renders meaningless the purpose of corporate representative depositions; the Order discusses none of these principles." It also notes that "The Attorney General, acting through the AGO’s corporate representative, has provided all material details concerning the passing remark about this lawsuit."

Additionally, it argues that "The Order chills the Attorney General’s free-speech rights and effectively imposes an unconstitutional prior restraint on his speech and the speech of others that talk to him." The timing is particularly sensitive given Missouri's upcoming primary election.

Bailey also called for disqualifying the Jackson County Counselor’s Office from representing members of the county legislature due to conflicts with other county defendants such as County Executive Frank White, Director of Assessment Gail McCann Beatty, and the County Board of Equalization.

Attorney General Bailey urges immediate resumption of trial proceedings to resolve these issues promptly.

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