April 8, 2019
Cole County Circuit Judge Jon Beetem rendered a written decision on a Clay County request for a preliminary injunction today. Judge Beetem ruled that because “enforcement of administrative subpoenas requires review by a circuit court, Petitioners' appear to have an adequate remedy at law.”
This decision resolves only a question of timing rather than the merit of the Auditor’s subpoena. According to the ruling, the State Auditor lacks the authority to enforce a subpoena without an order of the court. Therefore, there was no need for the court to enter an additional injunction.
Clay County awaits further opinions of the court on the validity of the State Auditor’s subpoena, which was not addressed in today’s order. In the meantime, county staff continue to cooperate with the State Auditor on lawful and reasonable requests.