County Court of Washington County v. Murphy

WELLIVER, Judge.

This case purports to be a direct appeal of a declaratory judgment action wherein respondent-appellant County Court of Washington County (County Court) 1 questions the power of the Circuit Court of Washington County (Circuit Court) to authorize additional deputy sheriffs and set their salary pursuant to § 57.250, RSMo 1978. 2 The County Court, in its petition, alleged § 57.-250 to be unconstitutional in contravention of the separation of powers provision of Mo. Const, art. II, § 1. The special judge (Trial Court) assigned to hear the case ruled § 57.250 to be unconstitutional.

T…