Judge dismisses whistleblower lawsuit against Missouri House speaker

A Cole County judge on Wednesday dismissed a whistleblower lawsuit against the Missouri House and its Republican leader alleging harassment and intimidation of a top staffer. 

The lawsuit was filed in May by House Chief Clerk Dana Miller accusing outgoing House Speaker Dean Plocher and his former chief of staff, Rod Jetton, of retaliating against her and trying to get her removed from her job. At the heart of the lawsuit were swirling allegations about misconduct by Plocher and a House Ethics Committee investigation that ultimately was dismissed amid accusations that Plocher and Jetton engaged in obstruction and witness intimidation.  

In a pair of one-page orders issued Wednesday by Cole County Associate Circuit Judge Brian Stumpe, the lawsuit against Plocher and the House were dismissed. Miller’s attorneys dismissed Jetton from the lawsuit earlier this year.

“The Cole County Circuit Court has dismissed the unfounded allegations of impropriety against me and the House of Representatives,” Plocher said in a statement. “While I was always certain the truth would prevail, this journey has been challenging. I am deeply thankful for the unwavering support of my family and friends throughout this process.”

Holly VanOstran, Miller’s attorney, said Wednesday’s ruling was not surprising because “these particular issues under the law have not been vetted by the court of appeals.”

“We recognize that it does make sense for the judge to want clarification of the law before allowing a case of this magnitude to proceed in the litigation process and to be put in front of a jury at great expense to both Ms. Miller and the taxpayers,” she said. “As such, it is wise judicial economy to ensure that any verdict could not be upended by a procedural rule or misapplication of the law. Ms. Miller intends to appeal to obtain the necessary certainty that will allow the case to go forward.”

Plocher, who in August finished fourth in the GOP primary for secretary of state and is leaving office next month because of term limits, became embroiled in controversy last year when he was accused of engaging in “unethical and perhaps unlawful conduct” as part of his months-long push to get the House to award an $800,000 contract to a private company to manage constituent information.

A month later, The Independent reported Plocher had on numerous occasions over the last five years illegally sought taxpayer reimbursement from the legislature for airfare, hotels and other travel costs already paid for by his campaign.

Speaker Dean Plocher accused of ‘absolute obstruction’ in House ethics investigation

An investigator’s report detailed how some potential witnesses allegedly refused to speak out of fear Plocher would use his power as speaker to retaliate against them, while others did not appear because Plocher decided who the committee could compel to testify. And Plocher refused to cooperate with the attorney hired to collect evidence for the committee.

The speaker and chief clerk of the House are the two officers of the chamber named in the Missouri Constitution. Both are elected by a majority vote as the chamber reorganizes after an election.

Miller has worked in state government for 31 years, with 23 years as a member of the House staff. She was elected chief clerk in 2018 and has held that post under four speakers. Miller is not seeking re-election as chief clerk.

In court filings seeking dismissal, Plocher claimed he, personally, was not Miller’s supervisor and that the dispute is a political question, not a personnel issue.

Miller is retiring from her position early next year. The incoming speaker of the House, Republican Jon Patterson of Lee’s Summit, announced long-time legislative staffer Joe Engler will replace her, if he is approved by a vote of the full chamber.