QUO WARRANTO>>>SHOULD BARD SERVE ON THE JOPLIN CITY COUNCIL

SHOULD BARD SERVE ON THE JOPLIN CITY COUNCIL>>>QUO WARRANTO LOOMING
• ‘writ of quo warranto' is being filed in Jasper County
• 80% of Joplin News First pollsters say 'YES, He should serve'

(64801) – Jasper County Prosecuting Attorney Theresa Kenny tells Joplin News First that she is preparing to file a 'quo warranto' in the matter of Joshua Bard holding a seat on the Joplin City Council.

“That will be filed in the Jasper County Circuit Court here in Joplin,” Kenny tells Joplin News First. “In a case of quo warranto, the attorney general or the prosecuting attorney will represent the state.”

After Bard was recently elected to one of the 3 general seats on the Joplin City Council, Joplin city attorney Peter Edwards, brought to light that Mr. Bard had a past criminal record which wouldn't allow him to serve on the council.

After Bard challenged that decision saying he has been off probation for 6 years, last Friday Edwards turned it over to the Jasper County Prosecuting Attorney, Theresa Kenny.

“A writ of quo warranto is not a petition, but a notice of demand, issued by a demandant, to a respondant claiming some delegated power, and filed with a court of competent jurisdiction, to hold a hearing within 3 to 20 days, depending on the distance of the respondant to the court, to present proof of his authority to execute his claimed powers.” - www.constitution.org

The quo warranto will be filed in Joplin since it's the closest jurisdiction. And a hearing must be held within 3 to 20 days.

The prosecuting attorney will present the law they feel that doesn't allow Mr Bard to serve in office. And then Mr. Bard as the respondent and have a chance to show why he should remain in office.

Then a judge will decide if Mr. Bard has the right to serve. It's not known what Jasper County judge would hear the case – if it's even picked up. They go by a rotation of numbers on case and judge assignments. If it's not even chosen to be heard by a judge then by that silence of the court Mr. Bard would be determined ineligible to serve.

“If the court finds the proof insufficient, or if the court fails to hold the hearing, the respondant must cease to exercise the power. If the power is to hold an office, he must vacate the office.”

ARGUMENT FOR REDEMPTION
“I feel that when my right to vote was reinstated January 1, 2012, then also my right to hold an office should be reinstated too,” Bard tells Joplin News First.

He also cites: (Mo. App. 1966). A person convicted of a felony under Missouri law or convicted under the law of another jurisdiction of a crime that would be a felony if committed in Missouri forfeits any office he many then hold, and is ineligible to hold office until completion of his sentence or probation. Mo. Rev. Stat.5 561.012(1)(1)

CITY COUNCILMAN BARD COMPLETED PROBATION 6+ YEARS AGO

CITY COUNCILMAN BARD COMPLETED PROBATION 6+ YEARS AGO
• Each side cites MO law saying felons can/can't serve in office
• JasCo Prosecutor, Theresa Kenny, will decide fate
• Feb 1 Bard shared past misdeeds openly at MSSU in a Criminology class

(64804/64801) -- Joshua Bard received 80% YES - he should serve - on our little straw poll over the weekend. On Sunday he told Joplin News First, "The amount of support is absolutely heartwarming!"

Bard ran for one of 3 general election seats on the Joplin City Council and won. However it wasn't until after the election that Joplin City Attorney, Peter Edwards, brought Bard's past misdeeds to light noting, state law prohibits those convicted of felonies from holding public office. And he cited section 115.306 of Missouri law.

Bard in turn has noted section 561.021 of Missouri law, "A person convicted of a felony...forfeits any office he may then hold, and is ineligible to hold office until completion of his sentence or probation." Bard completed his 5 year probation January 1, 2012, that was 6+ years ago.

