reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.003 - Administration — commissioners, appointment, term, removal, powers, duties, qualifications, compensation — orders of commissioners, confirmation or rejection by judges, effect — assignment of judges outside circuit, when.

Title XXXII COURTS
Chapter 478
• Effective - 18 Dec 2018, 2 histories, see footnote
478.003. Administration — commissioners, appointment, term, removal, powers, duties, qualifications, compensation — orders of commissioners, confirmation or rejection by judges, effect — assignment of judges outside circuit, when. —
1. In any judicial circuit of this state, a majority of the judges of the circuit court may designate a judge to hear cases arising in the circuit subject to the provisions of sections 478.001 to 478.009. In lieu thereof and subject to appropriations or other funds available for such purpose, a majority of the judges of the circuit court may appoint a person or persons to act as treatment court commissioners. Each commissioner shall be appointed for a term of four years, but may be removed at any time by a majority of the judges of the circuit court. The qualifications, compensation, and retirement benefits of the commissioner shall be the same as that of an associate circuit judge. If the compensation of a commissioner appointed pursuant to this section is provided from other than state funds, the source of such fund shall pay to and reimburse the state for the actual costs of the salary and benefits of the commissioner. The commissioner shall have all the powers and duties of a circuit judge, except that any order, judgment or decree of the commissioner shall be confirmed or rejected by an associate circuit or circuit judge by order of record entered within the time the judge could set aside such order, judgment or decree had the same been made by the judge. If so confirmed, the order, judgment or decree shall have the same effect as if made by the judge on the date of its confirmation.
2. The Missouri supreme court may assign a treatment court commissioner to serve in the treatment court division of a circuit other than the circuit in which the commissioner is appointed. The transfer shall only be ordered with the consent and approval of the presiding judge of the circuit to which the commissioner is to be assigned.
3. A treatment court commissioner may serve as a commissioner in any treatment court as designated by the treatment court coordinating commission, subject to local court rules.
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(L. 1998 H.B. 1147, et al. § 5 subsec. 2, A.L. 2010 H.B. 1695, et al., A.L. 2018 1st Ex. Sess. H.B. 2)
Effective 12-18-18
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.005 - Conditions and criteria for referral — statements by participant not to be used as evidence, when — records, access to staff, closed, when.

Title XXXII COURTS
Chapter 478
• Effective - 18 Dec 2018, 2 histories, see footnote
478.005. Conditions and criteria for referral — statements by participant not to be used as evidence, when — records, access to staff, closed, when. —
1. Each circuit court shall establish conditions for referral of proceedings to the treatment court division. Each treatment court within a treatment court division shall establish criteria upon which a person is deemed eligible for that specific treatment court and for determining successful completion of the treatment court program.
2. Any statement made by a participant as part of participation in the treatment court program, or any report made by the staff of the program, shall not be admissible as evidence against the participant in any criminal, juvenile or civil proceeding. Notwithstanding the foregoing, termination from the treatment court program and the reasons for termination may be considered in sentencing or disposition.
3. Notwithstanding any other provision of law to the contrary, treatment court staff shall be provided with access to all records of any state or local government agency relevant to the treatment of any program participant. Upon general request, employees of all such agencies shall fully inform treatment court staff of all matters relevant to the treatment of the participant. All such records and reports and the contents thereof shall be treated as closed records and shall not be disclosed to any person outside of the treatment court, and shall be maintained by the court in a confidential file not available to the public.
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(L. 1998 H.B. 1147, et al. § 5 subsecs. 3, 4, 5, A.L. 2018 1st Ex. Sess. H.B. 2)
Effective 12-18-18
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.007 - Alternative disposition of cases, court may be established — private probation services, when.

Title XXXII COURTS
Chapter 478
• Effective - 18 Dec 2018, 4 histories, see footnote
478.007. Alternative disposition of cases, court may be established — private probation services, when. —
1. Any circuit court may establish a DWI court within the treatment court division to provide an alternative for the judicial system to dispose of cases in which a person has pleaded guilty to driving while intoxicated or driving with excessive blood alcohol content and:
(1) The person was operating a motor vehicle with at least fifteen-hundredths of one percent or more by weight of alcohol in such person's blood; or
(2) The person has previously pleaded guilty to or has been found guilty of one or more intoxication-related traffic offenses as defined by section 577.001; or
(3) The person has two or more previous alcohol-related enforcement contacts as defined in section 302.525.
2. This court shall combine judicial supervision, drug or alcohol testing, continuous alcohol monitoring, or verifiable breath alcohol testing, substance abuse traffic offender program compliance, and treatment of DWI court participants. The court may assess any and all necessary costs for participation in DWI court against the participant. Any money received from such assessed costs by a court from a defendant shall not be considered court costs, charges, or fines. This court shall operate in conjunction with a treatment court established pursuant to sections 478.001 to 478.009.
3. If the division of probation and parole is otherwise unavailable to assist in the judicial supervision of any person who wishes to enter a DWI court, a court-approved private probation service may be utilized by the DWI court to fill the division's role. In such case, any and all necessary additional costs may be assessed against the participant. No person shall be rejected from participating in DWI court solely for the reason that the person does not reside in the city or county where the applicable DWI court is located but the DWI court can base acceptance into a treatment court program on its ability to adequately provide services for the person or handle the additional caseload.
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(L. 2010 H.B. 1695, et al., A.L. 2013 S.B. 100 merged with S.B. 327, A.L. 2015 S.B. 254, A.L. 2018 1st Ex. Sess. H.B. 2)
Effective 12-18-18
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.010 - Election of circuit judges.

