State ex rel. Jean Peters-Baker v. Honorable Bryan E. Round

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The Supreme Court made permanent its preliminary writ of prohibition barring Respondent, Judge Bryan E. Round, from enforcing his order disqualifying the entire Jackson County Prosecuting Attorney’s Office (PAO) in the underlying post-conviction case, holding that Respondent’s order failed to comply with the Supreme Court’s holding in State v. Lemasters, 456 S.W.3d 416 (Mo. banc 2015), and will cause irreparable harm if relief is not granted.Jeanette Wolpink of the Missouri Public Defender System (MPDS) was appointed to represent on appeal Defendant in the underlying case. After Defendant’s convictions and sentences were affirmed on appeal, but before his amended post-conviction motion was filed, Wolpink left the MPDS and was hired by the PAO. After Defendant filed his amended post-conviction motion, he moved to disqualify the entire PAO because Wolpink represented him in his direct appeal. Respondent sustained the motion and disqualified the entire PAO. Relator, Jackson County Prosecuting Attorney Jean Peters-Baker, then sought this writ of prohibition. The Supreme Court granted the writ, holding that Wolpink’s conflict is not imputed to the entire PAO under the appearance of impropriety test, and by disqualifying Relator, Respondent infringed upon Relator’s ability to carry out her duties as a public officer. View "State ex rel. Jean Peters-Baker v. Honorable Bryan E. Round" on Justia Law