reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.110 - Acts constituting contempt of court.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.110. Acts constituting contempt of court. —
Every court of record shall have power to punish as for criminal contempt persons guilty of:
(1) Disorderly, contemptuous or insolent behavior committed during its session, in its immediate view and presence, and directly tending to interrupt its proceeding or to impair the respect due to its authority;
(2) Any breach of the peace, noise or other disturbance directly tending to interrupt its proceedings;
(3) Willful disobedience of any process or order lawfully issued or made by it;
(4) Resistance willfully offered by any person to the lawful order or process of the court;
(5) The contumacious and unlawful refusal of any person to be sworn as a witness, or, when so sworn, to refuse to answer any legal and proper interrogatory.
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(RSMo 1939 § 2028)
Prior revisions: 1929 § 1864; 1919 § 2359; 1909 § 3881
(1951) The procuring of false testimony and presentation of same in trial in court impedes and obstructs justice and constitutes contempt. Osborne v. Purdome (Mo.), 244 S.W.2d 1005, 29 A.L.R.2d 1141.
(1951) Practice known as "purgation by oath" under which contemnor was entitled to release upon denial of charges under oath, has never been the law in Missouri. Osborne v. Purdome (Mo.), 244 S.W.2d 1005, 29 A.L.R.2d 1141.
(1951) Contempt complaint, filed by prosecuting attorney, and signed by reputable attorneys as amici curiae, need not be verified. Osborne v. Purdome (Mo.), 244 S.W.2d 1005, 29 A.L.R.2d 1141.
(1953) Prosecution for criminal contempt held barred after one year under § 541.210. Ponick v. Purdome (A.), 254 S.W.2d 673.
(1954) Prosecution for criminal contempt based on subornation of prejury is not a criminal case and is not barred by the one year statute of limitations. (Quashing writs of Court of Appeals in Ponick v. Owsley, 254 S.W.2d 673, and Osborne v. Owsley, 254 S.W.2d 676.) Osborne v. Owsley, 364 Mo. 544, 264 S.W.2d 332.
(1954) Where magistrate orally ordered sheriff to produce prisoner held without warrant and sheriff refused, magistrate court had jurisdiction to cite sheriff for contempt. State ex rel. Cunningham v. Leavitt (A.), 271 S.W.2d 63.
(1955) Where circuit judge cited judges of county court and then committed them for contempt for failure to order payment of salary of deputy circuit clerk as authorized by such circuit judge, he was not so entirely without jurisdiction as to be civilly liable for damages to the county judges. Pogue v. Swink, 365 Mo. 503, 284 S.W.2d 868.
(1976) Proceedings to cite defendant for contempt for failure to pay court ordered support and maintenance held to be civil contempt proceedings. Teefey v. Teefey (Mo.), 533 S.W.2d 563.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.120 - Punishment for contempt.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.120. Punishment for contempt. —
Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court.
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(RSMo 1939 § 2029)
Prior revisions: 1929 § 1865; 1919 § 2360; 1909 § 3882
(1976) Proceedings to cite defendant for contempt for failure to pay court ordered support and maintenance for plaintiff and their minor children classified as civil contempt and subject to review on appeal. Judgment, with sentence of imprisonment, reversed and remanded since there was no evidence from which trial court could have concluded that defendant was financially able to pay the award. Teefey v. Teefey (Mo.), 533 S.W.2d 563.
(1977) Held, that purpose of contempt citation is to vindicate the authority of the court and deter future defiance by disobedient parties. Chemical Fireproofing Corp. v. Bronska (A.), 533 S.W.2d 710.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.130 - May be punished summarily, when.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.130. May be punished summarily, when. —
Contempt committed in the immediate view and presence of the court may be punished summarily; in other cases the party charged shall be notified of the accusation, and have a reasonable time to make his defense.
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(RSMo 1939 § 2030)
Prior revisions: 1929 § 1866; 1919 § 2361; 1909 § 3883
(1957) Conviction of defendant of contempt on charge that she negligently disobeyed orders of court as to children held improper because order allegedly disobeyed was one granting custody on certain conditions, and violation of condition could not be contempt and also because judgment was not responsive to charge. G....v.Souder (A.), 305 S.W.2d 883.
