Missouri Revised Statutes













Chapter 478

Circuit Courts

←478.230

Section 478.240.1

478.245→

August 28, 2015

Presiding judge, term, selection procedures--chief justice of supreme court may remove presiding judge, designate acting judge--authority to assign cases, exception--judge hears case not properly assigned, effect.

478.240. 1. The presiding judge of each circuit which is provided by

Subsection 3 of Section 15 of Article V of the Constitution shall be

selected for a two-year term. The circuit and associate circuit judges in

each circuit shall select by secret ballot a circuit judge from their

number to serve as presiding judge. Selection and removal procedures, not

inconsistent with the rules of the supreme court, may be provided by local

court rule. If a presiding judge is disqualified from acting as a judicial

officer pursuant to the Constitution, Article V, Section 24, the circuit

judges and associate circuit judges of the circuit shall select a circuit

judge as presiding judge. If the circuit does not have an eligible judge

to be elected presiding judge, then the chief justice of the supreme court

may designate an acting presiding judge until a successor is chosen or

until the disability of the presiding judge terminates.



2. Subject to the authority of the supreme court and the chief

justice under Article V of the Constitution, the presiding judge of the

circuit shall have general administrative authority over all judicial

personnel and court officials in the circuit, including the authority to

assign any judicial or court personnel anywhere in the circuit, and shall

have the authority to assign judges to hear such cases or classes of cases

as the presiding judge may designate, and to assign judges to divisions.

Such assignment authority shall include the authority to authorize

particular associate circuit judges to hear and determine cases or classes

of cases. By this subsection the presiding judge shall not, however, be

authorized to make the following assignments:



(1) Assignment of a municipal judge to hear any case other than to

initially hear a municipal ordinance violation case of the municipality

which makes provision for such municipal judge, except that the presiding

judge of a circuit may assign a municipal judge of a municipality within

the circuit to hear and determine municipal ordinance violations in a court

of another municipality within the circuit if the municipality to which the

judge is especially assigned by the presiding judge has made provision for

the compensation of such judge;



(2) Assignment of a judge to hear the trial of a felony case when he

or she has previously conducted the preliminary hearing in that case,

unless the defendant has signed a written waiver permitting the same judge

to hear both the preliminary hearing and the trial, or unless the defendant

has indicated on the record that the defendant is permitting the same judge

to hear both the preliminary hearing and the trial;



(3) Assignment of a case to a judge contrary to provisions of supreme

court rules or local circuit court rules; and



(4) Assignment of a case or class of cases not within the class of

cases specified in section 472.020 to a circuit judge who is also judge of

the probate division and who was on January 1, 1979, a probate judge shall

only be with the consent of such judge of the probate division.



3. If any circuit judge or associate circuit judge shall proceed to

hear and determine any case or class of cases which has not been assigned

to him or her by the presiding judge pursuant to subsection 1 or 2 of this

section, or to which he or she had not been transferred by the chief

justice of the supreme court, or in the event the purported assignment to

him or her shall be determined to be defective or deficient in any manner,

any order or judgment he or she may have entered may be set aside, as

otherwise provided by rule or by law, and the judge may be subject to

discipline under Article V, Section 24 of the Missouri Constitution, but he

or she shall not be deemed to have acted other than as a judicial officer

because of any such absence, defect or deficiency of assignment under this

section, or transfer by the chief justice.



(L. 1978 H.B. 1634, A.L. 1987 H.B. 222, A.L. 1989 S.B. 127, et al.,

A.L. 1993 S.B. 88, A.L. 2014 S.B. 621)





1993



1993



478.240. 1. The presiding judge of each circuit which is provided by

subsection 3 of section 15 of article V of the constitution shall be selected

for a two-year term. The circuit and associate circuit judges in each

circuit shall select by secret ballot a circuit judge from their number to

serve as presiding judge. Selection and removal procedures, not inconsistent

with the rules of the supreme court, may be provided by local court rule. If a

presiding judge is disqualified from acting as a judicial officer pursuant to

the constitution, article V, section 24, the circuit judges and associate

circuit judges of the circuit shall select a circuit judge as presiding

judge. If the circuit does not have an eligible judge to be elected

presiding judge, then the chief justice of the supreme court may designate an

acting presiding judge until a successor is chosen or until the disability of

the presiding judge terminates.



2. Subject to the authority of the supreme court and the chief justice

under article V of the constitution, the presiding judge of the circuit shall

have general administrative authority over all judicial personnel and court

officials in the circuit, including the authority to assign any judicial or

court personnel anywhere in the circuit, and shall have the authority to

assign judges to hear such cases or classes of cases as the presiding judge

may designate, and to assign judges to divisions. Such assignment authority

shall include the authority to authorize particular associate circuit judges

to hear and determine cases or classes of cases. By this subsection the

presiding judge shall not, however, be authorized to make the following

assignments:



(1) Assignment of a municipal judge to hear any case other than to

initially hear a municipal ordinance violation case of the municipality which

makes provision for such municipal judge, except that the presiding judge of

a circuit may assign a municipal judge of a municipality within the circuit

to hear and determine municipal ordinance violations in a court of another

municipality within the circuit if the municipality to which the judge is

especially assigned by the presiding judge has made provision for the

compensation of such judge;



(2) Assignment of a judge to hear the trial of a felony case when he has

previously conducted the preliminary hearing in that case;



(3) Assignment of a case to a judge contrary to provisions of supreme

court rules or local circuit court rules; and



(4) Assignment of a case or class of cases not within the class of cases

specified in section 472.020, to a circuit judge who is also judge of the

probate division and who was on January 1, 1979, a probate judge shall only

be with the consent of such judge of the probate division.



3. If any circuit judge or associate circuit judge shall proceed to hear

and determine any case or class of cases which has not been assigned to him

by the presiding judge pursuant to subsection 1 or 2 of this section, or to

which he had not been transferred by the chief justice of the supreme court,

or in the event the purported assignment to him shall be determined to be

defective or deficient in any manner, any order or judgment he may have

entered may be set aside, as otherwise provided by rule or by law, and the

judge may be subject to discipline under article V, section 24 of the

Missouri Constitution, but he shall not be deemed to have acted other than as

a judicial officer because of any such absence, defect or deficiency of

assignment under this section, or transfer by the chief justice.



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