Missouri Attorney General Andrew Bailey is fighting against a judge’s order to sit for a deposition over an alleged ethics breach by his office. The breach involves interactions with a Jackson County official that may have violated professional conduct rules. Bailey’s office is suing Jackson County over its property assessment process, and the judge’s order would allow attorneys to question him under oath. Bailey argues that the order is unprecedented and violates rules against deposing top-level agency officials.
Experts say forcing a sitting attorney general to sit for a deposition is highly unusual. Bailey’s office claims that the interactions with the county official were unrelated to the lawsuit and should not be subject to deposition. They argue that the order chills free speech rights and imposes an unconstitutional prior restraint on speech. Bailey has also filed a motion to disqualify Jackson County’s attorneys from representing the county legislature, citing conflicts of interest.
The lawsuit alleges that Jackson County violated a law requiring physical inspections for homeowners whose property values increased by more than 15%. The county denies the accusations, arguing that Bailey waited too long to file the case. The county has also criticized Bailey for not involving the State Tax Commission in the matter first. Bailey’s motion cites conflicts of interest and argues that the county’s attorneys cannot represent both the county and legislators. Overall, Bailey is pushing back against the judge’s order and the allegations of ethics breaches, asserting that the interactions with the county official were not related to the lawsuit and should not be subject to deposition.
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