Missouri Statute | Act | Code |Courts| US Code - US Statute | Chapter 476 Courts--general Provisions

An efficient, well operating and productive judiciary is
essential to the preservation of the people's liberty and prosperity. In
order to achieve this goal, the general assembly and the supreme court
must constantly be aware of the operations, needs, strengths and
weaknesses of the judicial system. It is the purpose of sections 476.001,
476.412, 476.415 and 476.681 to provide the general assembly and the
supreme court with the mechanisms to obtain on a continuing basis a
comprehensive analysis of judicial resources and an efficient and
organized method of identifying the problems and needs as they occur. It
is the further purpose of sections 476.001, 476.412, 476.415 and 476.681
to provide a system for the efficient allocation of available personnel,
facilities and resources to achieve a uniform and effective operation of
the judicial system. (L. 1989 S.B. 439 § 1)

The supreme court of the state of Missouri, the court of
appeals, and the circuit courts shall be courts of record, and shall keep
just and faithful records of their proceedings. Notwithstanding the
foregoing, municipal divisions of the circuit courts shall not be
considered courts of record, regardless of whether or not a verbatim
record of proceedings before the division is kept. (RSMo 1939 § 1990,
A.L. 1945 p. 806, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634, A.L. 1997 S.B.
248, A.L. 2001 S.B. 267)

Prior revisions: 1929 § 1826; 1919 § 2323; 1909 § 3845

CROSS REFERENCES: Effect of 1945 constitution on existing courts, Const.
schedule § 4 (Schedule follows Const. Art. XII) Judicial power, where
vested, Const. Art. V § 1

House Bill 1634 of the 2nd regular session of the 79th general
assembly shall be known and may be cited as the "Court Reform and
Revision Act of 1978". (L. 1978 H.B. 1634 § 1)

Effective 1-2-79

1. House Bill 1634 of the 2nd regular session of the 79th
general assembly shall become effective on January 2, 1979, except as
provided otherwise in this section.

2. The repeal of those portions of section 483.420, RSMo, providing for
the election in 1978 of the clerk of the Cape Girardeau court of common
pleas and of section 483.495, RSMo, providing for the election in 1978 of
a chief clerk of the magistrate court in each county of the state having
more than one hundred twenty-five thousand and less than two hundred
thousand inhabitants shall be effective ninety days after adjournment of
the second regular session of the 79th general assembly, and the names of
any persons nominated for such positions at the primary elections in 1978
shall not be placed on the ballots at the general election in 1978. The
provisions of subdivision (2) of subsection 8 of section 483.083, RSMo,
shall become effective December 31, 1978.

3. In the event of the passage of an act at the second regular session of
the 79th general assembly which repeals and enacts statutes contained in
chapters 472, 473, 474, and 475, RSMo, relating to probate matters, the
provisions of House Bill 1634 which repeal or enact certain numbered
sections within those chapters shall not be effective to the extent that
such other enactment repeals or enacts the same numbered sections;
provided, however, that any references to "probate court" in any such
other enactment is hereby in any event defined to mean the probate
division of the circuit court from and after January 2, 1979.

4. Section 483.617, RSMo, shall become effective ninety days after
adjournment of the second regular session of the 79th general assembly.

5. Between the period of ninety days after adjournment of the second
regular session of the 79th general assembly and January 2, 1979:

(1) Municipalities may adopt ordinances and take other actions that may
be needed so that the provisions for municipal judges contained in
chapter 479, RSMo, may become operational on January 2, 1979, should a
municipality determine to make provision for a municipal judge or judges.

(2) Municipalities may make provision for and select municipal judges who
shall take office on or after January 2, 1979.

(3) Courts may adopt rules which shall become effective on or after
January 2, 1979.

6. In the event other legislation is adopted at the second regular
session of the 79th general assembly providing for new circuit or
associate circuit judgeships in particular circuits or particular
counties, such new judgeships provided in other legislation shall be in
addition to those judgeships provided in the provisions of chapter 478,
RSMo, contained within House Bill 1634.

7. In the event of passage of an act at the second regular session of the
79th general assembly which repeals and enacts statutes contained in
chapter 202, RSMo, relating to the care, custody and treatment of
mentally ill, mentally disordered, developmentally disabled and mentally
retarded persons, the provisions of House Bill 1634 which repeal or enact
certain numbered sections within that chapter shall not be effective to
the extent that such other enactment repeals or enacts the same numbered
sections; provided, however, that any references to "probate court" or
"court having probate jurisdiction" in such other enactment are hereby in
any event defined to mean the probate division of the circuit court from
and after January 2, 1979.

8. In the event of the passage of an act at the second regular session of
the 79th general assembly which provides for an increase or decrease in
the amount of compensation to be paid to an official whose salary is
specified in sections contained within House Bill 1634, the amount of
such increased or decreased compensation provided in any such separate
enactment shall be effective from and after January 2, 1979,
notwithstanding the provisions of House Bill 1634.

