A purported bar complaint against Secretary of State Jay Ashcroft for what appears to be his critique of an appeals court ruling lacks allegations he violated a rule that lawyers shall not impugn the integrity of judges, according to the Republican candidate for governor.
"Without having an actual charge to refute I can only generally deny any improper conduct," Ashcroft, a lawyer, wrote to Chief Disciplinary Counsel Laura Elsbury at the Office of Chief Disciplinary Counsel (OCDC) on April 4 in response to her March 22 communication.
"As I am sure you understand, I reserve the right to more fully defend myself if any specific complaint is ever provided and I waive no potential responses that I may make in the future incliuding but not limited to First Amendment defenses."
The attempt to discipline Ashcroft appears to relate to his criticism of an Oct. 31 Western District Court of Appeals ruling that found his summaries of abortion-rights ballot measures to be politically partisan. Language included in summaries described proposed amendments as allowing "dangerous and unregulated abortions until live birth."
Ashcroft is staunchly pro-life and has the endorsement of Missouri Right to Life.
He was quoted in a Missouri Independent article related to the OCDC complaint, saying he didn't think that arguments made by his legal team at the appeals court "mattered at all" before the Democrat leaning three-judge panel.
"The panel you get affects the results you get and you know with (Judge Edward) Ardini on that, and the chief judge (Lisa White Hardwick), we knew at the very beginning what we were gonna get," Ashcroft was quoted as saying. "We had to do what we had to do but you know that was a foregone conclusion with that panel."
Amending the Missouri constitution to allow for abortion is a hot button issue this year after the June 2022 U.S. Supreme Court decision overturning Roe v. Wade, which then made abortion illegal in Missouri. Abortion rights advocates continue their push to get a constitutional amendment measure on the ballot in November. They have until May to gather a sufficient number of signatures.
Elsbury did not respond to a request for comment.
Ashcroft's response indicates he received from Elsbury a copy of a notice of appearance, a copy of a portion of the Missouri Independent article and a copy of Rule 4-8.2.
"[T]here is no allegation of any violation of the enclosed rule," Ashcroft wrote.
Ashcroft also pointed to the OCDC's confusion as to whether he was being served personally or in his official capacity.
"Does this alleged complaint pertain to my personal activity or to my official duties as Missouri Secretary of State?" he wrote. "While your letter is addressed to me personally at my residential address, the entry of appearance is in my offical capacity of Missouri Secretary of State, citing my office address and contact information.
"Obviously, there could be severe constitutional problems with the Court involving itself if the work of the separate co-equal executive branch. Additionally, any correspondence regarding my official actions should be sent to the Secretary of State's office to insure (sic) compliance with the State's record."
He also questioned the reason for a four month delay between the filed stamped documents she forwarded and the March 22 demand letter.
"I appreciate your assistance to clarify these issues so we may together provide the people of Missouri the best service possible," Ashcroft wrote.
The primary election is Aug. 6. Ashcroft's GOP rivals include Lt. Gov. Mike Kehoe and Sen. Bill Eigel.