State ex rel. Merrell v. Carter
518 S.W.3d 798
| Mo. | 2017Background
- Malcolm Pearce was charged in Taney County with multiple sex offenses involving a minor; venue later changed to Christian County.
- Pearce moved to disqualify the Taney County prosecutor, alleging the office obtained recorded jail calls, some to counsel.
- The trial court overruled disqualification but appointed a retired judge as special master to review jail-call files, redact attorney-client calls, and forward redacted logs to counsel; future calls were to be forwarded to the special master.
- The special master performed the review and submitted a report; the trial court ordered Taney County to pay the special master $2,824.34 and directed the prosecutor to forward the order to county officials.
- Relator Jeffrey Merrell, the Taney County prosecuting attorney, sought a writ of prohibition to prevent assessment of the special master’s fees against the county.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court may assess special-master fees as "costs" against the county in a criminal case | Relator: No statute or rule authorizes taxing special-master fees to the county; costs are statutory | Trial court: Ordered county to pay because prosecution’s possession of calls prompted appointment | Court: Trial court lacked authority; vacated order and made writ permanent |
| Whether other bases justify appointment or fee assessment (appointment authority; waiver of privilege) | Relator: Trial court lacked authority to appoint special master; recorded-call announcements waived privilege so appointment unnecessary | Trial court: Appointment appropriate to protect privilege and manage materials | Court: Did not reach these alternative arguments after resolving lack of statutory authority to tax fees to county |
Key Cases Cited
- State ex rel. Strauser v. Martinez, 416 S.W.3d 798 (Mo. banc 2014) (standards for original writs such as prohibition)
- Gene Kauffman Scholarship Found., Inc. v. Payne, 183 S.W.3d 620 (Mo. App. 2006) (cost awards are creatures of statute and strictly construed)
- Groves v. State Farm Mut. Auto. Ins. Co., 540 S.W.2d 39 (Mo. banc 1976) (items are taxable as costs only if statutorily authorized or agreed)
- Richardson v. State Highway & Transp. Comm’n, 863 S.W.2d 876 (Mo. banc 1993) (costs cannot be recovered from the state or its agencies absent statutory authority)
- State ex rel. Tipler v. Gardner, 506 S.W.3d 922 (Mo. banc 2017) (concerning retroactivity and applicability of a constitutional amendment to evidentiary rules; referenced by trial court but not held dispositive)