Title XXXII COURTS
Chapter 478
Effective - 02 Jan 1979, see footnote
478.010. Election of circuit judges. —
1. Except as provided in Section 25 of Article V of the Constitution of Missouri, the circuit judges of the various judicial circuits shall be elected at the general elections as herein provided and at the general election every six years thereafter, and shall enter upon the duties of their office on the first day in January next following their election; provided, however, that any terms commencing in 1981 and 1983 shall commence on the first Monday in January.
2. The circuit judge of judicial circuit number one shall be elected in 1980.
3. The circuit judge of judicial circuit number thirty-six shall be elected in 1984.
4. The circuit judges of the remaining judicial circuits, except those covered by sections 478.370 through 478.715, shall be elected in 1982.
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(RSMo 1939 § 2099, A. 1949 S.B. 1140, A.L. 1953 p. 398, A.L. 1958 2d Ex. Sess. p. 166, A.L. 1959 S.B. 96, A.L. 1965 pp. 639, 644, A.L. 1973 H.B. 69, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1937; 1919 § 2435; 1909 § 3955
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.011 - Number of judicial circuits

Title XXXII COURTS
Chapter 478
Effective - 18 Feb 2016, see footnote
478.011. Number of judicial circuits —
This state is divided into forty-six judicial circuits, numbered consecutively from one to forty-six.
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(L. 2016 S.B. 585)
Effective 2-18-16
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.012 - Circuit court defined.

Title XXXII COURTS
Chapter 478
Effective - 28 Aug 1997
478.012. Circuit court defined. —
When the term
"circuit court"
is used in the statutes to refer to the location in which a case or proceeding may or shall be filed, that term shall mean any division of the circuit court in which the case or proceeding could be filed pursuant to other law or valid court rule.
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(L. 1997 S.B. 248)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.013 - Salaries of circuit judges — practice of or doing law business prohibited.

Title XXXII COURTS
Chapter 478
• Effective - 28 Aug 1990
478.013. Salaries of circuit judges — practice of or doing law business prohibited. —
1. Each judge of the circuit court shall receive an annual salary of seventy-nine thousand one hundred sixty-four dollars plus any salary adjustment provided after August 28, 1990, pursuant to section 476.405, all of which shall be paid by the state out of the state treasury.
2. No circuit judge shall practice law or do a law business nor shall he accept, during his term of office, any public appointment or employment for which he receives compensation for his services.
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(L. 1945 p. 1522 § 2, A.L. 1949 p. 568, A.L. 1951 p. 430, A.L. 1953 p. 402, A.L. 1955 p. 497, A.L. 1959 S.B. 96, A.L. 1961 p. 308, A.L. 1965 pp. 640, 641, A.L. 1967 p. 647, A.L. 1972 S.B. 496, A.L. 1975 H.B. 82, A.L. 1977 H.B. 521, A.L. 1982 S.B. 497, A.L. 1984 H.B. 1244, A.L. 1990 S.B. 567)
Revisor's Note: Salary adjustment index is printed, as required by § 476.405, in Appendix D.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.014 - Judge of the circuit court, defined.

Title XXXII COURTS
Chapter 478
Effective - 02 Jan 1979, see footnote
478.014. Judge of the circuit court, defined. —
The term
"judge of the circuit court"
as used in section 478.013 means circuit judge, and does not include an associate circuit judge or municipal judge.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.017 - Travel allowance for circuit judges.

