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By stan_sipple

Missouri Supreme Court backs off earlier iron-clad ruling that appeared to require attorney representation at unemployment hearings. Mary Jeanette Haggard d/b/a Jenny's Housecleaning, and Jenny's Housecleaning, Inc., Appellants, v. Division of Employment Security, Respondent.: SC88577When employer who sought administrative review of of Missouri Department of Employment Security ruling that she owed unemployment insurance taxes a non-attorney manager for the State appeared at the hearing. The employer did not object but on appeal argued the State lacked jurisdiction because it did not have an attorney at the hearing. Missouri Supreme Court rules that to the extent Reed v. Labor and Indus. Relations Comm'n, 789 S.W.2d 19, 20 (Mo. banc 1990) implied that the attorney requirement was jurisdictional, agencies and courts should not follow it. "This Court rejects any interpretation of Reed that suggests DES's failure to comply with Rule 5.29(c) is a jurisdictional issue. To the extent that Reed suggests that a judgment is null and void solely because a party to the decision was represented by a non-lawyer, it is no longer to be followed. Contrary to Haggard's assertions, nothing mandates dismissal of this action because DES was improperly represented by a non-lawyer unless the error was raised and preserved."

Full post as published by Showmeblawgs on November 24, 2007 (boomark / email).