Mo. Rev. Stat. ch. 478

Mo. Rev. Stat. ch. 478
in effect

Mo. Rev. Stat. § 478.001 Treatment court divisions, definitions, establishment, purpose - referrals ...

478.001. Treatment court divisions, definitions, establishment, purpose — referrals to certified treatment programs required, exception — completion of treatment program, effect — adult treatment court — DWI court — family treatment court — juvenile treatment court — veterans treatment court — mental health treatment court. — 1. For purposes of sections 478.001 to 478.009 , the following terms shall mean: (1) "Adult treatment court" , a treatment court focused on addressing the substance use disorder or co-occurring disorder of defendants charged with a criminal offense; (2) "Community-based substance use disorder treatment program" , an agency certified by the department of mental health as a substance use disorder treatment provider; (3) "Co-occurring disorder" , the coexistence of both a substance use disorder and a mental health disorder; (4) "DWI court" , a treatment court focused on addressing the substance use disorder or co-occurring disorder of defendants who have pleaded guilty to or been found guilty of driving while intoxicated or driving with excessive blood alcohol content; (5) "Family treatment court" , a treatment court focused on addressing a substance use disorder or co-occurring disorder existing in families in the juvenile court, family court, or criminal court in which a parent or other household member has been determined to have a substance use disorder or co-occurring disorder that impacts the safety and well-being of the children in the family; (6) "Juvenile treatment court" , a treatment court focused on addressing the substance use disorder or co-occurring disorder of juveniles in the juvenile court; (7) "Medication-assisted treatment" , the use of pharmacological medications, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders; (8) "Mental health disorder" , any organic, mental, or emotional impairment that has substantial adverse effects on a person's cognitive, volitional, or emotional function and that constitutes a substantial impairment in a person's ability to participate in activities of normal living; (9) "Mental health treatment court" , a treatment court focused on addressing the mental health disorder or co-occurring disorder of defendants charged with a criminal offense; (10) "Risk and needs assessment" , an actuarial tool, approved by the treatment courts coordinating commission and validated on a targeted population of drug-involved adult offenders, scientifically proven to determine a person's risk to recidivate and to identify criminal risk factors that, when properly addressed, can reduce that person's likelihood of committing future criminal behavior; (11) "Substance use disorder" , the recurrent use of alcohol or drugs that causes clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, or home; (12) "Treatment court commissioner" , a person appointed by a majority of the circuit and associate circuit judges in a circuit to preside as the judicial officer in the treatment court division; (13) "Treatment court division" , a specialized, nonadversarial court division with jurisdiction over cases involving substance-involved offenders and making extensive use of comprehensive supervision, drug or alcohol testing, and treatment services. Treatment court divisions include, but are not limited to, the following specialized courts: adult treatment court, DWI court, family treatment court, juvenile treatment court, mental health treatment court, veterans treatment court, or any combination thereof; (14) "Treatment court team" , the following members who are assigned to the treatment court: the judge or treatment court commissioner, treatment court administrator or coordinator, prosecutor, public defender or member of the criminal defense bar, a representative from the division of probation and parole, a representative from law enforcement, substance use disorder or mental health disorder treatment providers, and any other person selected by the treatment court team; (15) "Veterans treatment court" , a treatment court focused on substance use disorders, co-occurring disorders, or mental health disorders of defendants charged with a criminal offense who are military veterans or current military personnel. 2. A treatment court division shall be established, prior to August 28, 2021, by any circuit court pursuant to sections 478.001 to 478.009 to provide an alternative for the judicial system to dispose of cases which stem from, or are otherwise impacted by, a substance use disorder or mental health disorder. The treatment court division may include, but not be limited to, cases assigned to an adult treatment court, DWI court, family treatment court, juvenile treatment court, mental health treatment court, veterans treatment court, or any combination thereof. A treatment court shall combine judicial supervision, drug or alcohol testing, and treatment of participants. Except for good cause found by the court, a treatment court making a referral for substance use disorder or mental health disorder treatment, when such program will receive state or federal funds in connection with such referral, shall refer the person only to a program which is certified by the department of mental health, unless no appropriate certified treatment program is located within the same county as the treatment court. Upon successful completion of the treatment court program, the charges, petition, or penalty against a treatment court participant may be dismissed, reduced, or modified, unless otherwise stated. Except for those costs waived pursuant to section 488.016 , any fees received by a court from a defendant as payment for treatment programs shall not be considered court costs, charges or fines. 3. An adult treatment court may be established by any circuit court to provide an alternative for the judicial system to dispose of cases which stem from substance use. 4. A DWI court may be established by any circuit court to provide an alternative for the judicial system to dispose of cases that stem from driving while intoxicated. 5. A family treatment court may be established by any circuit court. The juvenile division of the circuit court or the family court, if one is established under section 487.010 , may refer one or more parents or other household members subject to its jurisdiction to the family treatment court if he or she has been determined to have a substance use disorder or co-occurring disorder that impacts the safety and well-being of the children in the family. 6. A juvenile treatment court may be established by the juvenile division of any circuit court. The juvenile division may refer a juvenile to the juvenile treatment court if the juvenile is determined to have committed acts that violate the criminal laws of the state or ordinances of a municipality or county and a substance use disorder or co-occurring disorder contributed to the commission of the offense. 7. The general assembly finds and declares that it is the public policy of this state to encourage and provide an alternative method for the disposal of cases for military veterans and current military personnel with substance use disorders, mental health disorders, or co-occurring disorders. In order to effectuate this public policy, a veterans treatment court may be established by any circuit court, or combination of circuit courts upon agreement of the presiding judges of such circuit courts, to provide an alternative for the judicial system to dispose of cases that stem from a substance use disorder, mental health disorder, or co-occurring disorder of military veterans or current military personnel. A veterans treatment court shall combine judicial supervision, drug or alcohol testing, and substance use and mental health disorder treatment to participants who have served or are currently serving the United States Armed Forces, including members of the Reserves or National Guard, with preference given to individuals who have combat service. For the purposes of this section, combat service shall be shown through military service documentation that reflects service in a combat theater, receipt of combat service medals, or receipt of imminent danger or hostile fire pay or tax benefits. Except for good cause found by the court, a veterans treatment court shall make a referral for substance use or mental health disorder treatment, or a combination of substance use and mental health disorder treatment, through the Department of Defense health care, the Veterans Administration or its successor department or agency, or a community-based substance use disorder treatment program. Community-based programs utilized shall receive state or federal funds in connection with such referral and shall only refer the individual to a program certified by the department of mental health, unless no appropriate certified treatment program is located within the same circuit as the veterans treatment court. 8. A mental health treatment court may be established by any circuit court to provide an alternative for the judicial system to dispose of cases that stem from a mental health disorder or co-occurring disorder. (L. 1998 H.B. 1147, et al. § 5 subsec. 1, A.L. 1999 S.B. 1, et al., A.L. 2010 H.B. 1695, et al., A.L. 2018 1st Ex. Sess. H.B. 2, A.L. 2019 H.B. 547, A.L. 2025 S.B. 218)

Mo. Rev. Stat. § 478.003 Administration - commissioners, appointment, term, removal, powers, duties, ...

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. (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

Mo. Rev. Stat. § 478.004 Meetings prior to treatment court sessions - criminal cases, defendant ...

478.004. Meetings prior to treatment court sessions — criminal cases, defendant ordered to treatment court division for treatment, when — accepting participants from outside circuit — opioid treatment. — 1. The treatment court team shall, when practicable, conduct a meeting prior to each treatment court session to discuss and provide updated information regarding the treatment court participant. After determining his or her progress or lack thereof, the treatment court team shall consider the appropriate incentive or sanction to be applied, and the court shall make the final decision based on information presented in the meeting. 2. In any criminal case in the circuit, if it is determined that the defendant meets the criteria for eligibility in the treatment court, the judge presiding over the criminal case may order the defendant to the treatment court division for treatment: (1) Prior to the entry of the sentence, excluding suspended imposition of sentence (SIS), if the prosecuting attorney consents; (2) As a condition of probation; or (3) Upon consideration of a motion to revoke probation. 3. A circuit that has established a treatment court division under this chapter may accept participants from any other jurisdiction in this state based upon either the residence of the participant in the receiving jurisdiction or the unavailability of a treatment court in the transferring jurisdiction. The transfer may occur at any time during the proceedings including, but not limited to, prior to adjudication and during periods when the participant is on probation. The receiving court shall have jurisdiction to impose a sentence including, but not limited to, sanctions, incentives, incarceration, and phase changes. A transfer under this subsection is not valid unless it is agreed to by the following: (1) The parties to the action; (2) The judge or commissioner of the transferring court; and (3) The judge or commissioner of the receiving treatment court. If the defendant assigned to treatment court is terminated from the treatment court, the case shall be returned to the transferring court for disposition. 4. If a treatment court participant requires treatment for opioid or other substance misuse or dependence, a treatment court shall not prohibit such participant from participating in and receiving medication-assisted treatment under the care of a physician licensed in this state to practice medicine. A treatment court participant shall not be required to refrain from using medication-assisted treatment as a term or condition of successful completion of the treatment court program. 5. A treatment court participant assigned to a treatment program for opioid or other substance misuse or dependence shall not be in violation of the terms or conditions of the treatment court on the basis of his or her participation in medication-assisted treatment under the care of a physician licensed in this state to practice medicine. (L. 2017 S.B. 501, A.L. 2018 1st Ex. Sess. H.B. 2) Effective 12-18-18

Mo. Rev. Stat. § 478.005 Conditions and criteria for referral - statements by participant not to be ...