(1987) Dialogue between assistant county prosecutor to judge regarding alleged statement made by prosecutor to newspaper held to constitute indirect criminal contempt. Judge's order placing prosecutor in contempt was in error finding prosecutor in contempt without having given prosecutor prior notice that such hearing would be conducted as required by this section. State ex rel. Shepherd v. Steeb, 734 S.W.2d 610 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.140 - Commitment for contempt to set forth particulars.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.140. Commitment for contempt to set forth particulars. —
Whenever any person shall be committed for any contempt specified in sections 476.010 to 476.310, the particular circumstances of his offense shall be set forth in the order or warrant of commitment.
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(RSMo 1939 § 2031)
Prior revisions: 1929 § 1867; 1919 § 2362; 1909 § 3884
(1953) Commitment for contempt, based on refusal of witness to answer questions, must set forth the questions asked and the answers or statements made in response thereto, in order to be valid. Novak v. Weismantel (A.), 261 S.W.2d 491.
(1959) Order of commitment stating that lawyer "accused the court of malicious conduct and proceeded in a heated argument against the court" held insufficient as stating only conclusions. Scott v. Davis (A.), 328 S.W.2d 394.
(1961) A commitment which recited that the person in prison was cited to show cause why he was not in contempt of court and that after hearing he was adjudged in contempt of court and duly sentenced was clearly insufficient and would not justify his detention. Glenn v. Hendrix (A.), 349 S.W.2d 532.
(1972) Where warrant of commitment by which petitioner for writ of habeas corpus was confined for direct criminal contempt of court recited only that the commitment was "in lieu of payment of a fine. . .heretofore assessed as a punishment for being in contempt of court", it failed to satisfy statutory and decisional requirements that it set forth the particular circumstances of the offense and did not justify petitioner's detention. In re Randolph (A.), 474 S.W.2d 36.
(1974) Both the court's judgment in contempt and the commitment must recite the facts and circumstances constituting the offense of contempt. An order nunc pro tunc cannot be used to correct such an omission. Ex parte Neal (A.), 507 S.W.2d 674.
(1974) Writ of commitment held insufficient as failing to set forth necessary facts. A commitment cannot be validated if void on its face because judgment on which it is based is a lawful conviction. Vokolek v. Carnes (Mo.), 512 S.W.2d 112.
(1974) Held that failure to set out the circumstances of the contempt specified and further failure to issue a warrant of commitment cannot be cured by an order nunc pro tunc. Ex parte Huff (A.), 516 S.W.2d 778.
(1976) Held that judgment of contempt which fails to recite facts and circumstances constituting offense is invalid and petitioner must be discharged. Recital of such facts and circumstances in commitment does not cure defect. Ex parte Brown (Mo.), 530 S.W.2d 228.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.150 - Contempt not to be used to enforce civil rights.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.150. Contempt not to be used to enforce civil rights. —
Nothing contained in sections 476.110 to 476.140 shall be construed to extend to any proceeding against parties or officers, as for contempt, for the purpose of enforcing any civil right or remedy.
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(RSMo 1939 § 2032)
Prior revisions: 1929 § 1868; 1919 § 2363; 1909 § 3885
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.160 - Parties may be indicted, when.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.160. Parties may be indicted, when. —
Persons punished for contempt under the provisions of sections 476.010 to 476.310 shall, notwithstanding, be liable to indictment for such contempt, if the same be an indictable offense; but the court before which a conviction shall be had on such indictment shall, in forming its sentence, take into consideration the punishment before inflicted.
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(RSMo 1939 § 2033)
Prior revisions: 1929 § 1869; 1919 § 2364; 1909 § 3886
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.170 - Sittings to be public.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.170. Sittings to be public. —
The sitting of every court shall be public and every person may freely attend the same.
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(RSMo 1939 § 2007)
Prior revisions: 1929 § 1843; 1919 § 2340; 1909 § 3862
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.180 - Judge interested, not to sit.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.180. Judge interested, not to sit. —
No judge of any court of record, who is interested in any suit or related to either party, or who shall have been of counsel in any suit or proceeding pending before him, shall, without the express consent of the parties thereto, sit on the trial or determination thereof.
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(RSMo 1939 § 2012)
Prior revisions: 1929 § 1848; 1919 § 2345; 1909 § 3867
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.220 - Judge may call special term for disposition of cause pending.

