Supreme Court orders Pennoyer disbarred
Former judge, wife believe mistake has been made
By TERESA RESSEL
Daily Journal Staff Writer
Daily Journal Staff Writer
Published: Saturday, November 21, 2009
Updated: Wednesday, October 28, 2009 9:38 AM CDT
Updated: Wednesday, October 28, 2009 9:38 AM CDT
Former Judge James Pennoyer has been disbarred.
According to a Missouri Supreme Court order, the Farmington attorney was disbarred on Friday and no longer has a right or license to practice law in Missouri. He has also been ordered to pay a $2,000 fee.
The order states there was probable cause to believe Pennoyer is guilty of professional misconduct. The order does not state what the allegations of misconduct were. It states Pennoyer failed to timely file an answer or response to the Chief Discipline Counsel’s findings.
On Tuesday night, Pennoyer and his wife, Ann, said they were “astounded” by the news.
Pennoyer said he just found out Tuesday and quickly retained lawyers to find out what is going on. He hopes to have that answer today.
Ann said she thinks there has been a mistake because normal procedures weren’t followed. She said her husband was never notified.
Before going back to private practice in March of 2002, Pennoyer served as an associate circuit court judge in St. Francois County for 23 years. He resigned 10 months before the end of his sixth term.
Before that he was an assistant prosecuting attorney for a couple years. In 2000, he made an unsuccessful bid for a circuit judge position.
Teresa Ressel is a reporter for the Daily Journal and can be reached at 573-431-2010, ext. 179 or at tressel@dailyjournalonline.com.
According to a Missouri Supreme Court order, the Farmington attorney was disbarred on Friday and no longer has a right or license to practice law in Missouri. He has also been ordered to pay a $2,000 fee.
The order states there was probable cause to believe Pennoyer is guilty of professional misconduct. The order does not state what the allegations of misconduct were. It states Pennoyer failed to timely file an answer or response to the Chief Discipline Counsel’s findings.
On Tuesday night, Pennoyer and his wife, Ann, said they were “astounded” by the news.
Pennoyer said he just found out Tuesday and quickly retained lawyers to find out what is going on. He hopes to have that answer today.
Ann said she thinks there has been a mistake because normal procedures weren’t followed. She said her husband was never notified.
Before going back to private practice in March of 2002, Pennoyer served as an associate circuit court judge in St. Francois County for 23 years. He resigned 10 months before the end of his sixth term.
Before that he was an assistant prosecuting attorney for a couple years. In 2000, he made an unsuccessful bid for a circuit judge position.
Teresa Ressel is a reporter for the Daily Journal and can be reached at 573-431-2010, ext. 179 or at tressel@dailyjournalonline.com.
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Article Comments (27)The comments below are from readers and do not represent the views of the Daily Journal.
itoldyouso posted at Tuesday, November 3rd, 2009 at 3:18 pm
Ed.D,
You defend spending public funds like a drunk sailor and now I see you're defending crooks.
You defend spending public funds like a drunk sailor and now I see you're defending crooks.
sparkygmg3 posted at Monday, November 2nd, 2009 at 8:30 pm
There's more to this story and I'm sure it will come out later. I say if this has happened to you, contact the Missouri Bar.
kjtpmom posted at Friday, October 30th, 2009 at 9:27 am
For anyone who is having a problem finding this on the Missouri courts website: go to www.courts.mo.gov/ then click on the Services tab. It will have a drop down box choose Ethics & Discipline. This will rake you to a page that list all disbarred lawyers in Missouri. Mr. Pennoyer is listed with a date of 10/23/2009. You can click on his name and it will bring up his case. As I said before I find it very hard to beleive he never knew any action was being taken aginst him. I am sure he was served with these papers and it probably was not by USPS certified mail.
bets posted at Thursday, October 29th, 2009 at 9:36 pm
if it wasnt so sad it would be funny, some people think they are above the law. Lawyers, Policemen, Doctors. The majority of them seem to have the GOD syndrome. How can this man who claims to know the law not have a clue he was being disbarred?
Apnatic posted at Thursday, October 29th, 2009 at 12:01 pm
I would hope that the Supreme Court sent the letter "Certified" to Mr. P, otherwise do they know he received it so he could have responded to it? Umm, mail service, umm, think about that.
It takes 10 days to get a letter from St. Louis to Park Hills, sorry, don't get me started there...oops.
Anyway, I would be interested in more information on the matter as well.
It takes 10 days to get a letter from St. Louis to Park Hills, sorry, don't get me started there...oops.
Anyway, I would be interested in more information on the matter as well.
Willie63640 posted at Thursday, October 29th, 2009 at 11:14 am
I just checked the Missouri Bar website and Mr. Pennoyer's name brings no search results, guess this will all come out, but would sure like the Journal to keep us updated.