Title XXXII COURTS
Chapter 478
Effective - 02 Jan 1979, see footnote
478.017. Travel allowance for circuit judges. —
1. Each circuit judge of a judicial circuit composed of a single county which now has or may hereafter have less than two hundred thousand inhabitants and in which circuit court is held in more than one place and each circuit and associate circuit judge of a circuit court which consists of more than one county, in addition to his salary
*
, shall be reimbursed out of the state treasury for all reasonable and necessary travel and subsistence expenses incurred in holding court at any place in the county of his residence other than the place of his residence.
2. Each circuit and associate circuit judge of a judicial circuit which consists of more than one county, in addition to his salary, shall be reimbursed out of the state treasury for all reasonable and necessary travel and subsistence expenses incurred in holding court in a county other than the county of his residence.
3. Whenever a judge, other than a municipal judge, travels to any place other than to the judge's regular courtroom or courtrooms to hear municipal ordinance violation cases, he shall be reimbursed from the state treasury, in addition to his salary, for his reasonable and necessary travel and subsistence expenses incurred in holding court at such place.
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(L. 1945 p. 1522 § 4, A.L. 1958 2d Ex. Sess. p. 164, A.L. 1978 H.B. 1634)
Effective 1-02-79
*Words "their salaries" appear in original rolls.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.018 - Associate judges, circuit court, compensation.

Title XXXII COURTS
Chapter 478
• Effective - 28 Aug 1990
478.018. Associate judges, circuit court, compensation. —
Each associate circuit judge shall receive an annual salary of sixty-nine thousand seven hundred thirteen dollars plus any salary adjustment provided after August 28, 1990, pursuant to section 476.405.
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(L. 1979 S.B. 431, A.L. 1982 S.B. 497, A.L. 1984 H.B. 1244, A.L. 1990 S.B. 567)
Revisor's Note: Salary adjustment index is printed, as required by § 476.405, in Appendix D.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.019 - Judge of probate division, ex officio circuit or associate circuit judge, when, salary, how payable.

Title XXXII COURTS
Chapter 478
Effective - 28 Aug 1984
478.019. Judge of probate division, ex officio circuit or associate circuit judge, when, salary, how payable. —
Each judge of the probate division of the circuit court shall also be an ex officio circuit judge of the circuit for such additional classes of cases as may be assigned to him by the presiding judge of the circuit if he be a circuit judge and an ex officio associate circuit judge of the county for such additional classes of cases as may be assigned to him by the presiding judge of the circuit if he be an associate circuit judge. The salary payable to each such judge who serves as a judge of the probate division shall be payable to him in his capacity as such ex officio circuit judge or ex officio associate circuit judge, as the case may be, and not in his capacity as a judge of the probate division.
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(L. 1982 S.B. 497, A.L. 1984 H.B. 1244)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.020 - Expenses of judge when serving outside regular circuit.

Title XXXII COURTS
Chapter 478
Effective - 02 Jan 1979, see footnote
478.020. Expenses of judge when serving outside regular circuit. —
Each circuit and associate circuit judge when temporarily serving, transferred or assigned as a judge of a court sitting outside of such judge's own circuit, in addition to the salary and expense money herein provided, shall be reimbursed from the state treasury for all reasonable and necessary travel and subsistence expenses incurred in connection with his service, assignment or transfer to the other court.
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(L. 1945 p. 1522 § 5, A.L. 1958 2d Ex. Sess. p. 164, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1938; 1919 § 2436; 1909 § 3956
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.023 - Salary and expenses, how paid.

Title XXXII COURTS
Chapter 478
Effective - 28 Aug 1980
478.023. Salary and expenses, how paid. —
All of said salaries and expenses herein provided for circuit and associate circuit judges shall be paid out of the state treasury and shall constitute the total compensation for all duties performed by, and all expenses of, said judges, and there shall be no further payment made to or accepted by said judges for the performance of any duties required to be performed by them under the law.
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(L. 1945 p. 1522 § 6, A.L. 1978 H.B. 1634, A.L. 1980 H.B. 1266)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.035 - Circuit courts — counties and City of St. Louis to provide quarters.

Title XXXII COURTS
Chapter 478
Effective - 03 Feb 1995, see footnote
478.035. Circuit courts — counties and City of St. Louis to provide quarters. —
The counties and the city of St. Louis shall provide suitable quarters for the respective circuit courts, including all divisions thereof except divisions presided over by municipal judges. Such quarters shall be provided at the county seat, except in the following situations:
(1) Except as provided in section 478.038, in counties where provision was made on January 1, 1979, for a county to provide quarters for the circuit court or the courts replaced by divisions of the circuit court at a location other than at the county seat, the county shall continue to provide suitable quarters for the respective divisions of the circuit court at such additional locations.
(2) The county commission may, by proper order, provide additional quarters for divisions of the circuit court at additional locations outside the county seat.
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(L. 1978 H.B. 1634, A.L. 1995 H.B. 239)
Effective 2-03-95
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.038 - Circuit number nine, election to maintain quarters for circuit court, form of question.