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. (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

Mo. Rev. Stat. § 478.007 Alternative disposition of cases, court may be established - private ...

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. (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

Mo. Rev. Stat. § 478.009 Treatment courts coordinating commission established, members, meetings - ...

478.009. Treatment courts coordinating commission established, members, meetings — duties — fund created. — 1. In order to coordinate the allocation of resources available to treatment courts established by section 478.001 throughout the state, there is hereby established a "Treatment Courts Coordinating Commission" in the judicial department. The treatment courts coordinating commission shall consist of one member selected by the director of the department of corrections; one member selected by the director of the department of social services; one member selected by the director of the department of mental health; one member selected by the director of the department of public safety; one member selected by the state courts administrator; and five members selected by the Missouri supreme court, one of which shall be a representative of the prosecuting attorneys of the state and one of which shall be a representative of the criminal defense bar of the state. The Missouri supreme court shall designate the chair of the commission. The commission shall periodically meet at the call of the chair; evaluate resources available for assessment and treatment of persons assigned to treatment courts or for the operation of treatment courts; secure grants, funds and other property and services necessary or desirable to facilitate treatment court operation; and allocate such resources among the various treatment courts operating within the state. 2. The commission shall establish standards and practices for the various courts of the treatment court divisions, taking into consideration guidelines and principles based on current research and findings relating to practices shown to reduce recidivism of offenders with a substance use disorder or co-occurring disorder. 3. Each treatment court division shall adopt policies and practices that are consistent with the standards and practices established by the commission. 4. The commission, in cooperation with the office of state courts administrator, shall provide technical assistance to treatment courts to assist them with the implementation of policies and practices consistent with the standards established by the commission. 5. A circuit court that operates a treatment court division shall adhere to the commission's established standards and practices in order to operate and be recognized as a functioning treatment court division. 6. Treatment courts that do not comply with the commission's standards shall be subject to administrative action, which shall prohibit that treatment court from accepting any new admissions and shall require a written plan for the completion of treatment for any existing participants be submitted to the commission and the office of state courts administrator. A treatment court receiving administrative action may request authorization for the continuance of operations for a specified period of time. A request for authorization for continuance of operations shall include a plan of improvement and proposals that would allow for the continued operation for a specified period of time. 7. Treatment court programs that collect or assess fees shall follow guidelines established by the commission. 8. Treatment court programs shall enter data in the approved statewide case management system as specified by the commission. 9. There is hereby established in the state treasury a "Treatment Court Resources Fund", which shall be administered by the treatment courts coordinating commission. Funds available for allocation or distribution by the treatment courts coordinating commission may be deposited into the treatment court resources fund. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the treatment court resources fund shall not be transferred or placed to the credit of the general revenue fund of the state at the end of each biennium, but shall remain deposited to the credit of the treatment court resources fund. 10. After a date determined by the commission, funds from the treatment court resources fund shall be awarded only to treatment courts that are in compliance with the standards and practices established by the commission. (L. 2001 H.B. 471 merged with S.B. 89 & 37, A.L. 2010 H.B. 1695, et al., A.L. 2018 1st Ex. Sess. H.B. 2) Effective 12-18-18

Mo. Rev. Stat. § 478.010 Election of circuit judges.

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. (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

Mo. Rev. Stat. § 478.011 Number of judicial circuits

478.011. Number of judicial circuits — This state is divided into forty-six judicial circuits, numbered consecutively from one to forty-six. (L. 2016 S.B. 585) Effective 2-18-16

Mo. Rev. Stat. § 478.012 Circuit court defined.

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. (L. 1997 S.B. 248)

Mo. Rev. Stat. § 478.013 Salaries of circuit judges - practice of or doing law business prohibited.

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. (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.

Mo. Rev. Stat. § 478.014 Judge of the circuit court, defined.

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. (L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.017 Travel allowance for circuit judges.

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. (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.

Mo. Rev. Stat. § 478.018 Associate judges, circuit court, compensation.

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 . (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.

Mo. Rev. Stat. § 478.019 Judge of probate division, ex officio circuit or associate circuit judge, ...

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. (L. 1982 S.B. 497, A.L. 1984 H.B. 1244)

Mo. Rev. Stat. § 478.020 Expenses of judge when serving outside regular circuit.

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. (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

Mo. Rev. Stat. § 478.023 Salary and expenses, how paid.

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. (L. 1945 p. 1522 § 6, A.L. 1978 H.B. 1634, A.L. 1980 H.B. 1266)

Mo. Rev. Stat. § 478.035 Circuit courts - counties and City of St. Louis to provide quarters.

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. (L. 1978 H.B. 1634, A.L. 1995 H.B. 239) Effective 2-03-95

Mo. Rev. Stat. § 478.038 Circuit number nine, election to maintain quarters for circuit court, form ...

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. (L. 1995 H.B. 239 § 478.037) Effective 2-03-95

Mo. Rev. Stat. § 478.063 Juvenile divisions designated.

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. (L. 1945 p. 811 § 1, A.L. 1978 H.B. 1634, A.L. 1993 H.B. 346)

Mo. Rev. Stat. § 478.070 Jurisdiction of circuit courts.

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. (RSMo 1939 § 2100, A. 1949 S.B. 1140, A.L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.072 Preserving record, case assigned to associate circuit judge, how, approval ...

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. (L. 1976 H.B. 1317 & 1098 § 2, A.L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.073 Circuit realignment plan authorized - judicial conference duties - ...

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. (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

Mo. Rev. Stat. § 478.205 Circuit court, continual session - when term required, time commencing.

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. (L. 1959 S.B. 96, A.L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.206 Writs and other processes returned to first term, when, effect.

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. (L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.220 Circuit and associate circuit judges, jurisdiction, restrictions.

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

Mo. Rev. Stat. § 478.230 Municipal judges, jurisdiction - cases subject to transfer.

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. (L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.240 Presiding judge, term, selection procedures - chief justice of supreme ...

478.240. Presiding judge, term, selection procedures — chief justice of supreme court may remove presiding judge, designate acting judge — authority to assign cases, exception — judge hears case not properly assigned, effect. — 1. The presiding judge of each circuit which is provided by Subsection 3 of Section 15 of Article V of the Constitution shall be selected for a two-year term. The circuit and associate circuit judges in each circuit shall select by secret ballot a circuit judge from their number to serve as presiding judge. Selection and removal procedures, not inconsistent with the rules of the supreme court, may be provided by local court rule. If a presiding judge is disqualified from acting as a judicial officer pursuant to the Constitution, Article V, Section 24, the circuit judges and associate circuit judges of the circuit shall select a circuit judge as presiding judge. If the circuit does not have an eligible judge to be elected presiding judge, then the chief justice of the supreme court may designate an acting presiding judge until a successor is chosen or until the disability of the presiding judge terminates. 2. Subject to the authority of the supreme court and the chief justice under Article V of the Constitution, the presiding judge of the circuit shall have general administrative authority over all judicial personnel and court officials in the circuit, including the authority to assign any judicial or court personnel anywhere in the circuit, and shall have the authority to assign judges to hear such cases or classes of cases as the presiding judge may designate, and to assign judges to divisions. Such assignment authority shall include the authority to authorize particular associate circuit judges to hear and determine cases or classes of cases. By this subsection the presiding judge shall not, however, be authorized to make the following assignments: (1) Assignment of a municipal judge to hear any case other than to initially hear a municipal ordinance violation case of the municipality which makes provision for such municipal judge, except that the presiding judge of a circuit may assign a municipal judge of a municipality within the circuit to hear and determine municipal ordinance violations in a court of another municipality within the circuit if the municipality to which the judge is especially assigned by the presiding judge has made provision for the compensation of such judge; (2) Assignment of a judge to hear the trial of a felony case when he or she has previously conducted the preliminary hearing in that case, unless the defendant has signed a written waiver permitting the same judge to hear both the preliminary hearing and the trial, or unless the defendant has indicated on the record that the defendant is permitting the same judge to hear both the preliminary hearing and the trial; (3) Assignment of a case to a judge contrary to provisions of supreme court rules or local circuit court rules; and (4) Assignment of a case or class of cases not within the class of cases specified in section 472.020 to a circuit judge who is also judge of the probate division and who was on January 1, 1979, a probate judge shall only be with the consent of such judge of the probate division. 3. If any circuit judge or associate circuit judge shall proceed to hear and determine any case or class of cases which has not been assigned to him or her by the presiding judge pursuant to subsection 1 or 2 of this section, or to which he or she had not been transferred by the chief justice of the supreme court, or in the event the purported assignment to him or her shall be determined to be defective or deficient in any manner, any order or judgment he or she may have entered may be set aside, as otherwise provided by rule or by law, and the judge may be subject to discipline under Article V, Section 24 of the Missouri Constitution, but he or she shall not be deemed to have acted other than as a judicial officer because of any such absence, defect or deficiency of assignment under this section, or transfer by the chief justice. (L. 1978 H.B. 1634, A.L. 1987 H.B. 222, A.L. 1989 S.B. 127, et al., A.L. 1993 S.B. 88, A.L. 2014 S.B. 621) (1987) There is no requirement that an order of assignment made by a presiding judge of a circuit court pursuant to this section be filed in order for the assignment to be effective and default judgement entered before order of assignment was filed is not a reason to set aside such judgement. Jones v. Chrysler Corp., 731 S.W.2d 422 (Mo. App.S.D.).

