Missouri Court of Appeals, Southern District / Aug 3, 2021
STATE EX REL. AREA 25 TRIAL OFFICE, and, MISSOURI STATE PUBLIC DEFENDER, Relators-Appellants v. HONORABLE KENNETH G. CLAYTON, ASSOCIATE CIRCUIT JUDGE, Respondent-Respondent
The Missouri State Public Defender and its Area 25 Trial Office sought a writ of prohibition against an associate circuit judge who sanctioned them $762.68. The sanction was imposed after an attorney traveled internationally before a jury trial, causing the judge to continue the trial due to COVID-19 concerns. The appellate court made its preliminary writ of prohibition permanent, holding that the trial court abused its discretion by imposing sanctions without a finding or evidence of bad faith, which is a prerequisite for exercising inherent judicial powers to sanction.