Title XXXII COURTS
Chapter 478
• Effective - 03 Feb 1995, see footnote
478.038. Circuit number nine, election to maintain quarters for circuit court, form of question. —
1. In circuit number nine, the county commission of the county of Linn may submit the issue of whether to maintain quarters for the circuit court at a location other than at the county seat to a vote of the people.
2. The county commission may make an order to present to the voters of the county the question of whether to maintain quarters for the circuit court at a location other than at the county seat. The question shall be submitted in substantially the following form:
Shall the county continue to maintain quarters for the circuit court at a location other than at the county seat?
3. If a majority of the votes cast on the question are in favor of maintaining a second courthouse at a location other than the county seat, the county commission shall by order entered of record continue to maintain quarters for the circuit court at a location other than the county seat. If a majority of the votes cast on the question are against maintaining a second courthouse at a location other than the county seat, the county commission shall by order entered of record cease to maintain a second courthouse at a location other than the county seat.
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(L. 1995 H.B. 239 § 478.037)
Effective 2-03-95
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.063 - Juvenile divisions designated.

Title XXXII COURTS
Chapter 478
Effective - 28 Aug 1993
478.063. Juvenile divisions designated. —
In all judicial circuits of this state, except in jurisdictions that have a family court as provided in sections 487.010 to 487.190 the circuit judges shall be vested with power to designate by local circuit court rule and concurred in by a majority of such judges, the division or divisions which shall be juvenile division or divisions and the classes of cases that shall be assigned to each, and may amend such rule from time to time as, in the judgment of a majority of such judges, will best serve the public interest.
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(L. 1945 p. 811 § 1, A.L. 1978 H.B. 1634, A.L. 1993 H.B. 346)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.070 - Jurisdiction of circuit courts.

Title XXXII COURTS
Chapter 478
Effective - 02 Jan 1979, see footnote
478.070. Jurisdiction of circuit courts. —
The circuit courts shall have original jurisdiction over all cases and matters, civil and criminal. Such courts may issue and determine original remedial writs.
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(RSMo 1939 § 2100, A. 1949 S.B. 1140, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.072 - Preserving record, case assigned to associate circuit judge, how, approval required — supreme court to prescribe procedures and forms.

Title XXXII COURTS
Chapter 478
• Effective - 02 Jan 1979, see footnote
478.072. Preserving record, case assigned to associate circuit judge, how, approval required — supreme court to prescribe procedures and forms. —
1. In any case assigned to an associate circuit judge to be heard upon the record as authorized by law, the associate circuit judge shall utilize electronic, magnetic, or mechanical sound, or video recording devices, or a court reporter, or a stenographer for the purpose of preserving the record. The method of preserving the record in each such assigned case shall be specified by the assigning judge at the time he enters his order of assignment. Electronic, magnetic, or mechanical recording devices shall be approved by the office of state courts administrator prior to their utilization by any associate circuit judge.
2. The supreme court shall by order prescribe necessary and proper forms and procedures in addition to those specified herein.
3. Any circuit judge serving as judge of a probate division of the circuit court may also preserve the record in his court by using such approved electronic, magnetic, or mechanical recording devices.
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(L. 1976 H.B. 1317 & 1098 § 2, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.073 - Circuit realignment plan authorized — judicial conference duties — effective date — minimum number of circuits — publication by the revisor.

Title XXXII COURTS
Chapter 478
• Effective - 28 Aug 2013
478.073. Circuit realignment plan authorized — judicial conference duties — effective date — minimum number of circuits — publication by the revisor. —
1. (1) As set forth in this section, the general assembly authorizes the judicial conference of the state of Missouri, as established pursuant to section 476.320, to alter the geographical boundaries and territorial jurisdiction of the judicial circuits by means of a circuit realignment plan as the administration of justice may require, subject to the requirements set forth in Article V of the Constitution of Missouri.
(2) Beginning in 2020, and every twenty years thereafter, within the first ten calendar days of the regular legislative session, the judicial conference shall submit to the secretary of the senate, the chief clerk of the house of representatives and the chairs of the house and senate judiciary committees a circuit realignment plan for the alteration of the geographical boundaries and territorial jurisdiction of the judicial circuits. Along with a statement of the numbers and boundaries of the proposed judicial circuits together with a map of the proposed judicial circuits, the circuit realignment plan shall include an analysis of the following supporting information:
(a) A current judicial weighted workload model;
(b) A current clerical weighted workload model;
(c) Whether litigants in the current circuits have adequate access to the courts;
(d) The populations of the current and proposed judicial circuits determined on the basis of the most recent decennial census of the United States or annual population estimates prepared by the United States Bureau of the Census;
(e) Judicial duties and travel time;
(f) Historical connections between counties in the judicial circuits; and
(g) Other information deemed relevant by the judicial conference.
(3) Once submitted to both chambers, a circuit realignment plan shall become effective January first of the year following the session of the general assembly to which it is submitted, unless a bill realigning the judicial circuits is presented to the governor and is duly enacted.
2. A circuit realignment plan shall not alter the total number of judicial circuits in existence on December 31, 2019, and any circuit realignment plan creating or reducing the number of judicial circuits shall be null and void.
3. A circuit realignment plan not superceded in the manner set forth in this section shall be considered for all purposes as the equivalent in force, effect, and intent of a public act of the state upon its taking effect, and it shall be published by the revisor of statutes together with the laws adopted by the general assembly during the session in which the plan is submitted.
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(L. 1959 S.B. 96, A.L. 1971 S.B. 163, A.L. 2013 H.B. 374 & 434)
CROSS REFERENCE:
Judicial circuits--establishment and changes, Const. Art. V § 15
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.191 - Authority for establishment of circuits, repealed, effective when.

