State of Missouri eyes private investigators

St. Louis Daily Record & St. Louis Countian, Nov 26, 2007 by Kelly Wiese

When F.M. Chris Rey moved back to St. Louis after a career elsewhere in the military and federal government, he set out to get licensed as a private investigator -- and was astounded to learn that licenses were not required in his home state.

He quickly got involved with the Missouri Association of Private Investigators and has worked for years to get a state law passed requiring licensure. This year, the bill finally succeeded. The law is already on the books, but licensing is not expected to begin until early 2009.

Still, the use of private investigators can be an integral part of some legal work and the law could affect some lawyers' business relationships.

More than 30 other states, including neighboring Arkansas, Kansas, Illinois and Iowa, already require licenses. That, Rey said, was part of the problem. Investigators from other states could come into Missouri and act as they pleased, but with Missouri having no license requirement, private eyes often couldn't technically work in Illinois, for example, without getting that state's license. That's because there can't be a reciprocal relationship unless both states require licenses.

Don Kissell, a lobbyist for the investigators' group and a former private investigator himself, said the idea was long overdue.

"Consumer protection is probably the biggest reason. There was no accountability," he said. "With homeland security concerns and identity theft, we had people pretending to be private investigators for other reasons."

The law establishes a board to oversee private investigator licenses and training. Those wishing to continue in the business will need to apply, undergo a background check, show proof of liability insurance of at least $250,000, be a citizen age 21 or older, and pass an exam on investigator rules.

Exceptions to the rule

J.R. Hobbs, a criminal defense lawyer in Kansas City, said private investigators are an important part of defense work, especially to interview witnesses in federal cases and testify if needed about inconsistencies in their statements.

"A good investigator is an essential tool for the defense team," said Hobbs, vice president of Wyrsch Hobbs & Mirakian.

He said most investigators he uses are former law enforcement officials and he has never had a problem with them, but believes a statewide standard could improve quality where needed.

Mike Moroni, chairman of the workers' compensation committee for The Missouri Bar, said he's never had problems with investigators doing anything unethical and believes most are reputable people.

But he said having the law requiring private investigators to be licensed in effect more than a year before licenses are actually issued may offer another way to challenge evidence harmful to a client.

"That could certainly be worth looking at if there's damaging evidence against your client. That's just one way to possibly keep out that evidence," said Moroni, of counsel in the Burns, Taylor, Heckemeyer & Green firm in Cape Girardeau.

Until the board and licensing rules are in place, state officials advise investigators to simply comply with local government requirements. The law states that once state licensing is in effect, local governments cannot impose further testing or fees on licensed investigators.

But the law makes more than a dozen exceptions to who must obtain an investigator license. Attorneys, or their paralegals or employees, do not need a license to do their work. However, an individual hired to do investigative work for a lawyer would need to be licensed.

Some others exempt from licensing are banks, insurance adjusters, expert witnesses, process servers, and government employees or contractors.

Rey said his business, Aabott-Rey Detective Agency in St. Louis County, does a variety of work for attorneys.

Jobs can range from simple process serving to tracking down money in disputes to completing an investigation for a client facing serious criminal charges, where he evaluates whether police followed all proper procedures in building their case.

Rey said it's important for attorneys, and their clients, to know they've hired top-quality investigators, or their whole case can fall apart.

"If a detective doesn't find the correct evidence or is able to produce it in a legal manner, legal way, what attorney has a case? None," he said. "It works hand in hand with the judicial system."

Raising the bar

The law prohibits private investigators from making up evidence or making false reports to clients, and they cannot videotape people in their home without their consent. If such a recording were made, the law spells out it could not be used as evidence in a civil court matter.

The licensing board could allow testing to be waived for experienced investigators. If so, they would still have to show they have been a business in good standing for two years and have proof of liability insurance.

Licenses would be good for two years, and the fee is to be determined by the board, depending on its costs and how many applications it gets.