Judicial candidate not licensed attorney
By Jim Burrows .
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
.
Back to Richard Doyle for Judge
Over to The Missouri 32d Senatorial District Libertarian Party WWW Page
.