Title XXXII COURTS
Chapter 478
Effective - 18 Feb 2016, 2 histories, see footnote
478.191. Authority for establishment of circuits, repealed, effective when. —
The repeal of sections 478.075, 478.077, 478.080, 478.085, 478.087, 478.090, 478.093, 478.095, 478.097, 478.100, 478.103, 478.105, 478.107, 478.110, 478.113, 478.115, 478.117, 478.120, 478.123, 478.125, 478.127, 478.130, 478.133, 478.135, 478.137, 478.140, 478.143, 478.145, 478.147, 478.150, 478.153, 478.155, 478.157, 478.160, 478.163, 478.165, 478.167, 478.170, 478.173, 478.175, 478.177, 478.180, 478.183, 478.185, 478.186, 478.188, and the repeal and reenactment of section 487.010 shall become effective December 31, 2020.
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(L. 2013 H.B. 374 & 434 § B, A.L. 2016 S.B. 585)
Effective 2-18-16
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.205 - Circuit court, continual session — when term required, time commencing.

Title XXXII COURTS
Chapter 478
Effective - 02 Jan 1979, see footnote
478.205. Circuit court, continual session — when term required, time commencing. —
The circuit court of each county and in the city of St. Louis shall be considered as being in continual session, and it shall not be necessary for a term or special term of any such court to be convened or held for such court or the judges thereof to conduct the business of the court with respect to any case or matter before the court. To the extent that a term of a circuit court may be required or specified by any provision of law, terms of each circuit court of the state shall be considered as commencing on the second Mondays in February, May, August and November of each year; provided, however, that no court by reason of this section shall be required to hold court on the first day of any such term and provided further that each circuit court for convenience may provide by local court rule for a different number of terms per year and for terms to commence on different dates.
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(L. 1959 S.B. 96, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.206 - Writs and other processes returned to first term, when, effect.

Title XXXII COURTS
Chapter 478
Effective - 02 Jan 1979, see footnote
478.206. Writs and other processes returned to first term, when, effect. —
When any writ or other process is made returnable to any stated term of any court of record and the time of holding such term shall be changed by the legislature or by local court rule, such process shall be returned to the first term of the court held in pursuance of such change, and with the same effect as if returned at the time named in such process.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.220 - Circuit and associate circuit judges, jurisdiction, restrictions.

Title XXXII COURTS
Chapter 478
Effective - 28 Aug 1989, 2 histories
478.220. Circuit and associate circuit judges, jurisdiction, restrictions. —
Circuit judges and associate circuit judges may hear and determine all cases and matters within the jurisdiction of their circuit courts, subject however, to the following restrictions:
(1) Circuit judges shall not hear and determine municipal ordinance violation cases, except upon trial de novo, unless the judge be transferred or assigned to hear and determine the case or that class of case pursuant to section 478.240 or 478.245, or Section 6 of Article V of the Constitution; and
(2) Each circuit judge or associate circuit judge who serves as the judge of the probate division of the circuit court may hear and determine all cases and matters within the probate division of the circuit court in the county for which he is judge in accordance with the rules of civil procedure, except where specific statutes govern procedure in the probate division; and
(3) The provisions of this section authorizing the hearing and determination of particular cases or classes of cases by circuit judges and associate circuit judges shall be subject to the transfer, assignment, and disqualification provisions contained in Article V of the Constitution, in provisions of law, or in court rules which are authorized by the constitution or by law.
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(L. 1978 H.B. 1634, A.L. 1989 S.B. 127, et al.)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.230 - Municipal judges, jurisdiction — cases subject to transfer.

