APPEALS COURT SEEKS RULING ON COMMISSIONER'S POWER

The Missouri Supreme Court should determine whether a Jackson County
Drug Court commissioner has the power to try cases and sentence
criminals, an appeals court ruled Tuesday.

The appeals court in Kansas City forwarded the constitutional question
to the Missouri Supreme Court.

The case challenging the authority of Drug Court Commissioner Marco
Roldan is among several statewide in which lawyers are challenging
the power of commissioners.

Some contend that commissioners, who also handle such things as Family
Court, Probate Court and other matters, do not have the power to rule
on cases even if a judge signs off on their actions.

The Missouri Supreme Court ruled last year that past divorces and
property

divisions handled by commissioners were legal, but lawyers said
several questions remain unanswered. The high court dismissed for
procedural errors a previous test case intended to clarify the power of drug
commissioners.

In the new Jackson County case, Bilah Ralls of Kansas City, who was
sentenced to 10 years for drug trafficking, contends Roldan did not
have power to try and sentence him. A circuit judge later signed off
on the case, but Ralls contends that was only a "rubber stamp."

Jackson County Prosecutor Robert Beaird said he hoped the Supreme
Court would uphold the commissioner system.

"They're doing a terrific job," Beaird said. "We hope the court finds
they have the power to do it."

- - To reach Joe Lambe, Jackson County courts reporter, call 234- 4314,
or send e-mail to jlambe@kcstar.com