Justin D. O'Brien Missouri Cases

Justin O'Brien, a licensed peace officer, appealed the circuit court's judgment affirming the Administrative Hearing Commission's decision to discipline his license and the Director's order permanently revoking it. O'Brien challenged the constitutionality of section 590.080, RSMo, arguing it violated separation of powers by allowing the AHC to determine if a criminal offense was committed, and also argued the Director's revocation was not supported by competent and substantial evidence. The Missouri Supreme Court affirmed, holding that the AHC's role was a factual determination for licensing, not a criminal adjudication, and that the Director's decision to revoke was supported by evidence given O'Brien's conduct and the public protection purpose of peace officer licensing.