Judicial candidate not licensed attorney

By Jim Burrows
Daily News Staff Writer

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A Neoshoan who is not a licensed lawyer has filed to run as a Libertarian candidate in this year's election for the position of associate circuit judge.

Richard J. Doyle Sr. filed in the County Clerk's Office for the position of Division 2 judge, a post currently held by Judge Greg Stremel, who is seeking re-election. Doyle is also a candidate for Neosho No. 2 Precinct committeeman on the Libertarian ballot.

Doyle, 55, 420 Morrow, may not qualify for either position. And in signing a "Declaration of Candidate for Nomination" he could have committed a crime.

Doyle was accompanied by Martin Lindstedt, chairman of the Newton County Libertarian Party, when he filed Friday afternoon. No filing fee changed hands and Lindstedt said it was the practice of the Newton County Libertarian Party that the filing fee is returned to the candidate to be used for the election or any purpose the candidate wants to use it for.

Lindstedt is of the opinion that a candidate for judge does not have to be a lawyer. The qualifications for being a judge are spelled out in Article 5 of the Missouri Constitution.

Section 21 says "Every supreme, appellate, circuit and associate circuit judge shall be licensed to practice law in this state." Section 20 says no judge can practice law, therefore, according to Lindstedt, a person does not have to be a lawyer to be a judge.

Doyle said he is not a licensed lawyer.

The county's chief legal advisor, Prosecutor Greg Bridges, said the constitution is clear that judges must be licensed lawyers.

Doyle could have committed a crime of false swearing, a Class A misdemeanor, Bridges said. The declaration of candidacy is a sworn, notarized affidavit which includes the sentence, "I further declare that if nominated and elected to such office, I will qualify."

Bridges said in order for Doyle to qualify as a candidate for judge at the August Primary Election he would have already had to have gone through law school and have already taken the bar exam in February with hopes of passing it. The announcement of those who have passed the exam is made in April.

In addition, a 1988 Attorney General's Opinion, No. 111-88, says candidates must be at least 18 years old and be a registered voter in the county for at least a year. According to registration records in the County Clerk's Office, Doyle registered to vote Aug. 27, 1997. He used the "motor voter" method of registration. He had registered to vote in Newton County in October 1988, but his registration was canceled after he failed to vote in two consecutive presidential elections.

Doyle said he is disabled and is a motor route carrier for the Neosho Daily News.

"As you can see, Richard is on the ballot," said Lindstedt. "Therefore, what was planned as a political sense is now a defense."

"Judge Doyle has to be removed from the ballot, not denied it."

There is a provision in the Missouri election laws for candidates to challenge the qualifications of an opponent. That challenge must be done within 30 days of the last day to file declarations of candidacy. That is 5 p.m. Tuesday.

Lindstedt said if Doyle isn't allowed to run for associate judge he will sue. He has sued numerous public officials in the past without success. He said he knows he will lose.

Lindstedt said he will file for U.S. Senator. He said he signed up Doyle to run for judge on the Libertarian Party, signed up his girlfriend, Roxie Fausnaught, to run for presiding commission[er] on the same ticket, and signed up his brother, Mike Lindstedt, to run for presiding commissioner on the U.S. Taxpayer ticket.

Bridges says Doyle cannot take office if elected and his filing a declaration of candidacy is "depriving people of making a valid choice." He said a candidate cannot ask people to vote for a non-qualified candidate."

Bridges said Doyle may have misled a public servant in the performance of his duty by signing the declaration of candidacy. He said it may be Doyle was misled by Lindstedt. In either case, the prosecutor said he would give Doyle the opportunity to withdraw.

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The above article appeared on Page 1A of the Sunday, March 29, 1998 Neosho Daily News

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Back to Richard Doyle for Judge
Over to The Missouri 32d Senatorial District Libertarian Party WWW Page

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