In a February 1 MSSU class broadcast on the internet and visible to the public, Bard admitted his past in depth. He engaged in a 24 minute discussion with MSSU Professor of Criminal Justice & Law Enforcement, Jackie J Spurlin, regarding Redemption in the Criminal Justice System (https://www.facebook.com/jj.spurlin/videos/10100495033681408/)

WHAT ARE BARD'S SINS?
"Court records show that Bard, 44, pleaded guilty June 2, 2006, to a charge of manufacturing a controlled substance and was placed on supervised probation for five years by Judge Timothy Perigo in Newton County Circuit Court.

On July 9, 2010, Bard was cited for a probation violation in that case after he was arrested for driving while intoxicated. The judge extended Bard's probation to Jan. 1, 2012, on the special condition that Bard successfully complete addiction treatment." - The Joplin Globe, Debby Woodin, April 18, 2018

WHERE DO WE GO NOW?
Friday it was determined that Jasper County Prosecuting Attorney, Theresa Kenny, will decide if Bard is eligible to serve. And in peeling back the onion further he did resign - however the resignation was rescinded by Bard. But it was not presented and accepted in a council meeting yet.

It's not known when Kenny will make a decision but Bard told Joplin News First yesterday. "We have an opportunity to step and make the change we desire as a community. I may get bad news this week. But I will not be defeated. Your support, kind words and generosity have given me a huge amount of faith in our community."

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• Save 💵 on Urgent Care
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JOPLIN NEWS FIRST POLL SAYS 'BARD SHOULD SERVE' DESPITE HIS RECORD

[POLL EXPIRED]
JOPLIN NEWS FIRST POLL SAYS 'BARD SHOULD SERVE' DESPITE HIS RECORD

-Jasper County Prosecuting Attorney, Theresa Kenny, will decide
-February 1 Bard shared past misdeeds in an MSSU class broadcast on internet

(64804/64801) -- Josh Bard received 80% YES - he should serve - on our poll over the weekend. On Sunday he told Joplin News First, "The amount of support is absolutely heartwarming!"

Bard ran for one of 3 general election seats on the Joplin City Council and won. However it wasn't until after the election that Joplin City Attorney, Peter Edwards, brought Bard's past misdeeds to light noting, state law prohibits those convicted of felonies from holding public office. And he cited section 115.306 of Missouri law.

In a February 1 MSSU class broadcast on the internet and visible to the public, Bard admitted his past in depth. He engaged in a 24 minute discussion with MSSU Professor of Criminal Justice & Law Enforcement, Jacki J. Spurlin. (https://www.facebook.com/jj.spurlin/videos/10100495033681408/)

WHAT ARE BARDS SINS?

"Court records show that Bard, 44, pleaded guilty June 2, 2006, to a charge of manufacturing a controlled substance and was placed on supervised probation for five years by Judge Timothy Perigo in Newton County Circuit Court.

On July 9, 2010, Bard was cited for a probation violation in that case after he was arrested for driving while intoxicated. The judge extended Bard's probation to Jan. 1, 2012, on the special condition that Bard successfully complete addiction treatment." - The Joplin Globe, Debby Woodin, April 18, 2018

WHERE DO WE GO NOW?
Friday it was determined that Jasper County Prosecuting Attorney, Theresa Kenny, will decide if Bard is eligible to serve. And in peeling back the onion further he did resign - however the resignation was rescinded by Bard. But it was not presented and accepted in a council meeting yet.

It's not known when Kenny will make a decision but Bard told Joplin News First yesterday. "We have an opportunity to step and make the change we desire as a community. I may get bad news this week. But I will not be defeated. Your support, kind words and generosity have given me a huge amount of faith in our community."

- - - sponsorship§advertisement- - -

Our LIVE! BREAKING news is sponsored by Gardner Express Care, 1701 West 26th.
• Need a Doctor for your Primary Care?
• Save 💵 on Urgent Care
• Weight Management & Consulting
• DOT Physicals • Drug Screenings
Click #gardnerexpresscare - located behind Neighborhood Market on 26th