Title XXXII COURTS
Chapter 476
• Effective - 02 Jan 1979, see footnote
476.220. Judge may call special term for disposition of cause pending. —
Whenever in his opinion the public good requires, or whenever it is necessary for the dispatch of business, any circuit judge may, by written order filed with the clerk, call a special term of court for the trial or other disposition of any civil or criminal cause or matter pending therein. At such term the court may exercise its ordinary and usual jurisdiction in all cases wherein the parties have been given five days' previous notice in writing of the calling of the term to be given by the judge or clerk and served upon the parties or their attorneys or agents in the manner provided by section 506.100, and likewise in all causes and matters where notice is waived.
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(RSMo 1939 § 2016, A.L. 1955 p. 377, A.L. 1978 H.B. 1634)
Prior revision: 1929 § 1852
Effective 1-02-79
CROSS REFERENCE:
Judge to call special term to try prisoner, when, 545.850
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.240 - May try civil cases at such special terms.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.240. May try civil cases at such special terms. —
At every such special term the court may, with the consent of parties, exercise its ordinary jurisdiction in civil cases.
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(RSMo 1939 § 2020)
Prior revisions: 1929 § 1856; 1919 § 2352; 1909 § 3874
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.250 - No court to sit on Sunday.

Title XXXII COURTS
Chapter 476
• Effective - 02 Jan 1979, see footnote
476.250. No court to sit on Sunday. —
No court shall be open or transact business on Sunday, unless it be for the purpose of receiving a verdict or discharging a jury; and every adjournment of a court on Saturday shall always be to some other day than Sunday, except such adjournment as may be made after a cause has been committed to a jury; but this section shall not prevent the exercise of the jurisdiction of any judge, when it shall be necessary in criminal cases, to preserve the peace or arrest the offender, nor shall it prevent the issuing and service of any attachment in a case where a debtor is about fraudulently to secrete or remove his effects, nor shall it prevent the issuing and service of such orders as exigencies may require.
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(RSMo 1939 § 2027, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1863; 1919 § 2358; 1909 § 3880
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.260 - Court to audit accounts.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1949
476.260. Court to audit accounts. —
The court shall audit and adjust the accounts of the sheriff or other officer attending it, and certify the same for payment.
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(RSMo 1939 § 2035, A. 1949 S.B. 1138)
Prior revisions: 1929 § 1871; 1919 § 2366; 1909 § 3888
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.265 - Judicial department, budget, procedure for formulation.

Title XXXII COURTS
Chapter 476
• Effective - 02 Jan 1979, see footnote
476.265. Judicial department, budget, procedure for formulation. —
1. The budget for the funding of the judicial department by the state for each fiscal year shall be formulated in the same manner as provided in subdivision (4) of subsection 6 of section 1 of the Omnibus State Reorganization Act of 1974, as amended, and in section 33.220, except as otherwise provided in this section.
2. For purposes of budget procedures, the supreme court shall be considered as the head of the department. The chief judge of each district of the court of appeals with the approval of a majority of the judges of each district and the presiding judge of each circuit with the approval of a majority of the circuit and associate circuit judges of the circuit shall present their estimates for the districts and circuits, respectively, in the same manner as a division of a department of the executive branch of government.
3. The budget estimates prepared within the judicial department shall be provided to the budget director on or before October first in each year preceding the annual session of the general assembly.
4. Budgets shall be submitted by circuit and by district of the court of appeals; provided, however, that budgeting on a district-by-district and circuit-by-circuit basis shall not preclude additional contingency appropriations which may be made for allocation by the supreme court as needed among the various districts and circuits.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.270 - Expenditures of court to be paid out of county treasury — exceptions.

Title XXXII COURTS
Chapter 476
• Effective - 02 Jan 1979, see footnote
476.270. Expenditures of court to be paid out of county treasury — exceptions. —
All expenditures accruing in the circuit courts, except salaries and clerk hire which is payable by the state, except all expenditures accruing in the municipal divisions of the circuit court, and except as otherwise provided by law, shall be paid out of the treasury of the county in which the court is held in the same manner as other demands.
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(RSMo 1939 § 2102, A.L. 1945 p. 812, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1940; 1919 § 2438; 1909 § 3958
Effective 1-02-79
(1984) A judgment against a circuit court in a Title VII action was considered an "expenditure accruing in the circuit courts" within the meaning of this section, and the county was therefore required to pay the judgment. Goodwin v. Circuit Court of St. Louis County, Mo. (8th Cir.), 741 F.2d 1087.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.280 - Oath of judges.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1939
476.280. Oath of judges. —
Each judge shall, within thirty days after the receipt of his commission, and before entering upon the duties of his office, take the oath prescribed by the constitution of this state. A certificate of having taken such oath shall be endorsed upon his commission.
