State ex rel. Fitz-James v. Bailey
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The Supreme Court affirmed the judgment of the circuit court making permanent a writ of mandamus ordering Attorney General Andrew Bailey to approve fiscal note summaries for eleven proposed initiative petitions Dr. Anna Fitz-James had filed with Secretary of State John Ashcroft and to forward notice of that approval to State Auditor Scott Fitzpatrick, holding that there was no error.
Specifically, the Supreme Court held (1) nothing in Mo. Rev. Stat. 116.175 gives the Attorney General authority to question the Auditor's assessment of the fiscal impact of a proposed petition, and the Attorney General's authority extends only to reviewing the "legal content and form" of the fiscal notes and summaries prepared by the Auditor; (2) the circuit court properly found there was no defect in the legal form and content of the fiscal note summaries prepared by the Auditor concerning the proposed initiative petitions; and (3) therefore, the Attorney General's refusal to perform the duty of approving those summaries could not be justified.
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