Cole County Prosecuting Attorney Missouri Cases

Aaron M. Malin appealed the denial of his motion to enforce a prior judgment against the Cole County Prosecuting Attorney for multiple Sunshine Law violations. The original judgment had ordered the Prosecutor to search for and produce all responsive public records. The trial court denied Malin's motion, finding the Prosecutor's search sufficient, allowing the Prosecutor to condition further searches on Malin paying costs, and applying principles of collateral estoppel and law of the case. The appellate court reversed and remanded, holding that the Original Judgment did not condition the search on payment, the Prosecutor had waived the right to charge costs, and the prior contempt judgment did not preclude the current enforcement action.

Aaron M. Malin appealed the circuit court's denial of his motion for civil contempt, which sought to enforce a prior judgment requiring the Cole County Prosecuting Attorney to search for and produce records under the Sunshine Law. The appellate court affirmed the denial, finding that Malin's first two points on appeal failed to comply with Rule 84.04(d) and challenged actions the trial court did not take. The court also denied Malin's third point for lack of preservation and his fourth point regarding attorney's fees, concluding his unsuccessful contempt efforts were not necessary to preserve the prior judgment.

Aaron Malin requested public records from the Cole County Prosecuting Attorney's Office under Missouri's Sunshine Law. The Prosecutor provided general objections and refused to search for or disclose records, leading Malin to file suit. The circuit court granted summary judgment for Malin, ordering the production of records and imposing a $12,100 civil penalty. The appellate court affirmed the circuit court's judgment, clarifying that the order to produce "open records" allowed for withholding exempt material if proper procedures were followed, and declined to review the penalty amount due to lack of preservation.