Judge allows time for revised legal argument in Kim Miller school board case  

ST. JOSEPH, Mo. (KQTV)-- During the second hearing challenging St. Joseph School Board member Kim Miller’s right to remain on the board, her attorney, Jeffrey Davison, argued that a quo warranto action cannot be used by private citizens to remove a school board member based solely on accusations. 

“The short answer under Missouri law is no, they do not. A quo-warranto is reserved to the state, and if you bring it up without any authorization as a private citizen, it fails to invoke the court’s jurisdiction,” Davison said.  

Davison argued that without proper jurisdiction, the court’s only option would be to dismiss the case, which is what Miller is requesting.  

Cydney Puckett, representing Herzog-Free SJSD, argued that the group attempted to get either the prosecuting attorney or the Missouri attorney general to file a quo warranto action.

However, because neither office responded, she said the public’s right to a lawfully seated school board should not disappear simply because state officials chose not to act. 

Puckett also argued the plaintiffs are not asking the court to create a forfeiture of Miller’s position because, she said, that forfeiture already occurred when Miller voted on her son’s employment. 

Judge Kate Schaefer referenced Motion 67.06, which states that if a case is dismissed, the court can allow the parties to amend their petition. 

Puckett said that could give the plaintiffs “leave to amend,” meaning they would have the opportunity to revise their petition and strengthen their legal argument. 

“As to why, without the filing of the attorney general or the prosecuting attorney, we are able to bring this to the court,” Puckett said. 

The final hearing is scheduled for Friday, June 5. Before then, Puckett is responsible for submitting a revised legal argument to strengthen their case, giving Davison enough time to review it beforehand.