HCS HB 373 -- CIRCUIT COURT CLERKS

SPONSOR:  Byrd

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 18 to 0.

Under current law, circuit clerks are elected.  This substitute
requires that, after January 1, 2004, circuit clerks in
nonpartisan court plan circuits be appointed by a majority of the
circuit and associate circuit judges of that circuit and be
removable for cause by a majority of judges.  The circuit clerk
in office on January 1, 2004, will continue to hold that office
as if appointed under these provisions.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that judges in nonpartisan circuits
should be able to appoint a nonpartisan circuit clerk because the
functions of the office are administrative.

Testifying for the bill were Representative Byrd; Judge Michael
David; Judge Michael Calvin; Judge Robert Dierker; Judge Ed
Sweeney; Missouri Bar Board of Governors; and Missouri Judicial
Conference.

OPPONENTS:  Those who oppose the bill say that the people of the
City of St. Louis should be able to decide whether they want the
city circuit clerk position to be appointed instead of elected,
rather than the legislature making the decision for them.

Testifying against the bill was Mariano Favazza, St. Louis City
Circuit Clerk.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am