In re: The Honorable Christina Kunza Mennemeyer

Summary

The Supreme Court of Missouri suspended Judge Christina Kunza Mennemeyer without pay for six months after finding that she intentionally delayed appointing public defenders in probation-violation cases to prevent defendants from seeking a change of judge. The Court held that this conduct violated multiple Missouri Code of Judicial Conduct provisions and constituted misconduct under article V, section 24, of the Missouri Constitution. A concurring opinion addressed the interpretation of Missouri Revised Statutes section 600.042 and concluded that the judge was partially correct about the statute but that this did not excuse her misconduct.

Holdings

1. A judge violates the Missouri Code of Judicial Conduct and commits constitutional judicial misconduct by intentionally delaying appointment of counsel to indigent defendants in order to prevent the exercise of their right to seek a change of judge.
2. A judge's threats to file disciplinary complaints against counsel and filing of a disciplinary complaint in retaliation for a complaint against the judge violate the Code of Judicial Conduct and constitute judicial misconduct.
3. The public defender may not enter an appearance for an indigent defendant charged with a probation violation unless the court determines that counsel is necessary to protect the defendant's due-process rights under section 559.036; a separate court order formally appointing counsel is not required once that statutory prerequisite is satisfied.

Questions Presented

1. Whether Respondent's intentional delay in appointing counsel to indigent defendants to prevent a change of judge constituted violations of the Missouri Code of Judicial Conduct and misconduct under article V, section 24, of the Missouri Constitution.
2. Whether threats and a retaliatory disciplinary complaint against public defenders violated the Code of Judicial Conduct and constituted judicial misconduct.
3. Whether the public defender could enter an appearance in a probation-violation case without a court appointment under section 600.042, RSMo Supp. 2013.

Disposition

other