The Lebanon City Council is looking at the possibility of making the elected city attorney and municipal judge positions appointed offices.
The Council heard a presentation on the idea from Human Resources Director Kathy Milliken at a work session on Monday of last week. She said state laws allow both offices to be either appointed or elected at the city’s discretion.
She said making the offices appointed positions offered some advantages to the city. She said it would provide a wider pool of candidates, simplify the process and reduce the risks of vacancies. Also, with appointed positions the council can set qualifications and “a clear process for transitions rather than leaving seats to the ballot,” she said
The city attorney serves as the city prosecutor in municipal court and as of 2025, also handles Drug Treatment Court duties. The city attorney serves a two-year term when elected under the current ordinances. To qualify to serve as city attorney, a person must be licenses to practice law in Missouri and live in the city.
Milliken said state laws would allow the city to change city attorney to a position appointed by the mayor and approved by council. She said appointed officers are exempt from city residency requirements and would serve at the pleasure of the mayor and council
The municipal judge presides over municipal court, which hears city ordinance cases, including traffic violations, minor offenses and code infractions. The elected judge serves a two-year term. To qualify, the judge must be at least 21 years and under 75 years of age, licensed to practice law in Missouri and must live in Missouri. State laws do not require the judge to live in the city. The term is for at least two years.
Milliken said both position are part-time and include no benefits. She said that historically, the jobs have been secondary employment. Currently, the judge is paid $28,324. The city attorney is paid $35,602.
She noted that in elections held since 2016, the person holding the positions has been unopposed on the April election ballot. In April 2022, no candidate filed for city attorney.
“The sustained absence of challengers indicates limited interest among qualified individuals seeking these offices, both of which require a Missouri law license,” Milliken said. In July, the City Council temporarily appointed Douglas Kinde to serve as city attorney until the April 2028 election after Kinde announced he was moving outside the city limits.
She said Missouri cities Scott City and Jennings appoint their judge and Scott City also appoints the city attorney.
City Counselor Chris Allen brought up a major factor impacting the issue, what he said was a shortage of attorneys in southwest Missouri.
“From a practical standpoint, professional services in rural counties in Missouri are declining as far as attorneys are concerned. I see that in the counties I practice in and I hear that from the judges in rural counties, even Springfield is having the same issue,” he said. “I think we’re going to face a lack of availability of legal services locally. I think that’s the trend.”
Councilman Joe Berkich asked about keeping the positions on the ballot, but if no one steps forward to run for office, allow the council to make the appointment whether the person is in the county or not.
City Administrator Troy Schulte said that would be an option.
Councilman Dan Mizell noted he serves on the Missouri Supreme Court’s Rural Practice Committee and said he could confirm that the attorney shortage is a real problem.
“I know people think there’s just an abundance of lawyers, and there may be in metropolitan communities, but in rural communities it’s becoming a complete dearth of attorneys,” he said.
Mizzell said Lebanon is something of an anomaly in the area in how it selects judges and attorneys.
“We are the only community that elects a city judge and city prosecutor anywhere within 50 miles,” he said.
Mizell said he researched the issue and found there was also a period where Lebanon’s judge and attorney was appointed as well.
He said some people online had characterized the possible change as a “power grab,” but in reality, he said, “this is a necessity we’ll have to confront.”
“If the statistics bear out, in 10 years no one will be coming forward to fill this position and it will have to be consistently appointed,” he said.
For any changes to take effect for the 2028 election, the council will need to decide whether to pass and ordinance to make the positions appointed.
