Missouri AG ‘weighing legal options’ after judge orders him to sit for deposition

Missouri Attorney General Andrew Bailey does not believe it was improper to meet with a Jackson County official as his office sues the county, he told The Independent Thursday.

Bailey’s comments came after a judge ordered him to sit for a deposition about the meeting, which may have violated legal ethics rules. In an interview, Bailey said his office was “weighing legal options to correct the mistake that we feel like the judge made in that case.”

“There’s nothing unethical for two Republican candidates for office to meet and talk about politics,” Bailey said.

Judge orders Missouri AG Andrew Bailey to sit for deposition over possible ethics breach

A Clay County Circuit Court Judge Karen Krause ruled Tuesday that Bailey could be questioned under oath as a form of sanction for meeting with Jackson County Legislator Sean Smith.

The attorney general’s office is suing the county over its property assessment process, and the rules of professional conduct laid out by the Missouri Supreme Court prohibit attorneys from commuting about a lawsuit with individuals represented in the case without their lawyer’s consent.

The judge has already determined that one of Bailey’s deputies violated the rules.

Asked if he would sit for the deposition, Bailey said he was “going to do whatever the law requires.”

“But we don’t think it’s proper for the court to essentially attach a form of liability for two Republican candidates for political office who have a campaign-related meeting,” Bailey said.

Krauser’s order stems from meetings Bailey and one of his deputies, Travis Wood, had with Smith this spring.

Attorneys representing both the county and the county legislature said in a motion for sanctions that Bailey’s office showed a “blatant disregard for the Rules of Professional Conduct” in meeting with Smith without their knowledge. They asked for several sanctions, including dismissal of the case, disqualification of Bailey from litigating the case or for permission to take Bailey’s deposition.

“Based on what is known today, it is clear the Attorney General’s Office has been working with Sean Smith on trial strategy against Jackson County,” the county’s filing said.

Krauser, who is handling the case after all of the Jackson County Circuit Court judges recused themselves, ruled on Tuesday that attorneys for the county could require Bailey to sit for a deposition.

“The Missouri Attorney General’s Office is not exempt from the requirements of the state ethical rules, and this court finds that Travis Woods…violated the Rules of Professional Conduct,” wrote Krauser, who is handling the case after Jackson County judges recused themselves.

The attorney general’s office has been in litigation with the county since December when Bailey sued over Jackson County’s property assessment process. The lawsuit names as defendants Jackson County and its legislature; County Executive Frank White Jr.; director of assessment Gail McCann Beatty; the Jackson County Board of Equalization; and Tyler Technologies, a software company hired by the county.

The lawsuit claims the county violated the law when it assessed property values last year resulting in an average 30% increase in value across hundreds of thousands of properties. The lawsuit says more than 90% of residential properties saw their values increase, and values increased by at least 15% for three-quarters of properties.

The increase in property values means owners will have to pay more each year in taxes.

The attorney general claims Jackson County failed to notify owners of the property value increases and their right to a physical inspection — which is required before the assessor can increase a home’s value by more than 15% — in a timely manner. The county didn’t conduct all the required inspections before hiking values more than 15%, the lawsuit says.

Jackson County has denied the accusations and accused Bailey of waiting too long to file the case since tax bills have already been paid and money distributed. Beyond that, the county argues, the attorney general can’t file a case unless the State Tax Commission has attempted to resolve the issue first.

Requiring the state’s top lawyer to sit for a deposition is exceedingly rare, according to legal experts. And the admonishment from the judge drew criticism from rivals vying for Bailey’s job.

“It is absolutely outrageous that this important litigation against Jackson County is now imperiled because Andrew Bailey wanted a quick hit for his campaign,” said Will Scharf, who is running in the Republican primary for attorney general against Bailey.

Elad Gross, who is running for attorney general as a Democrat, said on social media “we need to fire our corrupt attorney general.”

“Attorney General Andrew Bailey repeatedly violates Missouri ethics rules,” Gross said. “He takes money from opponents. He makes up facts. He sells out the people of Missouri for campaign cash and uses taxpayer resources to support his campaign.”