State ex inf. Hensley v. Young

Herschel Young was sworn in as presiding commissioner of Cass County in 2011. Teresa Hensley, the prosecuting attorney for the county, subsequently filed a quo warranto action in reliance upon Mo. Rev. Stat. 115.350, alleging that Young usurped the office of presiding commissioner because he was not qualified to be a candidate for elective public office due to a 1995 felony conviction. The circuit court granted Hensley's petition and ordered Young's ouster from office. The Supreme Court affirmed, holding (1) section 115.350, as applied to Young, did not operate retrospectively in violation of the state constitution; (2) quo warranto was the appropriate remedy, and the petition was based on applicable law; and (3) section 115.350 does not violate the equal protection clause of the state constitution because it had a rational basis under the law. View "State ex inf. Hensley v. Young" on Justia Law