Ed.D. posted at Thursday, October 29th, 2009 at 11:05 am
To User: "What....".
How awful is it that you find something such as this situation, funny? I find your comment ignorant and uneducated as your comment obviously has no support or why your opinion is the way that it is. In any case, some people may not have liked this Man and thought that his legal career should have been finished many years ago. But to say that you find it funny, that a Man that has practiced Law for most of his life be disbarred; and not able to practice and provide for his family by what he knows & has done for years. If you find this funny, you must have a twisted sense of humor.
Let me guess, do you find it funny that Veterans of the Military are homeless and standing on intersections of busy highways beginning for a home and food, also? They did the job that they knew how to do and now that their bodies and mind have grown older, they cannot perform that job any longer and cannot find work elsewhere; therefore they end up on the streets.
Could happen, not saying it will, but could.
How awful is it that you find something such as this situation, funny? I find your comment ignorant and uneducated as your comment obviously has no support or why your opinion is the way that it is. In any case, some people may not have liked this Man and thought that his legal career should have been finished many years ago. But to say that you find it funny, that a Man that has practiced Law for most of his life be disbarred; and not able to practice and provide for his family by what he knows & has done for years. If you find this funny, you must have a twisted sense of humor.
Let me guess, do you find it funny that Veterans of the Military are homeless and standing on intersections of busy highways beginning for a home and food, also? They did the job that they knew how to do and now that their bodies and mind have grown older, they cannot perform that job any longer and cannot find work elsewhere; therefore they end up on the streets.
Could happen, not saying it will, but could.
kjtpmom posted at Thursday, October 29th, 2009 at 9:32 am
Speaking as a person who was "represented" (if thats what you call it), by Mr. Pennoyer in a deposition with our home owners insurance company, I for one was VERY PLEASED to read this artical. Mr. Pennoyer has caused us a great deal of problems, financial distress, and delays because of his poor representation during the deposition. I also find it hard to beleive that he had no idea of the proceedings aginst him. It may be a cloudy day but the sun is shining in my world today because of this bit of good news!
Willie63640 posted at Wednesday, October 28th, 2009 at 11:19 pm
I guess that the wheels of justice really do go round and round.
What.... posted at Wednesday, October 28th, 2009 at 11:06 pm
I think that its funny. Probably should have happened a long time ago.
thetruthhurts posted at Wednesday, October 28th, 2009 at 4:49 pm
Holy cow, if this keeps up in St Francois county we will have to get on Craig's list to get our politicians. How many does that make this year? Why won't they tell us what he did? If this article was about me they would lay it out plain and simple.
missouri_granny posted at Wednesday, October 28th, 2009 at 4:43 pm
eornut, please re-read my post. I did not say they were entitled to a new hearing. I said inmates will file and try to get one. And they will. I have nothing against Pennoyer, I liked him. But inmates will jump on anything to get a "get of of jail free" card.
semo_gal posted at Wednesday, October 28th, 2009 at 3:40 pm
btlady, I find it impossible to believe that someone could be the subject of a disbarment proceeding and not know what was going on! Default judgments are not entered lightly. They are not entered without proof that the defaulting party has been duly served and notified and given a change to file a response setting forth a defense. He failed to respond to the Chief Discipline Counsel’s findings. If you're a lawyer, that the last person you would want to ignore!
btlady posted at Wednesday, October 28th, 2009 at 3:19 pm
I think this is terrible, come on folks he didn't even know what was going on! Where's the reason or charges, why aren't they in this article?
Mr Penoyer helped me with a situation that had never been handled in St. Francois county before. He went to great lengths to research the matter and after many long hours and hard work got what I needed done.
Mr. Penoyer, I thank you!! Ann, I thank you as well. You were so very kind to me and understanding.
Mr Penoyer helped me with a situation that had never been handled in St. Francois county before. He went to great lengths to research the matter and after many long hours and hard work got what I needed done.
Mr. Penoyer, I thank you!! Ann, I thank you as well. You were so very kind to me and understanding.
Joe_63640 posted at Wednesday, October 28th, 2009 at 3:07 pm
Blasterrat,
That means, Yes, he was reviewed by his governing body of peers and superiors on the bench with the Missouri Supreme Court, and was found
to not be suited for continued membership in the Missouri Bar.
I don't know the man, and don't have an opinion, except that if justice is to be done, the Mo Supreme Court is as good a place as any to seek it.
That means, Yes, he was reviewed by his governing body of peers and superiors on the bench with the Missouri Supreme Court, and was found
to not be suited for continued membership in the Missouri Bar.
I don't know the man, and don't have an opinion, except that if justice is to be done, the Mo Supreme Court is as good a place as any to seek it.
