Supreme Court of Missouri / Jul 20, 2023
State of Missouri ex rel. Dr. Anna Fitz-James, Respondent, vs. Andrew Bailey, In His Official Capacity, Appellant, and Scott Fitzpatrick, et al., Respondent.
Dr. Anna Fitz-James filed a petition for a writ of mandamus to compel Attorney General Andrew Bailey to approve fiscal note summaries for 11 proposed initiative petitions. The Attorney General had refused, asserting the summaries were deficient in legal content by underestimating costs. The circuit court made its writ of mandamus permanent, ordering the Attorney General to approve the summaries. The Missouri Supreme Court affirmed, holding that the Attorney General's review authority under section 116.175 is limited to the legal content and form as defined in subsection 3, not the substantive fiscal impact, and that mandamus was an appropriate remedy for this ministerial duty.