Title XXXII COURTS
Chapter 478
Effective - 02 Jan 1979, 2 histories, see footnote
478.230. Municipal judges, jurisdiction — cases subject to transfer. —
A municipal judge may hear and determine municipal ordinance violation cases of the municipality or municipalities making provision for the particular municipal judge. The provisions of this section authorizing the hearing and determination of particular cases or classes of cases by municipal judges shall be subject to the transfer, assignment, and disqualification provisions contained in Article V of the Constitution, in provisions of law, or in court rules which are authorized by the constitution or by law.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.248 - Availability of a judge for bail purposes, when, local court rules to ensure.

Title XXXII COURTS
Chapter 478
Effective - 28 Aug 1982
478.248. Availability of a judge for bail purposes, when, local court rules to ensure. —
The circuit courts of this state by local rule shall adopt a procedure ensuring the availability at all hours and times of a circuit judge or associate circuit judge within the circuit for the purpose of admitting persons to bail with qualified sureties or on their own recognizances in such amounts as may be set by the court or judge during any such hours and times.
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(L. 1982 S.B. 497 § 3)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.250 - Procedure for filing cases, docketing, assignment, hearing.

Title XXXII COURTS
Chapter 478
• Effective - 28 Aug 1989, 2 histories
478.250. Procedure for filing cases, docketing, assignment, hearing. —
1. Until otherwise provided by court rule authorized by the constitution or by court order authorized by law, cases shall continue to be filed in the same places and the same filing, docketing and assignment of case procedures shall apply as were in effect on January 1, 1979, with respect to the same categories of cases.
2. In those counties with centralized filing, if a case is within those categories of cases enumerated in subdivisions (1) and (2) of subsection 1 of section 517.011, the plaintiff when filing the case may designate at the time of filing that the case shall be heard and determined under the civil practice and procedure applicable before circuit judges, and in such event the case shall be heard and determined by a circuit judge unless an associate circuit judge shall be assigned or transferred to hear and determine the case pursuant to section 478.240 or 478.245 or Section 6 of Article V of the Constitution. If no such designation is made, the case shall be heard and determined under chapter 517.
3. In the assignment of cases to associate circuit judges in circuit courts with more than one resident associate circuit judge, insofar as is reasonably possible and consistent with the proper administration of justice, assignments made either pursuant to local circuit court rule or by the presiding judge:
(1) Shall not effect an assignment of the cause from the courthouse where the case is filed to another courthouse in the county for hearing without the consent of the parties shown except for good cause shown; and
(2) Shall be made in such manner as will assure that when a litigant or counsel simultaneously file a number of cases of a similar character to be heard before an associate circuit judge, such cases will be assigned as a group to a single associate circuit judge or in such other manner as will reasonably assure that they will be processed and heard without setting or return date conflicts which would require counsel to appear on multiple occasions or at conflicting times.
4. The provisions of subsection 3 of this section shall apply as to assignments made where a centralized docketing procedure has been adopted by local court order under the provisions of subsection 4
*
of section 478.245.
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(L. 1978 H.B. 1634, A.L. 1989 S.B. 127, et al.)
*The number "4" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.255 - Disqualification of judge, reassignment procedure — applicability to probate judges.

Title XXXII COURTS
Chapter 478
• Effective - 28 Aug 2005, 2 histories
478.255. Disqualification of judge, reassignment procedure — applicability to probate judges. —
1. When the presiding judge assigns an associate circuit judge to sit as a circuit judge in a particular case and, thereafter, the associate circuit judge is disqualified from hearing the case, the case shall be returned to the presiding judge for reassignment to another judge of the circuit court including the presiding judge himself should that be necessary in the discretion of the presiding judge.
2. When a presiding judge elects to hear and determine a case but subsequently is disqualified, such judge is disqualified for all purposes and the chief justice of the supreme court shall assign a competent judge to hear and determine the case, except as provided in subsection 3 of this section.
3. In any circuit, which has four circuit judges or less, when a presiding judge elects to hear and determine a case but subsequently is disqualified, such presiding judge may assign another judge within the circuit, qualified to hear the case, to hear and determine the case. If there is no other judge within the circuit qualified to hear the case, the chief justice of the supreme court shall assign a competent judge to hear and determine the case.
4. The provisions of this section shall apply to disqualification of any judge in the probate division of a circuit court.
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(L. 1979 S.B. 431, A.L. 1982 S.B. 643, A.L. 1989 S.B. 127, et al., A.L. 2005 S.B. 420 & 344)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.260 - Probate division of circuit court established, jurisdiction.

Title XXXII COURTS
Chapter 478
Effective - 28 Aug 1989, 2 histories
478.260. Probate division of circuit court established, jurisdiction. —
1. There shall be a probate division of the circuit court in each county and in the city of St. Louis.
2. In probate matters, the circuit judge or associate circuit judge serving in the probate division shall have general equitable jurisdiction.
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(L. 1978 H.B. 1634, A.L. 1989 S.B. 127, et al.)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.265 - Commissioner of the probate division of circuit court, appointment, qualifications, powers, duties, compensation (counties over 400,000).