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(RSMo 1939 § 1989)
Prior revisions: 1929 § 1825; 1919 § 2322; 1909 § 3844
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.290 - Judges not to practice law — exception, municipal judges.

Title XXXII COURTS
Chapter 476
• Effective - 02 Jan 1979, see footnote
476.290. Judges not to practice law — exception, municipal judges. —
No judge, except a part-time municipal judge, shall practice or act as counselor or attorney in any court within this state nor shall any clerk or deputy clerk, while he continues to act as such, plead, practice or act as counselor or attorney in any court within the county for which he is such clerk or deputy clerk, in his own name or in the name of any other person, under any pretense whatever.
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(RSMo 1939 § 2024, A. 1949 S.B. 1138, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1860; 1919 § 2355; 1909 § 3877
Effective 1-02-79
CROSS REFERENCE:
Judges not to practice law or do law business, Const. Art. V § 20
(1962) Trial court did not err in overruling motion to deny assistant prosecuting attorney right to further appear in prosecution for second degree murder where at the time he had signed and filed information he was also clerk of magistrate court but had resigned before trial time. Oral motion to strike and quash information was not preserved in motion for new trial and not before appellate court. State v. Gray (Mo.), 360 S.W.2d 642.
(1986) This section does not prohibit an attorney on the circuit clerk's staff from giving the circuit clerk legal advice. Bauer v. Bosley, 802 F.2d 1058 (8th Cir.).
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.310 - No judge or clerk to have partner — exception.

Title XXXII COURTS
Chapter 476
• Effective - 02 Jan 1979, see footnote
476.310. No judge or clerk to have partner — exception. —
No judge, clerk or deputy clerk of any court shall have any partner practicing in the court in which he is a judge, clerk or deputy clerk, except that the partner of a municipal judge who is not a full-time judge may practice in other divisions of the circuit court if such practice does not involve municipal ordinance violation cases arising from a municipality which is served by such municipal judge.
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(RSMo 1939 § 2026, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1862; 1919 § 2357; 1909 § 3879
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.320 - Judicial conference of the state of Missouri established, members.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 2014
476.320. Judicial conference of the state of Missouri established, members. —
There is hereby established "The Judicial Conference of the State of Missouri". The conference shall consist of the judges of the supreme court and of the court of appeals, the circuit judges, associate circuit judges, family court commissioners, the commissioners of the juvenile division of the circuit courts, and all judges and commissioners who have retired under any of the provisions of sections 476.450 to 476.595 heretofore or hereafter in effect. The chief justice of the supreme court, or in his absence the vice president elected by the executive council, shall be the presiding officer.
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(L. 1943 p. 514 § 2, A.L. 1953 p. 405, A.L. 1973 S.B. 263, A.L. 1977 H.B. 289, A.L. 1978 H.B. 1634, A.L. 1993 H.B. 346 merged with S.B. 88, A.L. 2014 S.B. 621)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.330 - Conference shall meet, when.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 2014
476.330. Conference shall meet, when. —
The conference shall meet on the call of the chief justice. A meeting shall be called at least once every odd-numbered year at some convenient time and place in the state. It shall be the duty of all members of the conference to attend such meeting.
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(L. 1943 p. 514 § 3, A.L. 2014 S.B. 621)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.340 - Executive council shall be governing body, how formed — members.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 2014, 2 histories
476.340. Executive council shall be governing body, how formed — members. —
1. The governing body of the conference, between sessions, shall be the executive council. The executive council shall consist of the following members:
(1) The chief justice of the supreme court, or some member of the supreme court appointed by him;
(2) Two other members of the supreme court appointed by the supreme court;
(3) One member of each district of the court of appeals elected by the judges thereof, respectively;
(4) Eight circuit judges, other than judges of the probate division, three of whom shall be elected for three-year terms, one from each district of the court of appeals, by the circuit judges, other than judges of the probate division, of the district to represent each of the districts of the court of appeals, respectively. A judge whose circuit is in part in more than one district of the court of appeals may vote in and be elected to represent either district but not both. Five of the circuit judges on the council shall be elected for three-year terms by the circuit judges of the state;
(5) One judge of the probate division of circuit courts in counties having a population of more than thirty thousand inhabitants elected for a three-year term by the judges of the probate divisions of the circuit courts in such counties;
(6) Three associate circuit judges elected for three-year terms, one from each district of the court of appeals, by the associate circuit judges of the district to represent each of the districts of the court of appeals, respectively;
(7) Three other associate circuit judges elected for three-year terms by the associate circuit judges of the state;
(8) One associate circuit judge from counties having a population of thirty thousand inhabitants or less elected for a three-year term by the associate circuit judges in such counties;
(9) One retired judge or commissioner who is a member of the judicial conference elected for a three-year term by such judges and commissioners.
