A document containing suggestions in opposition to a recent petition filed by embattled Circuit Court Clerk Karla Allsberry was filed in the Missouri Supreme Court on June 14 on behalf of Judge Patrick Flynn, which makes claims of possible malfeasance and misfeasance in the Circuit Court Clerk’s office.

Allsberry took up office as Circuit Court Clerk on Jan. 1, 2019. According to the document filed on behalf of Flynn, after Allsberry took office, Flynn became aware of information and conduct where Allsberry had “knowingly and willfully failed to perform certain duties of her office” and committed acts of misfeasance and malfeasance in the performance of her duties.

The document states that such conduct constitutes a “misdemeanor in office” under 483.165 RSMo.

One of the instances of said misfeasance and malfeasances, according to the document, was that Allsberry “established a private email,” and that she “used the private email account instead of her designated secured court email to set up access to the circuit court’s bank accounts, receive statements and correspond with People’s Bank & Trust who was the depository of Lincoln County funds in violation of Court Operating Rule 1, which adopted Security Guideline 400.01.”

The document claims that Allsberry had all financial records of the court transferred to her private email account.

Allsberry’s actions on this resulted in the Office of the State Court Administrator revoking her access to the Court Automation System, the document states.

Allsberry was placed on administrative leave with pay on May 28, 2019, which the response by Flynn suggests was a legal move, under sections 483.165 through 483.195 RSMo which provide a judicial process for removal of an elected court clerk for “nonfeasance or misfeasance” which is a “misdemeanor in office.”

Section 483.165 RSMo states, “If any clerk shall knowing and willfully do any act contrary to the duties of his office, or shall knowingly or willfully fail to perform any act or duty required of him by law, he shall be deemed guilty of a misdemeanor in office.”

A “misdemeanor in office” is not the equivalent of a criminal misdemeanor, but includes “malfeasance, that is misconduct in the performance of official duties.”

Section 483.170 RSMo states, “When any court shall believe from its own knowledge or from information secured from others given to the court under oath or affirmation, that the clerk of the court has committed some act or acts constituting a misdemeanor in office, the court shall give notice of the charges against such clerk to the attorney general of the state or the prosecuting attorney of the county requiring him to prosecute the same; and such court may by order of record suspend such clerk from office until a trial upon such charge or charges can be had.”

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