By Tony Brockmeyer
Councilman Bob Hoepfner, Ward 10, told the First Capitol News St. Charles Municipal Judge Daniel K. Barklage is in violation of a Missouri State Statute by holding two elective offices concurrently.
In addition to being the Municipal Judge for the City of St. Charles, Barklage is also a member of the Board of Trustees of St. Charles Community College. He is currently serving as secretary of the board. Barklage is serving a six-year term that expires in 2006.
Councilman Hoepfner said, “This is a very embarrassing situation. Here we have the Municipal Judge passing judgment on people every time he holds court and he is in violation of a state statue. I would think he would want to obey the laws rather than ignore them.”
Barklage was appointed to fill the term of Municipal Judge John Briscoe who was elected Associate Circuit Judge for St. Charles County. He then ran for election in April of 2004 and won.In addition to being St. Charles Municipal Judge and a Trustee of St. Charles Community College he also maintains a private practice with offices in St. Charles.
Missouri State Statute – 497.020 section six says: No municipal judge shall hold any other office in the municipality which the municipal judge serves as judge.
Eric Tolen, Special Counsel to the St. Charles City Council told the First Capitol News, “In my opinion by holding both elected positions as Municipal Judge and Community College Trustee, Mr. Barklage is in violation of the state statue and should resign from one of the offices.”
We were unable to contact Judge Barklage prior to our deadline.
Councilman Hoepfner said, “Barklage should resign from both offices. How can he sit on the bench and judge others when he himself is apparently breaking the law?”
Judge Barklage recently filed suit in Circuit Court in an attempt to have the City Council increase overtime pay for the municipal court employees. He blamed the decrease in overtime on retaliation by Councilman Hoepfner. Hoepfner said that he had called the Judge requesting a continuance for a resident of his ward and was told by the Judge that it was his policy to give continuances only if an attorney requested it. That suit is pending in St. Charles County Circuit Court.
Barklage’s law firm had also been handling some individual matters as they arose for the City. The City Council recently stopped that arrangement saying that it appeared to be a conflict of interest and is giving business to other law firms.