Mo. Rev. Stat. § 478.245 Circuit courts may adopt local court rules - procedure - restrictions - ...

478.245. Circuit courts may adopt local court rules — procedure — restrictions — role of associate circuit judges. — 1. Subject to the provisions of Article V of the Constitution and authority exercised under such provisions, the circuit judges of the circuit may adopt local court rules which provide: (1) Cases or classes of cases that may or shall be assigned to particular divisions of the circuit court; (2) Filing (including the place of filing) and assignment systems for the circuit court of each county which may include: (a) centralized filing procedures for cases which are heard by circuit judges; (b) centralized assignment procedures or individualized docketing procedures for cases or classes of cases which are heard by circuit judges; and (c) filing and assignment procedures for cases which are heard by municipal judges. 2. Notwithstanding the provisions of subsection 1 of this section, no such local circuit court rule: (1) Shall provide for assignments which a presiding judge is prohibited from making by subdivisions (1), (2) and (4) of subsection 2 of section 478.240 or which are contrary to provisions of supreme court rules; (2) Shall provide for the maintenance of the permanent case records and judgments of the circuit court other than with the circuit clerk, except records with respect to probate cases, misdemeanor and municipal ordinance violation cases, records in felony cases before the filing of an information, and records in cases within the categories of cases specified in subdivisions (1), (2) and (3) of subsection 1 of section 517.011 ; and (3) Shall provide for the filing of cases or the maintenance of the permanent records in cases which are heard by municipal judges outside of the municipality providing the municipal judge, except in those situations where there is a trial de novo or the municipality consents to such filing or maintenance of records. 3. Local circuit court rules shall be adopted by a majority of the circuit judges of the circuit. A copy of each circuit court rule certified by the presiding judge of the circuit shall be filed with the circuit clerk and the clerk of the supreme court, and shall not become effective until so filed. Each local circuit court rule adopted prior to January 2, 1979, shall cease to be effective sixty days after that date if a copy thereof certified by the presiding judge of the circuit is not filed with the clerk of the supreme court during that period of time. 4. Subject to the provisions of Article V of the Constitution and authority exercised under such provisions, a majority of circuit and associate circuit judges of the circuit by order may provide for: (1) centralized filing or divisional filing of cases or classes of cases which are heard by associate circuit judges; and (2) centralized assignment procedures or individualized docketing procedures of cases or classes of cases which are heard by associate circuit judges. A copy of each such order certified by the presiding judge of the circuit shall be filed with the circuit clerk and the clerk of the supreme court, and shall not become effective until so filed. (L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al., A.L. 1989 S.B. 127, et al.)

Mo. Rev. Stat. § 478.248 Availability of a judge for bail purposes, when, local court rules to ensure.

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. (L. 1982 S.B. 497 § 3)

Mo. Rev. Stat. § 478.250 Procedure for filing cases, docketing, assignment, hearing.

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 . (L. 1978 H.B. 1634, A.L. 1989 S.B. 127, et al.) *The number "4" does not appear in original rolls.

Mo. Rev. Stat. § 478.255 Disqualification of judge, reassignment procedure - applicability to ...

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. (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)

Mo. Rev. Stat. § 478.260 Probate division of circuit court established, jurisdiction.

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

Mo. Rev. Stat. § 478.265 Commissioner of the probate division of circuit court, appointment, ...

*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. (L. 1978 H.B. 1634) Effective 1-02-79 *Formerly 481.115.

Mo. Rev. Stat. § 478.266 Probate division, commissioner authorized, certain counties, compensation, ...

478.266. Probate division, commissioner authorized, certain counties, compensation, commissioner's orders, rejection or confirmation — deputy commissioner, certain counties and cities, appointment, term — powers and duties. — 1. On and after January 2, 1979, each county of the first class having a charter form of government and containing all or part of a city having a population of at least four hundred fifty thousand or more a majority of the circuit and associate circuit judges, meeting 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 of the commissioner shall be the same as that of a circuit 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 for matters within the jurisdiction of the judge of the probate division. A 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. 2. The judge of the probate division of the circuit court of each county of the first class having a charter form of government and containing a population of at least four hundred fifty thousand inhabitants and in any city not within a county and, after January 1, 1991, in each county of the first class having a charter form of government and not containing all or part of a city having a population of at least four hundred fifty thousand or more may appoint a person to be known as deputy commissioner of the probate division of the circuit court, who shall possess the same qualifications and take and subscribe a like oath as such a circuit judge. The deputy commissioner shall be appointed for a term of four years. The compensation of the deputy commissioner shall be the same as that of an associate circuit judge, payable in the same manner and from the same source as the compensation of an 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 the clerk of the probate division and the judge; but a judge shall by order of record reject or confirm all orders, judgments, and decrees of the deputy 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. In any city not within a county, any deputy commissioner of the probate court may be temporarily assigned by the presiding judge of the circuit court to serve as a family court commissioner. (L. 1978 H.B. 1634, A.L. 1990 S.B. 596, A.L. 2004 S.B. 1211)

Mo. Rev. Stat. § 478.267 Probate division of circuit court, commissioner authorized, compensation, ...

*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. (L. 1978 H.B. 1634, A.L. 1991 S.B. 34) *Formerly 481.117.

Mo. Rev. Stat. § 478.268 Probate division commissioner authorized, thirty-first judicial circuit, ...

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. (L. 1996 S.B. 869, A.L. 1997 H.B. 59, A.L. 1999 S.B. 1, et al.)

Mo. Rev. Stat. § 478.270 Judge or clerk not to prepare wills or settlements - letters revoked, when.

*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. (L. 1978 H.B. 1634) Effective 1-02-79 *Formerly 481.130.

Mo. Rev. Stat. § 478.320 Associate circuit judges, authorized number - population determination - ...

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. (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

Mo. Rev. Stat. § 478.330 Additional circuit judges authorized, when.

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 an initial appropriation made for that purpose. The clerk of the supreme court shall notify the Missouri revisor of statutes of any new circuit judgeships authorized under this section, and the Missouri revisor of statutes shall publish a footnote to this section listing the authorized judgeships and corresponding judicial circuits. 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 or except as otherwise provided by law, a circuit judge authorized under subsection 1 of this section shall be elected at the next general election after the authorization, and every six years thereafter. Such judicial position shall not be considered vacant or filled by appointment until January first next following the authorization. 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 . (L. 2016 S.B. 578, A.L. 2025 S.B. 218) Revisor's note: Pursuant to this section, in 2025 a new circuit judge position was authorized in the 25th judicial circuit and funded in H.B. 12, 2025.

Mo. Rev. Stat. § 478.370 Divisions of Circuit No. 5, number - when judges elected.

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. (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

Mo. Rev. Stat. § 478.376 Circuit No. 6, number of judges.

478.376. Circuit No. 6, number of judges. — There shall be three circuit judges in the sixth judicial circuit. (L. 2025 S.B. 218)

Mo. Rev. Stat. § 478.385 Circuit No. 7, number of judges.

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. (L. 1958 2d Ex. Sess. p. 165 § 1, A.L. 1965 p. 642, A.L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.387 Circuit No. 22, number of judges.

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. (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

Mo. Rev. Stat. § 478.400 General term - business, how distributed and expedited.

478.400. General term — business, how distributed and expedited. — Said court may classify, arrange, distribute and assign the business thereof, and the causes instituted therein, among the several judges thereof, in such manner and at such time as the majority of such judges may from time to time prescribe by rules or orders; and each of said judges shall, at special term, attend to such business as may, under such rules or orders, be assigned to him. And said court in general term, may, by general rules, further provide for the hearing of certain motions, demurrers and applications for relief, or extraordinary remedies, by the presiding judge, or any other judge of said court, and for the assignment for trial, the reassignment and transfer of causes from one division to another of said court by the sole action of either the presiding judge, or other judge of said court, designated for such purpose by said general term. (RSMo 1939 § 2219) Prior revisions: 1929 § 2117; 1919 § 2620; 1909 § 4153

Mo. Rev. Stat. § 478.422 Friend of court in child support matters, appointment, compensation (St. ...

