Carthage impeachment decision heading to its fifth judge


Jun. 10—CARTHAGE, Mo. — If and when the Carthage City Council will hold an impeachment hearing to remove Mayor Dan Rife is heading to a fifth judge. Two scheduled hearings have been canceled since May 31.

Rife’s attorney, Christopher Thornton, filed on Monday a request for a new judge shortly after the fourth judge to get the case — Barton County Circuit Judge James Nichols — set a hearing for 9 a.m. Tuesday.

That change of judge — the first change of judge requested by Rife — was granted Monday morning, and Tuesday’s hearing was canceled.

Thornton said there really wasn’t a specific reason for the request.

“Mr. (Paul) Martin (attorney representing the Carthage City Council) filed for a change of judge when the case was assigned to Division 1 in Jasper County,” Thornton said. “That’s why we’re not in Division 1. It is the choice of any petitioner or any defendant to file for a change of judge one time, so my client, I asked him, I said, ‘Are you comfortable with this judge? Do you like how this case is sitting?’ He asked around a bit, and after he got back to me, he said file for a change, that’s it. I don’t know why Mr. Martin filed his, and my client was comfortable with Division 1 (Judge Gayle Crane).”

The matter has been sent to the Missouri Supreme Court for a new judge to be assigned.

Rife filed for the temporary restraining order May 31, saying the Carthage City Council had not properly overridden his veto of a resolution and an ordinance containing the bill of impeachment, which includes the 11 charges the council has brought against Rife.

Those charges include:

—Giving former City Administrator Greg Dagnan an employment agreement that included a 10-year term where he couldn’t be fired without cause and a severance package without the council’s authorization in April 2022.

—Calling a special closed council meeting June 15, 2023, prior to the council voting to dismiss the entire Carthage Water & Electric Plant Board in an alleged violation of the state’s Sunshine Law.

—Blocking the council’s ability to investigate the incidents that led to criminal charges against former parks department Director Mark Peterson.

—Blocking several council motions in meetings in April and May, including the motion to fire Dagnan and motions former City Attorney Nate Dally said violated the charter, city code or state law.

—And vetoing the resolution and the city ordinance authorizing his impeachment without authority.

The council called a special meeting for June 3, immediately after Rife filed for the restraining order, and voted 7-2 to override Rife’s veto of the council bill.

Jasper County Circuit Judge David Mouton recused himself from the case, passing it to Crane, who granted the restraining order and set a hearing on it for June 14, but Martin asked for a new judge June 4.

That request was granted, and the case was passed to Jasper County Circuit Judge Dean Dankelson, who recused himself and sent the case to the Missouri Supreme Court, who appointed Nichols on Thursday.

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