Joe_63640 posted at Wednesday, October 28th, 2009 at 3:00 pm
From the Missouri Courts website under "Ethics and Discipline":
October 23, 2009
Supreme Court Case No. SC90467
In Re: James Esten Pennoyer, MBE # 26688
ORDER
The Chief Disciplinary Counsel having filed an information advising this Court of its findings, after investigation, that there is probable cause to believe Respondent, James Esten Pennoyer, is guilty of professional misconduct and having filed with said information, pursuant to Rule 5.13, a notice of default, notifying the Court that Respondent, James Esten Pennoyer, failed to timely file an answer or other response within the time required although Respondent was served pursuant to the provisions of Rule 5.18 and Rule 5.11 and, therefore, pursuant to Rule 5.13, Respondent is in default; and It appearing Respondent is guilty of professional misconduct and should be disciplined; Now, therefore, it is ordered by the Court that the said James Esten Pennoyer be, and he is hereby disbarred, that his right and license to practice law in the State of Missouri is canceled and that his name be stricken from the roll of attorneys in this State.
It is further ordered that the said James Esten Pennoyer comply in all respects with 5.27 ...etc, etc
October 23, 2009
Supreme Court Case No. SC90467
In Re: James Esten Pennoyer, MBE # 26688
ORDER
The Chief Disciplinary Counsel having filed an information advising this Court of its findings, after investigation, that there is probable cause to believe Respondent, James Esten Pennoyer, is guilty of professional misconduct and having filed with said information, pursuant to Rule 5.13, a notice of default, notifying the Court that Respondent, James Esten Pennoyer, failed to timely file an answer or other response within the time required although Respondent was served pursuant to the provisions of Rule 5.18 and Rule 5.11 and, therefore, pursuant to Rule 5.13, Respondent is in default; and It appearing Respondent is guilty of professional misconduct and should be disciplined; Now, therefore, it is ordered by the Court that the said James Esten Pennoyer be, and he is hereby disbarred, that his right and license to practice law in the State of Missouri is canceled and that his name be stricken from the roll of attorneys in this State.
It is further ordered that the said James Esten Pennoyer comply in all respects with 5.27 ...etc, etc
eornut posted at Wednesday, October 28th, 2009 at 2:27 pm
I am sorry to those of you who thought he was not a fair judge or a good lawyer but I had been in front of him once over stupid people & thier ignorance but he was fair to me then and then last yr when he was our lawyer over a civil suit he made sure that we was not taken advantage of by the Plantiff!
And No missouri_granny those people who was found guilty by him when he was a judge do not have the right to a new hearing after this!
And No missouri_granny those people who was found guilty by him when he was a judge do not have the right to a new hearing after this!
missouri_granny posted at Wednesday, October 28th, 2009 at 2:07 pm
Missourian, I know that, and you know that, but inmates will clutch at any straw to get out of prison. And they will have lawyers that are willing to file. I worked in that field for years, it will happen.
blasterrat posted at Wednesday, October 28th, 2009 at 1:50 pm
Probable cause? Did He get a fair trial or hearing? Hes been in practice for years,not always liked by others at the court house,but has many satisfied customers.I smell something fishy.Eagerly awaiting more news.
Modern Grammy posted at Wednesday, October 28th, 2009 at 1:42 pm
Just my own 2 cents..he personifies the word, "curmudgeon", yet is an outstanding attorney. I cannot imagine him not attending to any responsibilities.
missourian posted at Wednesday, October 28th, 2009 at 12:46 pm
Why would you hear the rustle of papers of people found guilty while he was a judge? Would have nothing to do with his term in office.
liledeer1 posted at Wednesday, October 28th, 2009 at 11:39 am
i for one think this is an injustice
i think he has been a good judge and attorney
i think he has been a good judge and attorney
texasrose posted at Wednesday, October 28th, 2009 at 11:35 am
I think he is a great lawyer. He did me right in my case.
marshablack posted at Wednesday, October 28th, 2009 at 10:53 am
Hoorah!! There is justice after all. I for one am very pleased.
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As I see you commenting on things that you haven't the slightest idea about. Making sure your ignorant (no knowledge of) opinion is heard.
How can you comment on situations when you have nothing to back them up? No reliable sources, no sources at all; unwilling to use statistics or any facts that could provide a definition to any opinion you hold. I understand opinion is just that, but when it involves speaking it publicly, stop making yourself look under-educated and take advice; debate like you have sense.
Until you know the full story on a situation, how can you pass judgment; then again, it is not our place to do so anyways. I simply said that it was ignorant that this situation was found funny. NEVER did I say that I was defending him, nor did I say that he did not commit what he was accused of. I wasn't involved, I do not know. But I do know that it shouldn't be found funny.
Read, comprehend, and think about what is said before you start an opposition on something that is not an opposing statement.