478.422. Friend of court in child support matters, appointment, compensation (St. Louis County and St. Louis City). — 1. The circuit judges of the circuit courts of the city of St. Louis and St. Louis County may appoint at least one "friend of the court" who shall be an attorney licensed to practice law in this state whose duty it shall be to prosecute any necessary civil action to enforce the payment of all delinquent payments duly ordered and decreed by the court for the support, maintenance, and education of a dependent minor child. The friend of the court shall be a resident of the circuit, and each circuit judge may, in his discretion, appoint more than one friend of the court if circumstances warrant such appointments. 2. The friend of the court shall, when appointed, upon his own information or upon the filing of a written complaint by some adult resident of the county wherein the dependent minor child is located, act as next friend to the child, without further appointment, for the purpose of collecting such delinquent payments, and may begin or continue any action to collect the delinquent payments. If the friend of the court finds that he is unable to collect the payments with a civil action, he shall notify the court, in writing, of his inability to satisfy the order or decree for payment, and shall send a copy of such notification to the prosecuting attorney of the county wherein the child is located. 3. As compensation for his services the friend of the court shall be allowed a fee in each case of not to exceed fifty dollars which shall be taxed as costs. 4. Such delinquent payments as may be collected hereunder shall be made payable to "friend of the court". The friend of the court, after first deducting his fee as hereinabove provided in subsection 3, shall disburse the collected delinquent payments to the person entitled to receive them in accordance with the terms of the decree for which enforcement of payment is sought and he shall report said collection and disbursement to the court. 5. Upon the appointment of a friend of the court as required by this section, each circuit judge shall notify all prosecuting attorneys and circuit clerks within his circuit of such appointment, and shall give them the name and address of each such friend of the court. (L. 1969 p. 556 §§ 1 to 5, A.L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.428 Presiding judge and circuit clerk St. Louis City to meet with mayor and ...

478.428. Presiding judge and circuit clerk St. Louis City to meet with mayor and budget director to discuss court's estimate of expenditures for year — estimate to be filed when. — 1. The presiding judge of each circuit court in a city not within a county, or the presiding judge's designee, shall, not later than the first day of February each year, meet with the mayor of such city, or the mayor's designee, and with the budget director of such city, or the budget director's designee, and confer and discuss with the mayor and budget director, or their respective designees, the circuit court's estimates of its requirements for expenditures and its estimates of its revenues for the next budget year. 2. The circuit clerk of each circuit court in a city not within a county, or the circuit clerk's designee, shall, not later than the first day of February each year, meet with the mayor of such city, or the mayor's designee, and with the budget director of such city, or the budget director's designee, and confer and discuss with the mayor and budget director, or their respective designees, the circuit clerk's estimates of the circuit clerk's requirements for expenditures and its estimates of its revenues for the next budget year. 3. Not later than the first day of March of each year, and after the presiding judge and circuit clerk have met, conferred and discussed the estimates with the mayor and budget director, as provided in subsections 1 and 2 of this section, the estimates of the circuit court and the circuit clerk shall be transmitted to the city not within a county in the same manner as otherwise provided by law. 4. In all respects other than as provided in subsections 1 to 3 of this section, the budgets of the circuit court and the circuit clerk in a city not within a county shall follow the same course and be subject to the same rights, obligations and processes as otherwise provided by law. (L. 1995 H.B. 274 & 268 § 1 merged with S.B. 352 § 1)

Mo. Rev. Stat. § 478.434 Fines, penalties and forfeitures, to be paid into city treasury, reports.

*478.434. Fines, penalties and forfeitures, to be paid into city treasury, reports. — The circuit court of the city of St. Louis shall have power and is hereby required to see that all officers in the city of St. Louis, charged with the collection of fines, penalties and forfeitures, for misdemeanors under any law of this state, pay the same into the city treasury as required by law, and for that purpose said court shall have power to cite and compel every such officer, at least once in every three months, and oftener if need be, to make a written report, under oath, of all such fines, penalties and forfeitures collected by him; and if any such officer shall fail to make such report when cited, or to pay over the amount collected by him as required by law, then said court may compel him thereto, by attachment of his body. (L. 1978 H.B. 1634) Effective 1-02-79 *Formerly 479.300.

Mo. Rev. Stat. § 478.435 Register to furnish names of collectors to court.

*478.435. Register to furnish names of collectors to court. — The register of St. Louis City shall, from time to time, as changes may occur, furnish to said court the names of all the officers contemplated by section 478.434 . (L. 1978 H.B. 1634) Effective 1-02-79 *Formerly 479.310.

Mo. Rev. Stat. § 478.437 Circuit No. 21, number of judges.

478.437. Circuit No. 21, number of judges. — 1. Beginning in fiscal year 2015, there shall be twenty circuit judges in the twenty-first judicial circuit. These judges shall sit in twenty divisions, and each of the judges shall separately try causes, exercise the powers and perform all the duties imposed upon circuit judges. 2. Beginning in fiscal year 2015, there shall be one additional associate circuit judge position in the twenty-first judicial circuit. This associate circuit judgeship shall not be included in the statutory formula for authorizing additional judgeships per county under section 478.320 . (RSMo 1939 §§ 2309, 2310, 2318, A. 1949 S.B. 1140, A.L. 1953 p. 398, A.L. 1958 Ex. Sess. p. 166, A.L. 1959 S.B. 96, A.L. 1965 p. 639, A.L. 1971 S.B. 89, A.L. 1975 S.B. 72, A.L. 1978 H.B. 1634, S.B. 632, A.L. 2014 H.B. 1231 merged with S.B. 621) Prior revision: 1929 §§ 14611, 14612, 14620 Effective 7-08-14

Mo. Rev. Stat. § 478.450 To make rules for numbering, assignment and transfer of cases.

478.450. To make rules for numbering, assignment and transfer of cases. — The judges of that circuit court, or a majority of them, are hereby empowered to frame and enter of record in the court rules for the numbering or classification of all the cases now pending or hereafter brought therein for the proper distribution of cases for trial and disposition among the divisions of the court and for the transfer of cases to and from each division, and may designate the division or divisions of the court to which classes of cases may be assigned for trial or disposition, which rules may in like manner be changed from time to time as may be found necessary or expeditious. Such judges, or a majority of them, may in like manner from time to time make such rules for the court as may be agreeable to the usage and principles of law. (RSMo 1939 § 2321, A. 1949 S.B. 1140, A.L. 1953 p. 398, A.L. 1958 2d Ex. Sess. p. 166, Repealed L. 1978 H.B. 1634, A.L. 1978 S.B. 632) Prior revision: 1929 § 4623 Effective 1-01-79 (S.B. 632); 1-02-79 (H.B. 1634)

Mo. Rev. Stat. § 478.461 Division into eastern and western portions - jurisdiction - venue - actions ...

478.461. Division into eastern and western portions — jurisdiction — venue — actions against county, where filed — transfer of cases, when — cases commenced prior to division, effect — rules authorized. — 1. For the purposes of this section, Jackson County is hereby divided into an "eastern" portion and a "western" portion, as hereinafter described. (1) The "western" portion of Jackson County is described as follows: Beginning in the middle of the main channel of the Missouri River, at a point where the easterly city limits of the city of Kansas City intersects the same; thence southerly along said easterly city limits of the city of Kansas City and following the meanderings of same to the intersection of said easterly city limits with the center line of Blue Ridge Boulevard (just north of U.S. Highway No. 24); thence southerly along the center line of Blue Ridge Boulevard to its intersection with the center line of Blue Ridge Cut-Off (at about 33rd Street); thence southerly along the center line of Blue Ridge Cut-Off to its intersection with the center line of Blue Ridge Boulevard Extension (at about 66th Street); thence southerly along the center line of Blue Ridge Boulevard Extension to its intersection with the center line of 87th Street; thence easterly along the center line of 87th Street to its intersection with the center line of Raytown Road; thence southerly along the center line of Raytown Road to its intersection with the center line of Outer Belt Road; thence easterly along the center line of Outer Belt Road to its intersection with the center line of Peterson Road; thence southerly along the center line of Peterson Road to its intersection with the boundary between Jackson County and Cass County; thence westerly along said boundary between Jackson County and Cass County to its intersection with the western boundary line of the state of Missouri; thence northerly along the western boundary line of the state of Missouri to its intersection with the middle of the main channel of the Missouri River; thence down said river, in the middle of the main channel thereof, to the place of beginning. (2) The "eastern" portion of Jackson County is described as the remainder of Jackson County other than the aforesaid "western" portion. The boundaries as herein established are permanently fixed geographically as of January 2, 1986, and are not to be considered altered by reason of change of name or location of any of the roads or city limits to which reference is made herein. 2. In determining territorial jurisdiction or venue of actions or court proceedings within the sixteenth judicial circuit, the following provisions shall apply: (1) When, pursuant to law, territorial jurisdiction or venue of any action or court proceeding, civil or criminal, is in the sixteenth judicial circuit, then the territorial jurisdiction or venue shall be in either the western portion or the eastern portion of the circuit; (2) When, pursuant to law, territorial jurisdiction or venue of any action or court proceeding, civil or criminal, except those proceedings brought pursuant to chapter 210 or 211 , is in that particular county, then the territorial jurisdiction or venue shall be in that portion of the circuit, or either, in which the factor, or factors, determinative of territorial jurisdiction or venue in the county, exist, arose, occurred, are committed, were taken or failed to be taken; (3) Actions against the county may be commenced in either of the two portions of the circuit; (4) Notwithstanding the foregoing provisions of this section, the presiding judge of the sixteenth judicial circuit may provide by order for the transfer of a case pending before a circuit or associate circuit judge of a division at Independence to a division at Kansas City or from a division at Kansas City to a division at Independence, by agreement of all parties to an action or when the presiding judge determines that such transfer is necessary because one or more divisions in either portion of Jackson County have a disproportionate number of cases pending. 3. Any action or court proceeding commenced in the circuit court of judicial circuit number sixteen and which is not determined prior to January 2, 1986, shall continue in the division that it was in on January 2, 1986, unless change of venue is had or the judge is disqualified in the manner provided by law, or unless the action or proceeding is transferred pursuant to court rules. 4. This section shall become effective January 2, 1986, except that between the period of ninety days after adjournment of the second regular session of the eighty-second general assembly and January 2, 1986, courts in the sixteenth judicial circuit may adopt rules in accordance with the provisions of this act which shall be effective on or after January 2, 1986. (L. 1985 S.B. 256 §§ 1, 2, A) Effective 1-02-86

Mo. Rev. Stat. § 478.462 Circuit No. 16, filing in improper division of circuit, venue - transfer of ...