Title XXXII COURTS
Chapter 478
• Effective - 02 Jan 1979, 2 histories, see footnote
*478.265. Commissioner of the probate division of circuit court, appointment, qualifications, powers, duties, compensation (counties over 400,000). —
The judge of the probate division of the circuit court of any county which has more than four hundred thousand inhabitants may appoint a person to be known as commissioner of the probate division of the circuit court, who shall possess the same qualifications and take and subscribe a like oath as such judge. The compensation of the commissioner shall be limited, determined and paid in the same manner as division clerks as provided by subsection 2 of section 483.243 until June 30, 1981, and section 483.245 after that date except as provided in sections 478.266 and 478.267; provided, however, that said commissioner shall receive a per diem of twenty dollars per day as compensation unless said commissioner is a regular salaried employee serving the probate division of the circuit court in which event he shall receive no per diem allowance; and his service shall extend until terminated by order of the judge of the probate division of the circuit court entered of record but not beyond the term of office of such judge. Subject to approval or rejection by the judge of the probate division, the commissioner shall have all the powers and duties of such judge; but the judge shall by order of record reject or confirm all orders, judgments, and decrees of the commissioner within the time such judge could set aside such orders, judgments, or decrees, had the same been made by him; and if so confirmed such orders, judgments, and decrees shall have the same effect as if made by the judge on the date of such confirmation.
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(L. 1978 H.B. 1634)
Effective 1-02-79
*Formerly 481.115.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.267 - Probate division of circuit court, commissioner authorized, compensation, term — commissioner's orders, rejection or confirmation of (St. Louis County).

Title XXXII COURTS
Chapter 478
• Effective - 28 Aug 1991, 2 histories
*478.267. Probate division of circuit court, commissioner authorized, compensation, term — commissioner's orders, rejection or confirmation of (St. Louis County). —
Notwithstanding the provisions of section 478.265, on and after January 2, 1979, in each county of the first class having a charter form of government and having a population of at least nine hundred thousand or more inhabitants, the judge of the probate division of the circuit court may appoint one person, who shall possess the same qualifications as a circuit judge, to act as commissioner of the probate division of the circuit court. The commissioner shall be appointed for a term of four years. The compensation of the commissioner shall be determined by the judge of the probate division of the circuit court, not to exceed the compensation of a circuit court judge, payable in the same manner and from the same source as the compensation of the judge who serves in the probate division of the circuit court. Subject to approval or rejection by the judge of the probate division, the commissioner shall have all the powers and duties of the judge. The judge shall by order of record reject or confirm all orders, judgments and decrees of the commissioner within the time the judge could set aside such orders, judgments or decrees had the same been made by him. If so confirmed, the orders, judgments and decrees shall have the same effect as if made by the judge on the date of their confirmation.
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(L. 1978 H.B. 1634, A.L. 1991 S.B. 34)
*Formerly 481.117.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.268 - Probate division commissioner authorized, thirty-first judicial circuit, term, compensation — commissioner's orders, rejection or confirmation.

Title XXXII COURTS
Chapter 478
Effective - 28 Aug 1999
478.268. Probate division commissioner authorized, thirty-first judicial circuit, term, compensation — commissioner's orders, rejection or confirmation. —
Notwithstanding the provisions of section 478.265, in the thirty-first judicial circuit, the circuit court en banc may appoint one person, who shall possess the same qualifications as a circuit judge, to act as commissioner of the probate division of the circuit court. The commissioner shall be appointed for a term of four years. The compensation and retirement benefits of the commissioner shall be the same as that of an associate circuit judge, payable in the same manner and from the same source as that of the associate circuit judge. Subject to approval or rejection by the judge of the probate division, the commissioner shall have all the powers and duties of a circuit judge. The judge shall by order of record reject or confirm all orders, judgments and decrees of the commissioner within the time the judge could set aside such orders, judgments or decrees had the same been made by such judge. If so confirmed, the orders, judgments and decrees shall have the same effect as if made by the judge on the date of their confirmation.
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(L. 1996 S.B. 869, A.L. 1997 H.B. 59, A.L. 1999 S.B. 1, et al.)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.270 - Judge or clerk not to prepare wills or settlements — letters revoked, when.

Title XXXII COURTS
Chapter 478
Effective - 02 Jan 1979, 2 histories, see footnote
*478.270. Judge or clerk not to prepare wills or settlements — letters revoked, when. —
1. No judge or clerk of the probate division of the circuit court shall draw or witness any will or make any settlement for any administrator, executor or guardian over which his court has jurisdiction.
2. The acceptance of the office of judge of the probate division of the circuit court operates as a revocation of all letters testamentary and of administration and of guardianship held by a judge of a probate division of a circuit court at the time of his election, and disqualifies him from acting in any capacity in such cases in any court of this state.
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(L. 1978 H.B. 1634)
Effective 1-02-79
*Formerly 481.130.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.320 - Associate circuit judges, authorized number — population determination — election — restrictions on practice of law or paid public appointment — residency requirement.

