The Eastern District for the Missouri Court of Appeals dismissed an embattled judge’s contempt of court appeal for lack of appellate jurisdiction.
The contempt judgment, issued by Cole County Judge Jon Beetem against Judge Patrick Flynn in June 2022, contained a provision for a fine of $100 for every day Flynn remained in contempt.
Flynn complied with the order sixteen days after the deadline.
“We find the contempt judgment in this matter was rendered moot and unappealable when Judge Flynn purged himself of the contempt as ordered in the judgment,” wrote the Eastern District Missouri Court of Appeals Judge Lisa Page on March 7. “Moreover, it is not final for purposes of appeal because the contempt judgment does not enforce the per diem fine and remained interlocutory. Thus, we are without jurisdiction to consider Judge Flynn’s points on appeal, and the case is dismissed.”
In January, Beetem issued a ruling requiring Flynn to pay Allsberry $5,000 in damages and attorneys’ fees, according to media reports.
Flynn’s troubles began after he placed Lincoln County Circuit Clerk Karla Allsberry on indefinite administrative leave and banned her from performing circuit clerk duties, which included stepping foot into the Lincoln County courthouse.
“It’s a case where the judge and the clerk didn't see eye to eye on some things,” said Allsberry’s attorney David Duree.
Allsberry, a Republican, was elected circuit court clerk in 2018 but Flynn, a Democrat, removed Allsberry because she allegedly committed a misdemeanor in office.
On Oct. 6, 2021, the Missouri Supreme Court permanently enjoined Flynn from preventing Allsberry from performing her elected duties.
Flynn was subsequently held in contempt by Beetem because he issued an administrative order threatening the use of building security against Allsberry in violation of the Oct. 6, 2021, order.
Allsberry also filed a federal civil rights case in 2019, which has been stayed until her state court cases are resolved.
“Karla has a state court case alleging a couple of incidents of defamation and those two cases have been consolidated into one case, which is still pending,” Duree told the St. Louis Record. “We're going through the period where you have discovery and things of that nature on motions to dismiss.”
Flynn has since announced his retirement in June and Allsberry was replaced by Kathy Krieg Hall by voters in the Aug. 2022 Republican primary election.
As previously reported in the St. Louis Record, Allsberry’s husband, Gregory Allsberry, defeated Flynn in the 2014 general elections in which both were gunning for associate judgeship.