478.462. Circuit No. 16, filing in improper division of circuit, venue — transfer of cases, when. — The provisions of section 478.461 , section 506.110 , or any other law to the contrary notwithstanding, any action or court proceeding may be instituted in the sixteenth judicial circuit by filing the necessary papers and subsequent papers in the office of the court administrator in either Independence or Kansas City, and such filing shall not be subject to dismissal for improper venue or jurisdiction solely upon the grounds that the cause was filed in the improper portion of the circuit. The judge before whom the cause is pending shall, upon challenge of improper venue or of improper jurisdiction pursuant to section 478.461 , or both, transfer the cause to a division within the proper portion of the circuit and such transfer shall not affect the rights of any party to the cause. If no challenge to venue or jurisdiction alleging a filing in the wrong portion of the circuit is made, such allegation of improper venue or jurisdiction, or both, in the cause is waived and the court shall hear the cause without further consideration of venue or jurisdiction based on filing in the wrong portion of the circuit. (L. 1988 S.B. 522 § 1)

Mo. Rev. Stat. § 478.463 Circuit No. 16, number of judges, divisions - where divisions to sit.

478.463. Circuit No. 16, number of judges, divisions — where divisions to sit. — There shall be nineteen circuit judges in the sixteenth judicial circuit consisting of the county of Jackson. These judges shall sit in nineteen divisions. Divisions one, three, four, six, seven, eight, nine, ten, eleven, thirteen, fourteen, fifteen, and eighteen shall sit at the city of Kansas City and divisions two, five, twelve, sixteen, and seventeen shall sit at the city of Independence. Division nineteen shall sit at both the city of Kansas City and the city of Independence. Notwithstanding the foregoing provisions, the judge of the probate division shall sit at both the city of Kansas City and the city of Independence. (1949 S.B. 1140, A.L. 1953 p. 394, A.L. 1959 S.B. 96, A.L. 1965 p. 643, A.L. 1969 p. 557, A.L. 1977 S.B. 252, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 869, A.L. 2017 H.B. 50)

Mo. Rev. Stat. § 478.464 Associate circuit divisions numbered - divisions to sit, where - (Jackson ...

478.464. Associate circuit divisions numbered — divisions to sit, where — (Jackson County). — In the sixteenth judicial circuit, there shall be ten associate circuit judges. These judges shall sit in ten divisions, which shall be numbered beginning with the number 25. Divisions 25, 26, 27, 29, and 31 shall sit in Kansas City and divisions 28, 30, 32, and 33 shall sit in Independence. Division 34 shall sit in the location determined by the court en banc. The tenth associate circuit judgeship shall not be included in the statutory formula for authorizing additional associate circuit judgeships per county under section 478.320 . (L. 1996 S.B. 869 § 478.321, A.L. 2014 H.B. 1231 merged with S.B. 621) Effective 7-08-14

Mo. Rev. Stat. § 478.465 Transfer of cases by local court rule, circuit court and probate division ...

478.465. Transfer of cases by local court rule, circuit court and probate division (Circuit No. 16). — By local circuit court rule, the sixteenth judicial circuit may provide for the transfer of a case pending before a circuit or associate circuit judge of a division at Independence and of a division at Kansas City for good cause shown upon order of such judge or of the presiding judge from a division at Independence to a division at Kansas City, and from a division at Kansas City to a division at Independence. By local circuit court rule, the sixteenth judicial circuit may also provide for the transfer of cases between divisions presided over by associate circuit judges which sit at any location within the circuit. The judge of the probate division of the circuit court of Jackson County if he deems it advisable or in the interest of the party or parties to any proceeding or controversy therein may by his order entered of record remove and transfer the hearing of such proceeding or controversy and the case records from Independence to Kansas City or from Kansas City to Independence, and said cause, proceeding or controversy shall be proceeded with to final settlement or conclusion at the place to which it may be removed. (L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.466 Treatment court commissioner, appointment, qualifications, compensation, ...

478.466. Treatment court commissioner, appointment, qualifications, compensation, powers and duties — surcharge (Jackson County). — 1. In the sixteenth judicial circuit consisting of the county of Jackson, a majority of the court en banc may appoint one person, who shall possess the same qualifications as an associate circuit judge, to act as treatment court commissioner. The commissioner shall be appointed for a term of four years. The compensation of the commissioner shall be the same as that of an associate circuit judge and shall be paid out of the same source as the compensation of all other treatment court commissioners in the state. The retirement benefits of such commissioner shall be the same as those of an associate circuit judge, payable in the same manner and from the same source as those of an associate circuit judge. Subject to approval or rejection by a circuit judge, the commissioner shall have all the powers and duties of a circuit judge. A circuit judge shall by order of record reject or confirm any order, judgment and decree of the commissioner within the time the judge could set aside such order, judgment or decree had the same been made by him. 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 court administrator of the sixteenth judicial circuit shall charge and collect a surcharge of thirty dollars in all proceedings assigned to the treatment commissioner for disposition, provided that the surcharge shall not be charged in any proceeding when costs are waived or are to be paid by the state, county or municipality. Moneys obtained from such surcharge shall be collected and disbursed in the manner provided by sections 488.010 to 488.020 and payable to the treatment commissioner for operation of the treatment court. (L. 1996 S.B. 869 § C-7, A.L. 1997 S.B. 248, A.L. 2008 H.B. 1550, A.L. 2018 1st Ex. Sess. H.B. 2) Effective 12-18-18

Mo. Rev. Stat. § 478.467 Court may make rules for distribution of cases.

478.467. Court may make rules for distribution of cases. — The circuit judges of the sixteenth judicial circuit may make such rules as may be found necessary for the proper distribution of cases for trial and disposition among the several divisions of the court presided over by circuit or associate circuit judges and the transfer of cases to and from such divisions, including divisions at different locations. Such authority is in addition to the authority set forth in section 478.245 . (L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.469 Appeals from municipal judges, where heard.

478.469. Appeals from municipal judges, where heard. — 1. Cases reviewing decisions of officials or administrative bodies of Kansas City shall be heard at Kansas City, and cases reviewing decisions of officials or administrative bodies of Independence shall be heard at Independence. 2. Trials de novo from decisions of municipal judges of Kansas City may at the option of the appellant be heard in the circuit court of the county where the offense complained of was committed or in the circuit court of the sixteenth judicial circuit. 3. Trials de novo from decisions of municipal judges serving other municipalities within Jackson County and cases reviewing decisions of officials or administrative bodies of other municipalities or of other governmental bodies may be heard at either Kansas City or Independence. 4. The name of the court appealed to shall be set out in order granting the appeal. (L. 1978 H.B. 1634, A.L. 1984 H.B. 1142 & 894)

Mo. Rev. Stat. § 478.473 Letters where granted (Jackson County).

*478.473. Letters where granted (Jackson County). — 1. Letters testamentary or of administration on the estates of decedents and letters of guardianship of the person and letters of conservatorship of the estate of minors or disabled and incapacitated persons shall be granted by the probate division of the circuit court of Jackson County, or the division clerk thereof when not in session, at Independence or at Kansas City, as hereinafter provided, and all orders, settlements, trials and other proceedings had therein shall be had, done and kept of record in the office of the clerk where such letters are granted. For the purposes of this section, Jackson County is hereby divided into an "eastern" portion and a "western" portion, as hereinafter described. 2. (1) The "western" portion of Jackson County is described as follows: Beginning in the middle of the main channel of the Missouri River, at a point where the easterly city limits of the city of Kansas City intersects the same; thence southerly along said easterly city limits of the city of Kansas City and following the meanderings of same to the intersection of said easterly city limits with the center line of Blue Ridge Boulevard (just north of U.S. Highway No. 24); thence southerly along the center line of Blue Ridge Boulevard to its intersection with the center line of Blue Ridge Cut-Off (at about 33rd Street); thence southerly along the center line of Blue Ridge Cut-Off to its intersection with the center line of Blue Ridge Boulevard Extension (at about 66th Street); thence southerly along the center line of Blue Ridge Boulevard Extension to its intersection with the center line of 87th Street; thence easterly along the center line of 87th Street to its intersection with the center line of Raytown Road; thence southerly along the center line of Raytown Road to its intersection with the center line of Outer Belt Road; thence easterly along the center line of Outer Belt Road to its intersection with the center line of Peterson Road; thence southerly along the center line of Peterson Road to its intersection with the boundary between Jackson County and Cass County; thence westerly along said boundary between Jackson County and Cass County to its intersection with the western boundary line of the state of Missouri; thence northerly along the western boundary line of the state of Missouri to its intersection with the middle of the main channel of the Missouri River; thence down said river, in the middle of the main channel thereof, to the place of beginning. (2) The "eastern" portion of Jackson County is described as the remainder of Jackson County other than the aforesaid "western" portion. The boundaries as herein established are permanently fixed geographically as of January 2, 1979, and are not to be considered altered by reason of change of name or location of any of the roads or city limits to which reference is made herein. 3. If, at the time of the death of a decedent, or at the time of the filing of a petition for appointment of a guardian for a minor or an incompetent, such decedent or minor or incompetent: (1) Resides in the "eastern" portion, then such letters shall be granted at Independence; (2) Resides in the "western" portion, then such letters shall be granted at Kansas City; (3) Does not reside in Jackson County but is possessed of lands lying in the "eastern" portion (but none in the "western" portion), then such letters shall be granted at Independence; (4) Does not reside in Jackson County but is possessed of lands lying in the "western" portion (but none in the "eastern" portion), then such letters shall be granted at Kansas City. In all other cases, such letters may be granted at either Independence or Kansas City. 4. The probate division of the circuit court of Jackson County shall keep two offices for the transaction of its business, one at Independence and the other at Kansas City. The records relating to cases in the "eastern" portion of Jackson County shall be maintained at Independence and the records relating to cases in the "western" portion of Jackson County shall be maintained at Kansas City, unless a case be transferred. (L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45) *Formerly 481.290.