­­Members of the executive council on August 28, 2003, shall serve out their terms and their replacements shall be elected under the provisions of this section. Vacancies shall be filled for the unexpired term of any member as provided by resolution of the judicial conference.
2. The executive council shall have general supervision of the work of the conference and such other duties and authority as may be given to it under rules or resolutions adopted by the conference. The members of the executive council shall elect one of its members vice president to act in the absence of the chief justice.
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(L. 1943 p. 514 § 4, A.L. 1973 S.B. 263, A.L. 1977 H.B. 289, A.L. 1978 H.B. 1634, A.L. 1993 S.B. 180, A.L. 2003 H.B. 430 merged with H.B. 613 merged with S.B. 457, A.L. 2014 S.B. 621)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.350 - Duties of judicial conference, executive council and circuit judges.

Title XXXII COURTS
Chapter 476
• Effective - 02 Jan 1979, see footnote
476.350. Duties of judicial conference, executive council and circuit judges. —
1. It shall be the duty of said judicial conference and its executive council to study the organization, rules, methods of procedure, and practice of the judicial system of this state, the work accomplished, and the results produced by that system in its various parts and judicial tribunals; the problems of administration confronting the courts and the judicial system in general.
2. It shall be the duty of the presiding judge of each circuit, of the chief justice of the supreme court and of the chief judge of each district of the court of appeals to prepare and submit to the executive council, at such times and in such form as may be specified by rules of the conference, reports setting forth the condition of the docket and the business dispatched and pending in his court or the courts over which he presides, and such other facts pertinent to the business dispatched and pending as the conference or its executive council may deem proper. Such reports shall be public records and rules may be made for publication of the same or summaries thereof.
3. It shall be the duty of said conference through its executive council to make biennially to the general assembly of the state any recommendations it may deem proper for the modification or amelioration of existing conditions, for harmonizing and improving laws, or for amendments to the codes of practice and procedure, and concerning any statute or legislative act which has been declared unconstitutional.
4. The conference may authorize the presiding officer or the executive council to appoint such committees as are necessary to expedite the performance of the duties herein required. The conference may make and adopt such rules as it deems necessary to carry out the purposes and provisions of this law.
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(L. 1943 p. 514 § 5, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.360 - Clerks of various courts shall make reports to executive council.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1943
476.360. Clerks of various courts shall make reports to executive council. —
The clerks of the various courts of the state named in section 476.320, shall make such reports to the executive council as the conference or the executive council may require.
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(L. 1943 p. 514 § 6)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.370 - Conference or council empowered to hold hearings.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1943
476.370. Conference or council empowered to hold hearings. —
The conference or the executive council is empowered in its discretion to hold before the full conference, or its executive council, or any committee thereof it may constitute for such purpose, hearings on any question concerning which the conference or its executive council may deem it proper to hold hearings.
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(L. 1943 p. 514 § 7)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.380 - Expense allowance for conference attendance.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1999
476.380. Expense allowance for conference attendance. —
Each judge attending the annual meeting of the conference, and each member of the executive council attending meetings of the council not to exceed four times each year, shall receive his actual and necessary expenses, to be paid from the state treasury on order of the presiding officer certified to the commissioner of administration.