Title XXXII COURTS
Chapter 478
• Effective - 08 Jul 2014, 2 histories, see footnote
478.320. Associate circuit judges, authorized number — population determination — election — restrictions on practice of law or paid public appointment — residency requirement. —
1. In counties having a population of thirty thousand or less, there shall be one associate circuit judge. In counties having a population of more than thirty thousand and less than one hundred thousand, there shall be two associate circuit judges. In counties having a population of one hundred thousand or more, there shall be three associate circuit judges and one additional associate circuit judge for each additional one hundred thousand inhabitants.
2. For purposes of this section, notwithstanding the provisions of section 1.100, population of a county shall be determined on the basis of the last previous decennial census of the United States; and, beginning after certification of the year 2000 decennial census, on the basis of annual population estimates prepared by the United States Bureau of the Census, provided that the number of associate circuit judge positions in a county shall be adjusted only after population estimates for three consecutive years indicate population change in the county to a level provided by subsection 1 of this section.
3. Except in circuits where associate circuit judges are selected under the provisions of Sections 25(a) to (g) of Article V of the constitution, the election of associate circuit judges shall in all respects be conducted as other elections and the returns made as for other officers.
4. In counties not subject to Sections 25(a) to (g) of Article V of the constitution, associate circuit judges shall be elected by the county at large.
5. No associate circuit judge shall practice law, or do a law business, nor shall he or she accept, during his or her term of office, any public appointment for which he or she receives compensation for his or her services.
6. No person shall be elected as an associate circuit judge unless he or she has resided in the county for which he or she is to be elected at least one year prior to the date of his or her election; provided that, a person who is appointed by the governor to fill a vacancy may file for election and be elected notwithstanding the provisions of this subsection.
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(L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al., A.L. 1999 S.B. 1, et al., A.L. 2013 H.B. 374 & 434 merged with S.B. 100, A.L. 2014 H.B. 1231 merged with S.B. 621)
Effective 7-08-14
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.330 - Additional circuit judges authorized, when.

Title XXXII COURTS
Chapter 478
Effective - 28 Aug 2016
478.330. Additional circuit judges authorized, when. —
1. When an annual judicial performance report submitted pursuant to section 477.405 indicates for three consecutive calendar years the need for two or more full-time judicial positions in any judicial circuit there shall be one additional circuit judge position authorized in such circuit, subject to appropriations made for that purpose.
2. Except in circuits where circuit judges are selected under the provisions of Sections 25(a) to 25(g) of Article V
*
of the Missouri Constitution, the election of circuit judges authorized by this section shall be conducted in accordance with chapter 115.
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(L. 2016 S.B. 578)
*Words "article V of sections 25(a) to 25(g)" appear in original rolls.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.370 - Divisions of Circuit No. 5, number — when judges elected.

Title XXXII COURTS
Chapter 478
• Effective - 01 Jan 1982, 2 histories, see footnote
478.370. Divisions of Circuit No. 5, number — when judges elected. —
1. There shall be four circuit judges in the fifth judicial circuit consisting of the counties of Buchanan and Andrew. These judges shall sit in divisions numbered one, two, three and four.
2. The circuit judge in division two shall be elected in 1980. The circuit judges in divisions one, three and four shall be elected in 1982.
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(L. 1889 p. 73 §§ 1, 2, L. 1915 p. 257 § 1, A. 1949 S.B. 1140, A.L. 1959 S.B. 96, S.B. 151, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 24)
Effective 1-01-82
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.385 - Circuit No. 7, number of judges.

Title XXXII COURTS
Chapter 478
• Effective - 02 Jan 1979, see footnote
478.385. Circuit No. 7, number of judges. —
There shall be four circuit judges in the seventh judicial circuit consisting of the county of Clay.
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(L. 1958 2d Ex. Sess. p. 165 § 1, A.L. 1965 p. 642, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 478 - Circuit Courts › Section 478.387 - Circuit No. 22, number of judges.

Title XXXII COURTS
Chapter 478
• Effective - 02 Jan 1979, see footnote
478.387. Circuit No. 22, number of judges. —
There shall be twenty-four circuit judges in the twenty-second judicial circuit consisting of the city of St. Louis.
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(RSMo 1939 § 2213, A.L. 1965 p. 643, A.L. 1971 S.B. 89, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 2111; 1919 § 2614; 1909 § 4147
Effective 1-02-79