Mo. Rev. Stat. § 478.475 Sales of real estate at courthouse door.

478.475. Sales of real estate at courthouse door. — Sales of real estate made by order of the probate division of the circuit court of Jackson County at its sessions in Kansas City shall be made at the courthouse door in that city and at its sessions in Independence shall be made at the courthouse door in that city. (L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.483 Jurisdiction as to mechanic's liens.

478.483. Jurisdiction as to mechanic's liens. — All mechanic's liens upon real estate situate in Kaw township in Jackson County shall be filed in the office of the clerk of the circuit court at Kansas City, and suits for the enforcement thereof shall be brought in the circuit court at Kansas City. (RSMo 1939 § 15661, A. 1949 S.B. 1140) Prior revision: 1929 § 14810 CROSS REFERENCE: Liens on property filed with circuit clerk, when, 429.080 (1958) Where subdivider had previously filed suit in circuit court at Kansas City against landscaper for breach of contract for the sodding of lots outside of Kaw Township, landscaper's suit at Independence to enforce lien on same property would be dismissed as action must be filed as counterclaim to subdivider's suit. Rape v. Mid-Continent Bldg. Co. (A.), 318 S.W.2d 519. (1971) Section held constitutional. Stowell Electric Company v. Blue Valley Foundry Company (Mo.), 467 S.W.2d 955.

Mo. Rev. Stat. § 478.513 Circuit No. 31, number of judges, divisions - when judges elected.

478.513. Circuit No. 31, number of judges, divisions — when judges elected. — 1. There shall be five circuit judges in the thirty-first judicial circuit. These judges shall sit in divisions numbered one, two, three, four and five. 2. The circuit judge in division three shall be elected in 1980. The circuit judges in divisions one, four and five shall be elected in 1982. The circuit judge in division two shall be elected in 1984. 3. Beginning in fiscal year 2015, there shall be one additional associate circuit judge in the thirty-first judicial circuit, and there shall continue to be the associate judge position authorized in fiscal year 2014. Neither associate circuit judgeship shall be included in the statutory formula for authorizing additional associate circuit judgeships per county under section 478.320 . (L. 1909 p. 413 § 1, A.L. 1959 S.B. 96, A.L. 1965 p. 644, A.L. 1973 H.B. 69, A.L. 1978 H.B. 1634, A.L. 2014 H.B. 1231 merged with S.B. 621) Effective 7-08-14

Mo. Rev. Stat. § 478.527 Circuit No. 29, number of judges, divisions - when judges elected.

478.527. Circuit No. 29, number of judges, divisions — when judges elected. — 1. There shall be three circuit judges in the twenty-ninth judicial circuit consisting of the county of Jasper. These judges shall sit in divisions numbered one, two and three. 2. The circuit judge of division two shall be elected in 1980. The circuit judges of divisions one and three shall be elected in 1982. (L. 1901 p. 120 § 1, A.L. 1959 S.B. 96, A.L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.528 Family court commissioner position.

478.528. Family court commissioner position. — Beginning January 1, 2007, there is hereby created a state-funded family court commissioner position in the twenty-ninth judicial circuit. (L. 2005 S.B. 420 & 344 § 3)

Mo. Rev. Stat. § 478.530 Court may make rules for distribution, transfer of cases.

*478.530. Court may make rules for distribution, transfer of cases. — The circuit judges of circuit number twenty-nine may make such rules as may be found necessary for the proper distribution of cases for trial and disposition among the several divisions of the court presided over by circuit or associate circuit judges and the transfer of cases to and from such divisions, including divisions at Carthage and at Joplin. Such authority is in addition to the authority set forth in section 478.245 . (L. 1978 H.B. 1634) Effective 1-02-79 *Formerly 478.537.

Mo. Rev. Stat. § 478.550 Circuit No. 23, number of judges, divisions - when judges elected - family ...

478.550. Circuit No. 23, number of judges, divisions — when judges elected — family court commissioner and treatment court commissioner to become associate circuit judge positions, when. — 1. There shall be four circuit judges in the twenty-third judicial circuit consisting of the county of Jefferson. These judges shall sit in divisions numbered one, two, three and four. Beginning on January 1, 2007, there shall be six circuit judges in the twenty-third judicial district and these judges shall sit in divisions numbered one, two, three, four, five, and six. The division eleven associate circuit judge position and the division twelve associate circuit judge shall become circuit judge positions beginning January 1, 2007. The division eleven associate circuit judge shall be numbered as division five and the division twelve associate circuit judge shall be numbered as division six. 2. The circuit judge in division three shall be elected in 1980. The circuit judges in divisions one and four shall be elected in 1982. The circuit judge in division two shall be elected in 1984. The circuit judges in divisions five and six shall be elected for a six-year term in 2006. 3. Beginning January 1, 2007, the family court commissioner position in the twenty-third judicial district appointed under section 487.020 shall become an associate circuit judge position in all respects and shall be designated as division eleven. This position may retain the duties and responsibilities with regard to the family court. The associate circuit judge in division eleven shall be elected in 2006 for a full four-year term. This associate circuit judgeship shall not be included in the statutory formula for authorizing additional associate circuit judgeships per county under section 478.320 . 4. Beginning January 1, 2007, the treatment court commissioner position in the twenty-third judicial district appointed under section 478.003 shall become an associate circuit judge position in all respects and shall be designated as division twelve. This position may retain the duties and responsibilities with regard to the treatment court. The associate circuit judge in division twelve shall be elected in 2006 for a full four-year term. This associate circuit judgeship shall not be included in the statutory formula for authorizing additional associate circuit judgeships per county under section 478.320 . (L. 1965 p. 645 §§ 1, 2, A.L. 1974 H.B. 1122, A.L. 1976 H.B. 1581, A.L. 1978 H.B. 1634, A.L. 2005 S.B. 420 & 344, A.L. 2018 1st Ex. Sess. H.B. 2) Effective 12-18-18

Mo. Rev. Stat. § 478.570 Circuit No. 17, number of judges, divisions - when judges elected.

478.570. Circuit No. 17, number of judges, divisions — when judges elected. — 1. There shall be two circuit judges in the seventeenth judicial circuit consisting of the counties of Cass and Johnson. These judges shall sit in divisions numbered one and two. 2. The circuit judge in division two shall be elected in 1980. The circuit judge in division one shall be elected in 1982. 3. Beginning on January 1, 2006 * , there shall be one additional associate circuit judge position in Cass County than is provided under section 478.320 . (L. 1967 p. 652 § 1, A.L. 1978 H.B. 1634, A.L. 2005 H.B. 58 merged with S.B. 420 & 344) *Year "2007" appears in original rolls of S.B. 420 & 344, 2005.

Mo. Rev. Stat. § 478.577 Circuit No. 46, number of judges - election, when.

478.577. Circuit No. 46, number of judges — election, when. — Beginning January 1, 2017, there shall be one circuit judge in the forty-sixth judicial circuit who shall be elected in 2016 for a two-year term and thereafter in 2018 for a full six-year term. (L. 2016 S.B. 585) Effective 2-18-16

Mo. Rev. Stat. § 478.600 Circuit No. 11, number of judges, divisions - when judges elected - ...