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(L. 1943 p. 514 § 8, A. 1949 S.B. 1138, A.L. 1977 H.B. 289, A.L. 1978 H.B. 1634, A.L. 1997 S.B. 299, A.L. 1999 H.B. 368)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.405 - Judicial department, annual salary adjustment, when, restrictions on, how appropriated — compensation schedule to be maintained, where, how — duty of revisor of statutes.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1996
476.405. Judicial department, annual salary adjustment, when, restrictions on, how appropriated — compensation schedule to be maintained, where, how — duty of revisor of statutes. —
1. Within the limits of any appropriation made for this purpose, the salary fixed by sections 211.381, 211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060 may be adjusted in any one year by a salary adjustment. The salary adjustment shall not exceed the salary adjustment for the executive department contained in the pay plan applicable to other state employees at a similar salary level for that fiscal year. If no salary adjustment or a lower salary adjustment is granted pursuant to this section than is granted the executive department in any year, then the salary adjustment granted pursuant to this section in the next fiscal year may exceed the salary adjustment of the executive department by the amount of the difference in the prior year.
2. The amount of a salary adjustment to be approved pursuant to this section shall be stated in a separate line item of the appropriation bill. A salary adjustment approved pursuant to this section shall be added to the statutory salary and the sum of these amounts shall be the statutory salary of the office for all purposes. This statutory salary shall be included in the appropriation bill in the same manner as any other personal service appropriation involving a statutory salary.
3. The office of administration shall maintain a compensation schedule for each fiscal year indicating the highest statutory salary paid for each office specified in sections 211.381, 211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060, and the salary adjustment contained in the pay plan applicable to other state employees generally. The schedule shall be open for public inspection and shall be annually included in the Missouri Register and an appendix to the Revised Statutes of Missouri. For each office for which a salary adjustment is approved pursuant to this section, the revisor of statutes shall place a revisor's note following each section providing compensation for the office referencing the reader to the compensation index.
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(L. 1982 S.B. 497 § 1, A.L. 1984 H.B. 1244, A.L. 1996 S.B. 719)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.406 - Employees of twenty-second judicial circuit may work forty-hour week.

Title XXXII COURTS
Chapter 476
Effective - 28 Aug 1988
476.406. Employees of twenty-second judicial circuit may work forty-hour week. —
Any provisions of law to the contrary notwithstanding, any employee of the twenty-second judicial circuit shall, at his option, be allowed to work a forty-hour week in order to obtain the full benefits of his appropriated salary.
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(L. 1988 S.B. 425)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.410 - Transfer of case filed in wrong jurisdiction.

Title XXXII COURTS
Chapter 476
Effective - 28 Aug 1989, 2 histories
476.410. Transfer of case filed in wrong jurisdiction. —
The division of a circuit court in which a case is filed laying venue in the wrong division or wrong circuit shall transfer the case to any division or circuit in which it could have been brought.
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(L. 1989 S.B. 127, et al. § 1)
(2004) Section applies to defendant's pro se motion for post-conviction relief, for purposes of limitations period for filing motion. Nicholson v. State, 151 S.W.3d 369 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.412 - Reports, statistical information on caseload, filed with supreme court, when — contents.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1989
476.412. Reports, statistical information on caseload, filed with supreme court, when — contents. —
In addition to any other report required by law or court rule, or in conjunction with such report, each presiding judge of a judicial circuit and the chief judge of each district of the court of appeals shall file an annual report by September first of each year or such other date as directed by the supreme court. The report shall be in the form prescribed by the state courts administrator and shall provide statistical information, where applicable, on the performance of the reporting court and each judge of the reporting court in relation to caseload handled by the court during the period between reports, the rate of disposition of cases, the average duration of cases until final disposition, the number of cases requiring trial, the number of cases disposed of by settlement, the average time between filing of a case and final disposition and the average projected time between filing of a case and final disposition. Such statistical information shall be particularized according to type of case, including but not limited to personal injury, contract, domestic relations, equity, juvenile, felonies and misdemeanors. The report made by the presiding judge of each circuit shall also include the number and type of circuit division cases handled by associate circuit judges and the number and type of such cases handled by senior judges, if any, assigned to the circuit. Each report shall also include an analysis by the reporting judge on the success of the court in handling its caseload, procedures adopted by the court to handle caseload, projected ability of the court under existing conditions to handle projected future caseload, any needs of the court for additional judges, additional court personnel, space, facilities, and equipment and necessary or desired changes in court rules or procedures or in state law. In connection with any recommendation for additional judges, the report shall specify in detail the conditions requiring additional judges and whether the needs of the court could be satisfied by the appointment of senior judges as provided in section 476.681, or by assignment of judges from other circuits, how many such judges would be required, for what periods of time, and the type of cases proposed to be handled.
