JEFFERSON CITY — Two top attorneys involved in a high-profile lawsuit over a controversial Missouri gun law have left their jobs in recent weeks.
But officials on both sides of the legal battle say the departures will not bog down the litigation as it winds its way through the courts.
At a time when the nation’s firearms laws are under scrutiny amid an ongoing epidemic of mass shootings, a case involving Missouri’s so-called “Second Amendment Preservation Act” pits Ƶ, Ƶ County and Jackson County against the Missouri Attorney General’s office, which is defending the Republican-sponsored law.
In May, Republican Secretary of State Jay Ashcroft announced the hiring of as his general counsel.
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Osete had been serving as deputy solicitor general for the attorney general’s office, which is headed by Republican Eric Schmitt, who is trying to succeed U.S. Sen. Roy Blunt. Among Osete’s tasks was writing briefs in connection with the gun lawsuit.
His exit from the case was followed by Robert Dierker, who retired as an associate counselor for the city of Ƶ.
Dierker, a former judge, had been a lead attorney in the gun case, presenting the city’s side of the lawsuit before the Missouri Supreme Court in February.
The case involves a challenge to the constitutionality of the law, which bars police from enforcing federal gun regulations that the state declares “invalid” and carries potential $50,000 penalties for violations.
Opponents say the act violates the Supremacy Clause of the U.S. Constitution, which states that federal law supersedes state law, among other “rights guaranteed by state and federal constitutions.”
Law enforcement officials, including a coalition of 60 Missouri police chiefs, contend the act impedes partnerships with federal officers and use of national databases and resources.
After a gunman killed 19 students and two teachers at a Texas elementary school last month, Ƶ County Executive Sam Page called for the law to be repealed.
Chris Nuelle, a spokesman for Schmitt, said Osete’s departure will not affect the timeline of the case. The lead attorney on the case remains John Sauer, who is the state’s solicitor general.
“John Sauer has always been lead counsel, argued the case in front of the Circuit Court and Supreme Court, and has sufficient support to continue this case going forward,” Nuelle said.
Yet, it was just two months ago that Schmitt was calling on the Legislature to add $500,000 to his office’s budget in order to hire additional attorneys in the solicitor general unit that is handling the case.
The Senate stripped the money out of the proposed spending plan as part of a rejection of Schmitt’s pursuit of litigation against school districts that imposed masking requirements during the pandemic.
Nick Dunne, a spokesman for Ƶ Mayor Tishaura O. Jones, said the mayor is “confident in the status of the ongoing SAPA lawsuit” under the direction of City Counselor Sheena Hamilton.
“Mayor Jones has no doubt the affirmative litigation unit in (the) City Counselor’s Office, in partnership with the Ƶ County and Jackson County Counselors’ Offices, will keep the pace of this important lawsuit,” Dunne said.
The case is currently in limbo in Cole County Circuit Court after the Missouri Supreme Court ruled that a decision by Judge Daniel Green was not appropriate because other cases against the law were already pending.
The high court did not rule on the constitutionality of the law, but stated the circuit court ruled against the motion in error.
Posted at 10:40 a.m. Thursday, June 9.