Neighboring Prosecutor Removed From Office

By Tim Schmidt, Record Editor
Posted 11/7/19

Montgomery County Prosecutor Lee Elliott was suspended last week over accusations he acted improperly in defending a man on a speeding charge. Missouri Attorney General Chris Koster filed a quo …

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Neighboring Prosecutor Removed From Office

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Montgomery County Prosecutor Lee Elliott was suspended last week over accusations he acted improperly in defending a man on a speeding charge. Missouri Attorney General Chris Koster filed a quo warranto petition seeking to oust Elliott from office last Thursday, March 17. Keith Sutherland, 12th judicial circuit court judge, then issued a preliminary order barring Elliott from engaging in any activity as prosecutor. Sutherland also recused himself from hearing the case, as the Missouri State Supreme Court will make a final determination on whether Elliott should be removed from office. Warren County Prosecutor Mike Wright was appointed last week by Sutherland to handle Elliott’s former duties last week. Wright has since been replaced by Nicole Volkert, a former Monroe County prosecutor who has a general practice in Columbia. Volkert was appointed to the position Monday by Sutherland. The attorney general’s office said Elliott acted as a defense attorney for Jarod Hazel, who was facing a misdemeanor speeding charge, on March 7 in Montgomery City municipal court. Koster’s office said Elliott recommended that the municipal judge make a favorable ruling toward his client that would have resulted in no points being assessed against his driver’s license. State online records on Tuesday morning still listed Elliott as Hazel’s attorney in the traffic case. Missouri law prohibits prosecutors from being employed by anyone other than the state in criminal cases. Koster’s office said the misdemeanor traffic charge qualifies as a criminal case and that Elliott intentionally violated his duties as a prosecutor. “Mr. Elliott violated his oath of office and the public trust when he appeared on behalf of a defendant in a criminal proceeding and encouraged the judge to enter a favorable judgment to a criminal defendant,” Koster said in a press release. “He was elected and is required by his oath to represent no party in a criminal matter other than the state.” Since the Montgomery County prosecutor is a part-time position, Elliott is allowed by law to operate a private law practice and handle civil cases. Elliott declined to comment when contacted Thursday by The Associated Press. “There are too many legal and factual issues to try to explain,” Elliott said. Elliott is under investigation for a similar alleged violation in Warren County Circuit Court, Wright confirmed. In the attorney general’s court filing, Elliott was told in December by both Wright and the Missouri Office of Prosecution Services that he could not legally represent an individual in a criminal proceeding. Wright said he had a meeting with Elliott and told him it would be “inappropriate” to represent a defendant in a criminal case in Warren County. Elliott has left the prosecutor’s office before. Montgomery County Clerk Pam Cartee said that her office on Dec. 22 received a letter — dated Dec. 14 — in which Elliott resigned as prosecutor. But because he had won election to a new term in November, Elliott took office again in January when the new term began. The Associated Press contributed to this story.


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