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(L. 1989 S.B. 439 § 3)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.419 - Securities, multiple recipients, requirements and limitations on court to divide.

Title XXXII COURTS
Chapter 476
Effective - 28 Aug 2020
476.419. Securities, multiple recipients, requirements and limitations on court to divide. —
1. Notwithstanding any provision of law to the contrary, a court shall not divide securities among multiple recipients in such a way that negotiable securities become nonnegotiable securities.
2. A court may divide securities into increments equal to a multiple of an allowable tradeable amount. For purposes of this section, an
"allowable tradeable amount"
is the minimum amount or denomination accepted by the industry, as defined in the official statement or offering document of the original security. If the provisions of this section prevent the distribution of property in the proportion that other law requires, a court may:
(1) Distribute different values of securities to different recipients and distribute other property in a way so that the total value of property each recipient receives is as close to the proper proportion as practicable;
(2) Liquidate the securities and distribute the resulting moneys among recipients; or
(3) Take other action within its power, including a combination of subdivisions (1) and (2) of this subsection.
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(L. 2020 S.B. 599)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.450 - Judges may become special commissioners, when — salary or retirement compensation.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1997
476.450. Judges may become special commissioners, when — salary or retirement compensation. —
1. Any person having reached the age of sixty-five years and having in this state served an aggregate of twelve years, continuously or otherwise, as a judge or commissioner of the supreme court, or as a judge or commissioner of any of the courts of appeals, or as a circuit judge, or as a judge of a court of criminal correction, or as a judge of a court of common pleas, or either or both as judge or commissioner of any of said courts, and who shall have ceased to hold such office by reason of the expiration of his term, or voluntary resignation or retirement by reason of having reached the age of seventy-five years, under Section 25, Article V, of the Constitution of Missouri, shall, if he so elects as hereinafter provided, be made, constituted and appointed a special commissioner or referee for and during the remainder of his life and shall, while he remains a resident of Missouri, be entitled to and shall receive as annual compensation, salary or retirement compensation during the remainder of his life a sum equal in amount to one-half the salary or compensation provided for by law on January 1, 1989, for the office from which he has retired, except as follows:
(1) For the period from August 13, 1986, until January 1, 1988, the annual compensation, salary or retirement compensation shall equal forty percent of the salary or compensation provided by law on August 13, 1986, for the office from which he has retired;
(2) For the period January 1, 1988, through December 31, 1988, the annual compensation, salary or retirement compensation shall equal forty-five percent of the salary or compensation provided by law on January 1, 1988, for the office from which he has retired.
2. A judge of the supreme court who ceased or ceases to hold office by reason of the expiration of his term, voluntary resignation, or retirement from the supreme court and who is sixty-five years of age or older and has served an aggregate of at least eight years or who is sixty years of age or older and has served an aggregate of at least twelve years, continuously or otherwise, as a judge of the supreme court may elect, before June 30, 1988, to be made, constituted and appointed a special commissioner or referee and shall receive as annual compensation, in lieu of the compensation provided by subsection 1 of this section, one-half of the salary or compensation provided by law at the time of such election under this subsection for the office from which he has retired.
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(L. 1951 p. 442 § 1, A.L. 1986 H.B. 1496, A.L. 1987 H.B. 713, A.L. 1997 H.B. 356)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.451 - Definitions.

Title XXXII COURTS
Chapter 476
• Effective - 02 Jan 1979, see footnote
476.451. Definitions. —
The meaning of the terms hereinafter defined shall encompass the following meanings except where the context clearly reveals otherwise:
(1) In sections 476.450 and 476.470, the term
"Section 25 of Article V of the Constitution of Missouri"
refers to the section of the constitution which was so designated in the text of the constitution prior to January 1, 1972.
(2) In sections 476.450 and 476.453, the term
"judge of the circuit court"
means "circuit judge".
(3) In section 476.455, the term
"Section 29, Article V of the Constitution"
refers to the section of the constitution which was so designated in the text of the constitution prior to January 2, 1979, and refers to the nonpartisan court plan.
(4) In section 476.456, the term
"courts provided for under Sections 16 and 18, Article V of the Constitution"
refers to the probate and magistrate courts which were provided for in the constitution prior to January 2, 1979, and the divisions of the circuit court after that date which replace such courts.