478.600. Circuit No. 11, number of judges, divisions — when judges elected — treatment court commissioner to become associate circuit judge position. — 1. There shall be four circuit judges in the eleventh judicial circuit. These judges shall sit in divisions numbered one, two, three and four. Beginning on January 1, 2007, there shall be six circuit judges in the eleventh judicial circuit and these judges shall sit in divisions numbered one, two, three, four, five, and seven. The division five associate circuit judge position and the division seven associate circuit judge position shall become circuit judge positions beginning January 1, 2007, and shall be numbered as divisions five and seven. 2. The circuit judge in division two shall be elected in 1980. The circuit judge in division four shall be elected in 1982. The circuit judge in division one shall be elected in 1984. The circuit judge in division three shall be elected in 1992. The circuit judges in divisions five and seven shall be elected for a six-year term in 2006. 3. Beginning January 1, 2007, the family court commissioner positions in the eleventh judicial circuit appointed under section 487.020 shall become associate circuit judge positions in all respects and shall be designated as divisions nine and ten respectively. These positions may retain the duties and responsibilities with regard to the family court. The associate circuit judges in divisions nine and ten shall be elected in 2006 for full four-year terms. 4. Beginning on January 1, 2007, the treatment court commissioner position in the eleventh judicial circuit appointed under section 478.003 shall become an associate circuit judge position in all respects. Such associate circuit judge shall be elected in 2006 for a full four-year term. This associate circuit judgeship shall not be included in the statutory formula for authorizing additional associate circuit judgeships per county under section 478.320 . 5. Beginning in fiscal year 2015, there shall be one additional associate circuit judge position in the eleventh judicial circuit. The associate circuit judge shall be elected in 2016. This associate circuit judgeship shall not be included in the statutory formula for authorizing additional circuit judgeships per county under section 478.320 . Beginning in fiscal year 2019, there shall be one additional associate circuit judge position in the eleventh judicial circuit. The associate circuit judge shall be elected in 2020. This associate circuit judgeship shall not be included in the statutory formula for authorizing additional circuit judgeships per county under section 478.320 . (L. 1967 p. 653 § 1, A.L. 1974 H.B. 1091, A.L. 1978 H.B. 1634, A.L. 1991 S.B. 165, A.L. 2005 H.B. 58 merged with S.B. 420 & 344, A.L. 2014 H.B. 1231 merged with S.B. 621, A.L. 2018 S.B. 871, A.L. 2018 1st Ex. Sess. H.B. 2, A.L. 2022 S.B. 775, et al.)

Mo. Rev. Stat. § 478.610 Circuit No. 13, number of judges, divisions - when judges elected - ...

478.610. Circuit No. 13, number of judges, divisions — when judges elected — additional associate circuit judge for Boone County, when. — 1. There shall be five circuit judges in the thirteenth judicial circuit and these judges shall sit in divisions numbered one, two, three, four, and thirteen. 2. The circuit judge in division two shall be elected in 1980. The circuit judges in divisions one and three shall be elected in 1982. The circuit judge in division four shall be elected in 2008, and every six years thereafter. The circuit judge in division thirteen shall be elected in 2030, and every six years thereafter. 3. Beginning August 28, 2001, there shall be one more additional associate circuit judge position in Boone County than is provided pursuant to section 478.320 . (L. 1969 p. 557 § 1, A.L. 1978 H.B. 1634, A.L. 2001 S.B. 267, A.L. 2003 S.B. 5, A.L. 2014 H.B. 1231 merged with S.B. 621, A.L. 2025 S.B. 218)

Mo. Rev. Stat. § 478.620 Records of former Sturgeon court of common pleas, transfer and keeping of.

478.620. Records of former Sturgeon court of common pleas, transfer and keeping of. — All records, filings, materials, and papers of every kind and nature belonging to the former court of common pleas of Sturgeon, Boone county, Missouri, shall be transferred to the circuit court of the thirteenth judicial circuit located in Columbia, Missouri. The circuit clerk of Boone County shall receive, keep, and preserve all those records, filings, materials, and papers along with the records of his circuit court, and these records shall become a permanent part of the records of the circuit court at Columbia. The circuit clerk is further authorized to issue certified copies of any of the records of the common pleas court of Sturgeon, Missouri, in the same manner as he issues certified copies of the circuit court, and all courts of this state shall recognize such certified copies as if made by a clerk of the original court. (L. 1969 p. 558 § 1)

Mo. Rev. Stat. § 478.625 Circuit No. 19, number of judges, divisions - when judges elected.

478.625. Circuit No. 19, number of judges, divisions — when judges elected. — 1. There shall be four circuit judges in the nineteenth judicial circuit. 2. One circuit judge shall be first elected in 1982. The second circuit judge shall be first elected in 1984. The third circuit judge shall be first elected in 2002. The fourth circuit judge shall be elected in 2030, and every six years thereafter. 3. Effective January 1, 2021, in compliance with section 478.320 , there shall be two associate circuit judges in Cole County. The second associate circuit judge shall be first elected in 2020. (L. 1971 S.B. 219 § 1, A.L. 1978 H.B. 1634, A.L. 1999 S.B. 1, et al., A.L. 2018 S.B. 793 merged with S.B. 871, A.L. 2025 S.B. 218)

Mo. Rev. Stat. § 478.630 Circuit No. 20, number of judges, divisions - when judges elected.

478.630. Circuit No. 20, number of judges, divisions — when judges elected. — 1. There shall be two circuit judges in the twentieth judicial circuit consisting of the counties of Franklin, Gasconade and Osage. These judges shall sit in divisions numbered one and two. 2. The circuit judge in division two shall be elected in 1980. The circuit judge in division one shall be elected in 1982. (L. 1974 H.B. 964 § 1, A.L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.690 Circuit No. 24, number of judges, divisions - when judges elected.

478.690. Circuit No. 24, number of judges, divisions — when judges elected. — 1. There shall be three circuit judges in the twenty-fourth judicial circuit. These judges shall sit in divisions numbered one, two, and three. 2. The circuit judges in divisions one and two shall be elected in 1982. The governor shall appoint a circuit judge for division three, and that circuit judge shall serve until January 1, 2031. A circuit judge for division three shall be elected in 2030, and every six years thereafter. (L. 1976 H.B. 1581 § 1, A.L. 1978 H.B. 1634, A.L. 1991 S.B. 165, A.L. 2025 S.B. 218)

Mo. Rev. Stat. § 478.700 Circuit No. 25, number of judges, divisions - when judges elected.

478.700. Circuit No. 25, number of judges, divisions — when judges elected. — 1. There shall be two circuit judges in the twenty-fifth judicial circuit consisting of the counties of Maries, Phelps, Pulaski and Texas. These judges shall sit in divisions numbered one and two. 2. The circuit judge in division two shall be elected in 1980. The circuit judge in division one shall be elected in 1982. (L. 1973 H.B. 69, A.L. 1978 H.B. 1634) Effective 1-02-79 Revisor's note: Pursuant to section 478.330, in 2025 a new circuit judge position was authorized in the 25th judicial circuit and funded in H.B. 12, 2025.

Mo. Rev. Stat. § 478.705 Circuit No. 26, number of judges, divisions - when judges elected.

478.705. Circuit No. 26, number of judges, divisions — when judges elected. — 1. There shall be three circuit judges in the twenty-sixth judicial circuit consisting of the counties of Camden, Laclede, Miller, Moniteau and Morgan. These judges shall sit in divisions numbered one, two, and three. 2. The circuit judge in division two shall be elected in 1980. The circuit judge in division one shall be elected in 1982. The governor shall appoint a judge for division three and notwithstanding the provisions of section 105.030 , that judge shall serve until January 1, 2021. A judge for division three shall be elected in 2020. (L. 1974 H.B. 1091, A.L. 1978 H.B. 1634, A.L. 2016 S.B. 578)

Mo. Rev. Stat. § 478.710 Circuit No. 32, number of judges, divisions - when judges elected.

478.710. Circuit No. 32, number of judges, divisions — when judges elected. — 1. There shall be three circuit judges in the thirty-second judicial circuit. These judges shall sit in three divisions numbered one, two, and three. 2. The circuit judge in division two shall be elected in 1982. The circuit judge in division one shall be elected in 1984. The governor shall appoint a circuit judge for division three and that circuit judge shall serve until January 1, 2029. A circuit judge for division three shall be elected in 2028. (L. 1975 S.B. 72 § 1, A.L. 1978 H.B. 1634, A.L. 1991 S.B. 165, A.L. 2025 S.B. 218)

Mo. Rev. Stat. § 478.711 Circuit court, where may be held - probate division, where offices may be ...

478.711. Circuit court, where may be held — probate division, where offices may be maintained. — 1. Within Cape Girardeau County the circuit court may hold court in the courthouses at Jackson and at Cape Girardeau, and while holding court at Jackson may be known as the "Circuit Court of Cape Girardeau County at Jackson" and while holding court at Cape Girardeau may be known as the "Circuit Court of Cape Girardeau County at Cape Girardeau". All matters which are handled by circuit judges or associate circuit judges of the circuit court of Cape Girardeau County may be handled at either of the locations. 2. The probate division of the circuit court of Cape Girardeau County may maintain an office at the courthouse in Jackson and an office at the courthouse in Cape Girardeau. (L. 1978 H.B. 1634, A.L. 2011 H.B. 340)

Mo. Rev. Stat. § 478.715 Circuit No. 42, number of judges, divisions - when judges elected.

478.715. Circuit No. 42, number of judges, divisions — when judges elected. — 1. There shall be two circuit judges in the forty-second judicial circuit consisting of the counties of Crawford, Dent, Iron, Reynolds and Wayne. These judges shall sit in divisions numbered one and two. 2. The circuit judge in division one shall be elected in 1982. The circuit judge in division two shall be elected in 1984. (L. 1975 S.B. 72 § 2, A.L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.716 Treatment court commissioner position.

