FIRST REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BYRD.
Read 1st time March 10, 2005 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal sections 472.060 and 478.255, RSMo, and to enact in lieu thereof two new sections relating to disqualification of judges.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 472.060 and 478.255, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 472.060 and 478.255, to read as follows:
472.060. 1. No judge of probate shall sit in a case in which [he] the judge is interested, or in which [he] the judge is biased or prejudiced against any interested party, or in which [he] the judge has been counsel or a material witness, or when [he] the judge is related to either party, or in the determination of any cause or proceeding in the administration and settlement of any estate of which [he] the judge has been personal representative, conservator, or guardian, when any party in interest objects in writing, verified by affidavit; and when the objections are made, the cause shall be transferred to another judge, in accordance with the [rules of civil procedure relating to change of judge] provisions of section 478.255, RSMo, who shall hear and determine same; and the clerk of the circuit court or division clerk shall deliver to the probate division of the circuit court a full and complete transcript of the judgment, order or decree made in the cause, which shall be kept with the papers in the office pertaining to such cause.
478.255. 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, [he] 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.