(5) From and after January 2, 1979, the judicial offices listed in section 476.458 shall be deemed to include those judgeships replacing the named judgeships by reason of the adoption of Constitutional Amendment No. 6 at the election of August 3, 1976. To the extent that the provisions of section 476.458 are inconsistent with provisions contained in said Constitutional Amendment No. 6, as provisions of Constitutional Amendment No. 6 become effective such provisions shall control to the exclusion of the contrary provisions contained in section 476.458.
(6) In subdivision (4) of section 476.515, the term
"judge of any circuit court"
includes a circuit judge and an associate circuit judge, but does not include a municipal judge.
(7) In section 476.520, the term
"Subsection 2 of Section 27 of Article V of the Constitution of Missouri"
refers to the section of the constitution which was so designated in the text of the constitution prior to January 2, 1979, and to Subsection 2 of Section 24 of Article V of the Constitution in effect after that date.
(8) In sections 476.520 and 476.535, the term
"Section 30 of Article V of the Constitution"
refers to the section of the constitution which was so designated in the text of the constitution prior to January 2, 1979, and to Subsection 1 of Section 26 of Article V of the Constitution in effect after that date.
(9) In section 476.550, the term
"Section 27 of Article V of the Constitution of Missouri"
refers to the section of the constitution which was so designated in the text of the constitution prior to January 2, 1979, and to Section 24 of Article V of the constitution after that date.
(10) In section 476.575, the term
"judge"
shall not include a municipal judge.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.452 - Beneficiaries of special commissioners, benefits, how paid.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1988
476.452. Beneficiaries of special commissioners, benefits, how paid. —
As part of the compensation of a special commissioner or referee, when he dies his beneficiary shall receive one-half of the compensation the special commissioner or referee was receiving at his date of death, payable monthly.
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(L. 1982 S.B. 497 § 476.597, A.L. 1983 H.B. 713 Revision, A.L. 1988 S.B. 425)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.453 - Judges of six years' service prior to law, eligible.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1959
476.453. Judges of six years' service prior to law, eligible. —
Any person having reached the age of sixty-five years and having served in this state an aggregate of twelve years, continuously or otherwise, as a judge or commissioner of any court mentioned in section 476.450, or having served in this state continuously for six years as a judge of any court mentioned in section 476.450 prior to the effective date of this section, shall, if he so elects, be made, constituted and appointed a special commissioner or referee for and during the remainder of his life, as provided and in the manner set forth in section 476.500, and when so appointed shall receive the same compensation as provided by law for special commissioners or referees, made, constituted or appointed under the provisions of section 476.450, and shall be subject to and comply with all the provisions of chapter 476 applicable to special commissioners or referees, the same as special commissioners or referees made, constituted or appointed under the provisions of section 476.450.
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(L. 1959 S.B. 288 § 476.451)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.455 - All judges under nonpartisan plan eligible for retirement.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1953
476.455. All judges under nonpartisan plan eligible for retirement. —
Any person having reached the age of sixty-five years, and having served an aggregate of twelve years continuously or otherwise as a judge of any of the courts whose judge or judges are required to be selected under the provisions of Section 29, Article V of the Constitution, shall have the same rights and privileges upon the same conditions as are provided for the judges and commissioners specified in section 476.450.
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(L. 1953 p. 391 § 1)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 476 - Courts — General Provisions › Section 476.456 - Probate or magistrate judges may become special commissioners, when — salary or retirement compensation — credit for service as justice of peace.

Title XXXII COURTS
Chapter 476
• Effective - 28 Aug 1969
476.456. Probate or magistrate judges may become special commissioners, when — salary or retirement compensation — credit for service as justice of peace. —
1. Any person whether or not a licensed attorney having reached the age of sixty-five years, and having any prior judicial service except as a police judge or justice of the peace of twelve years or more on October 13, 1969, or having served an aggregate of twelve years continuously or otherwise as judge or commissioner of any of the courts provided for under the provisions of Sections 16 and 18, Article V of the Constitution, shall have the same rights and privileges upon the same conditions as are provided for the judges and commissioners specified in section 476.450.
2. Any judge presently serving as a magistrate or probate judge is entitled to include any time he has served as a justice of the peace of this state in computing the prior judicial service required by this section.
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(L. 1969 p. 554)