478.716. Treatment court commissioner position. — Beginning January 1, 2007, there is hereby created a state-funded treatment court commissioner position in the forty-second judicial circuit. (L. 2005 S.B. 420 & 344 § 4, A.L. 2018 1st Ex. Sess. H.B. 2) Effective 12-18-18

Mo. Rev. Stat. § 478.720 Districts of Marion County circuit court - where court held - jurisdiction ...

478.720. Districts of Marion County circuit court — where court held — jurisdiction transfers. — 1. Within Marion County there shall be two geographical districts of the circuit courts one at the county seat in Palmyra which shall be known as "District Number 1" and the other in Hannibal which shall be known as "District Number 2". Said districts may also be known as the "Circuit Court of Marion County at Palmyra" and the "Circuit Court at Marion County at Hannibal", respectively. Both the circuit and associate circuit judges shall regularly hold court at both Palmyra and Hannibal. 2. District number 2 of the Marion County circuit court shall have within the limits of Mason and Miller townships of the county of Marion exclusive original jurisdiction in all civil and criminal actions except as may otherwise herein be specifically provided. Municipal ordinance violations of the city of Hannibal shall be prosecuted originally and on application for trial de novo within district number 2, and any municipal judge for which the city of Hannibal determines to make provisions shall be a municipal judge of district number 2. 3. District number 1 of the Marion County circuit court shall have within all of Marion County except in Mason and Miller townships exclusive original jurisdiction in all civil and criminal actions except as may otherwise herein be specifically provided. 4. No person residing within the limits of Marion County, and beyond the limits of Mason and Miller townships, shall be sued in district number 2 of the Marion County circuit court, nor shall any person residing within the limits of said townships be sued in district number 1 of the circuit court for the county of Marion, except in cases where there are more defendants than one in the county of Marion, some of whom reside within and some of whom reside without the limits of Mason and Miller townships; in which event suit may be brought in either district of the circuit court of Marion County, except as herein provided. 5. When an offense shall be committed on the boundaries of the said Mason or Miller townships, or within five hundred yards of said boundaries, or where the person committing the offense shall be on one side and the injury be done on the other side of said boundaries, an examination thereof may be made and an indictment may be found and a trial and conviction thereon had either in the said district number 2 or in district number 1 of the circuit court of Marion County or the circuit court of Ralls County. 6. If a cause be filed in district number 1 of the circuit court of Marion County when it should have been filed in district number 2 of said court, or if a cause be filed in district number 2 of said court when it should have been filed in district number 1 of said court, upon motion of any party, the cause shall be transferred to the proper district and proceedings thereafter had in that district as if the case was originally filed in that district. The matter of the filing of the action in the improper district shall be deemed waived in the following situations: (1) In a civil action where procedures applicable before circuit judges apply, such matter must be raised by motion or responsive pleading in the same manner and within the same time as those defenses specified in supreme court rule 55.27(g)(1) or it will be deemed waived; (2) In a civil action where procedures under chapter 517 or small claim procedures are applicable, such matter must be raised prior to the commencement of the trial or it will be deemed waived; (3) In a felony case, such matter must be raised within the time permitted to file motions directed to the information or it will be deemed waived; and (4) In a misdemeanor case or municipal ordinance violation case, such matter must be raised prior to the commencement of the trial or it will be deemed waived. When a cause is filed in an improper district, all proceedings had in the cause until a proper motion or application is filed raising the matter of filing in the improper district shall be considered lawful and proper, and unless such a timely motion or application be made, the matter of filing in the improper district shall be of no effect. (L. 1978 H.B. 1634) Effective 1-02-79

Mo. Rev. Stat. § 478.730 Circuit No. 44, judge appointed, elected when.

478.730. Circuit No. 44, judge appointed, elected when. — There shall be one circuit judge in the forty-fourth judicial circuit consisting of the counties of Douglas, Ozark, and Wright. The first judge to sit in this circuit shall be appointed by the governor on January 1, 1982, and shall serve until his successor is duly elected in 1982 and takes office on the first Monday in January of 1983. (L. 1981 S.B. 24) Effective 1-01-82

Mo. Rev. Stat. § 478.740 Circuit No. 38, number of judges - number of divisions - election dates.

478.740. Circuit No. 38, number of judges — number of divisions — election dates. — 1. There shall be two circuit judges in the thirty-eighth judicial circuit. These judges shall sit in divisions numbered one and two. 2. The circuit judge in division two shall be elected in 2016, and such judicial position shall not be considered vacant or filled until January 1, 2017. The judge in division one shall be elected in 2018. (L. 2014 H.B. 1231 merged with S.B. 621) Effective 7-08-14

Mo. Rev. Stat. § 478.750 Circuit No. 43, number of judges - divisions - election.

478.750. Circuit No. 43, number of judges — divisions — election. — 1. As of January 1, 1983, there shall be two circuit judges in the forty-third judicial circuit consisting of the counties of Clinton, Caldwell, Daviess, Livingston, and DeKalb. These judges shall sit in divisions numbered one and two. 2. A circuit judge shall be elected for each division in 1982. Candidates for the office of circuit judge shall file by division. (L. 1981 S.B. 24) Effective 1-01-82

Mo. Rev. Stat. § 478.1000 Criminal nonsupport courts authorized - referral of cases - allocation of ...

478.1000. Criminal nonsupport courts authorized — referral of cases — allocation of resources — fund created, use of moneys. — 1. Criminal nonsupport courts may be established by any circuit court to provide an alternative for the criminal justice system to dispose of cases which stem from criminal nonsupport. A criminal nonsupport court shall combine judicial supervision, substance abuse treatment, education including general education development certificate (GED) programs, vocational or employment training, work programs, and support payment plans for criminal nonsupport court participants. Except for good cause found by the court, a criminal nonsupport court making a referral for education, substance abuse treatment, vocational or employment training, or work programs, when such program will receive state or federal funds in connection with such referral, shall refer the person only to a program which is certified by a department of the state of Missouri, unless no appropriate certified program is located within the same county as the criminal nonsupport court. Upon successful completion of the education, substance abuse treatment, vocational or employment training program, work program, or support payment plan, the defendant becoming gainfully employed, or the defendant commencing payment of current and accrued support, the charges, petition, or penalty against a criminal nonsupport court participant may be dismissed, reduced, or modified. Any fees received by a court from a defendant as payment for education, substance abuse treatment, or training programs shall not be considered court costs, charges, or fines. 2. Each circuit court shall establish conditions for referral of proceedings to the criminal nonsupport court. The defendant in any criminal proceeding accepted by a criminal nonsupport court for disposition shall be a nonviolent person, as determined by the prosecuting attorney, and shall be subject to the conditions set forth in subsection 6 of section 568.040 . Any proceeding accepted by the criminal nonsupport court program for disposition shall be upon agreement of the parties. 3. Any report made by the staff of the program shall not be admissible as evidence against the participant in the underlying criminal nonsupport case. Notwithstanding the foregoing, termination from the criminal nonsupport court program and the reasons for termination may be considered in sentencing or disposition. 4. Notwithstanding any other provision of law, criminal nonsupport court staff shall be provided with access to all records of any state or local government agency relevant to the supervision of any program participant. Upon general request, employees of all such agencies shall fully inform criminal nonsupport court staff of all matters relevant to the supervision 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 criminal nonsupport court, and shall be maintained by the court in a confidential file not available to the public. 5. In order to coordinate the allocation of resources available to criminal nonsupport courts throughout the state, there is hereby established a "Criminal Nonsupport Courts Coordinating Commission" in the judicial department. The criminal nonsupport courts coordinating commission shall consist of one member selected by the director of the department of corrections; one member selected by the director of the department of social services; one member selected by the director of the department of education; one member selected by the director of the department of public safety; one member selected by the state courts administrator; one member selected by the director of the department of labor and industrial relations; three members selected by the Missouri supreme court, one being a criminal defense attorney; and one member who is a prosecuting attorney selected by the office of prosecution services. The Missouri supreme court shall designate the chair of the commission. The commission shall periodically meet at the call of the chair; evaluate resources available for assessment and training of persons assigned to criminal nonsupport courts or for operation of criminal nonsupport courts; secure grants, funds, and other property and services necessary or desirable to facilitate criminal nonsupport court operation; and allocate such resources among the various criminal nonsupport courts operating within the state. 6. There is hereby established in the state treasury a "Criminal Nonsupport Court Resources Fund", which shall be administered by the criminal nonsupport courts coordinating commission. Funds available for allocation or distribution by the criminal nonsupport courts coordinating commission may be deposited into the criminal nonsupport court resources fund. The state treasurer shall be the custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180 . Notwithstanding the provisions of section 33.080 , moneys in the criminal nonsupport court resources fund shall not be transferred or placed to the credit of the general revenue fund of the state at the end of each biennium, but shall remain deposited to the credit of the criminal nonsupport court resources fund. (L. 2009 S.B. 140 § 478.495)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://revisor.mo.gov/main/OneChapter.aspx?chapter=478Fetched: 10/17/2026