9. For the period of January 2, 1979, through June 30, 1979, certain
words or terms in certain sections of the form of House Bill No. 1006 as
finally enacted during the second regular session of the 79th general
assembly shall have the following meanings:

(1) In section 6.050 the terminology "judges of circuit courts and courts
of criminal correction" shall mean all circuit judges, ex officio circuit
judges as provided in section 481.210, RSMo, commissioners of the probate
divisions of the circuit courts which are authorized to be paid by the
state by sections 478.266 and 478.267, RSMo, and commissioners of the
juvenile divisions of the circuit courts which are authorized to be paid
by the state by section 211.023, RSMo, but such terminology shall not
include associate circuit judges, ex officio associate circuit judges, or
municipal judges.

(2) In section 6.060 the terminology "magistrate judges" shall mean all
associate circuit judges and ex officio associate circuit judges as
provided in section 481.210, RSMo, but such terminology shall not include
circuit judges or municipal judges.

(3) In section 6.060 the terminology "magistrate clerks" shall mean
clerks for those associate circuit judgeships which on January 2, 1979,
replaced magistrate court judgeships.

(4) In section 6.100 the terminology "Kansas City District" shall mean
Western District.

(5) In section 6.110 the terminology "St. Louis District" shall mean
Eastern District.

(6) In section 6.120 the terminology "Springfield District" shall mean
Southern District.

10. The repeal and reenactment of section 211.393, RSMo, shall be
effective on July 1, 1979.

11. The provisions of subdivision (1) of subsection 8 of section 483.083
shall become effective December 31, 1978. (L. 1978 H.B. 1634 § B)

Each court of record in this state shall procure and keep a
seal, with such emblems and devices as the court may think proper, and
the impression thereof by stamp shall be deemed a sufficient sealing.
(RSMo 1939 § 1991)

Prior revisions: 1929 § 1827; 1919 § 2324; 1909 § 3846

When no seal is provided, the clerk may use his private seal for
the authentication of any record, process or proceeding required by law
to be authenticated by the seal of the court; and the attestation of the
clerk, stating that he has no seal of office, and that he has affixed his
private seal, shall be received as sufficient authentication, without
requiring any proof of such private seal, or that it was affixed. (RSMo
1939 § 1992)

Prior revisions: 1929 § 1828; 1919 § 2325; 1909 § 3847

All writs, process, proceedings and records in any court, and in
all inferior tribunals established by law, shall be in the English
language, except that the proper and known names of process and technical
words may be expressed in the language heretofore and now commonly used,
and shall be made in a fair, legible character, in words at length, and
not abbreviated; but such abbreviations as are now commonly used in the
English language may be used, and numbers may be expressed by Arabic
figures or Roman numerals, in the customary way. Notwithstanding the
foregoing, such writs, processes, proceedings and records may be filed,
submitted, stored and maintained in an electronic format or otherwise in
the manner provided by supreme court rule. (RSMo 1939 § 2005, A.L. 1997
S.B. 248)

Prior revisions: 1929 § 1841; 1919 § 2338; 1909 § 3860

1. There is hereby established in the state treasury the
"Statewide Court Automation Fund". All moneys collected pursuant to
section 488.027, RSMo, as well as gifts, contributions, devises,
bequests, and grants received relating to automation of judicial record
keeping, and moneys received by the judicial system for the dissemination
of information and sales of publications developed relating to automation
of judicial record keeping, shall be credited to the fund. Moneys
credited to this fund may only be used for the purposes set forth in this
section and as appropriated by the general assembly. Any unexpended
balance remaining in the statewide court automation fund at the end of
each biennium shall not be subject to the provisions of section 33.080,
RSMo, requiring the transfer of such unexpended balance to general
revenue; except that, any unexpended balance remaining in the fund on
September 1, 2009, shall be transferred to general revenue.

2. The statewide court automation fund shall be administered by a court
automation committee consisting of the following: the chief justice of
the supreme court, a judge from the court of appeals, four circuit
judges, four associate circuit judges, four employees of the circuit
court, the commissioner of administration, two members of the house of
representatives appointed by the speaker of the house, two members of the
senate appointed by the president pro tem of the senate and two members
of the Missouri Bar. The judge members and employee members shall be
appointed by the chief justice. The commissioner of administration shall
serve ex officio. The members of the Missouri Bar shall be appointed by
the board of governors of the Missouri Bar. Any member of the committee
may designate another person to serve on the committee in place of the
committee member.

3. The committee shall develop and implement a plan for a statewide court
automation system. The committee shall have the authority to hire
consultants, review systems in other jurisdictions and purchase goods and
services to administer the provisions of this section. The committee may
implement one or more pilot projects in the state for the purposes of
determining the feasibility of developing and implementing such plan. The
members of the committee shall be reimbursed from the court automation
fund for their actual expenses in performing their official duties on the
committee.

4. Any purchase of computer software or computer hardware that exceeds
five thousand dollars shall be made pursuant to the requirements of the
office of administration for lowest and best bid. Such bids shall be
subject to acceptance by the office of administration. The court
automation committee shall determine the specifications for such bids.

5. The court automation committee shall not require any circuit court to
change any operating system in such court, unless the committee provides
all necessary personnel, funds and equipment necessary to effectuate the
required changes. No judicial circuit or county may be reimbursed for any
costs incurred pursuant to this subsection unless such judicial circuit
or county has the approval of the court automation committee prior to
incurring the specific cost.

6. Any court automation system, including any pilot project, shall be
implemented, operated and maintained in accordance with strict standards
for the security and privacy of confidential judicial records. Any person
who knowingly releases information from a confidential judicial record is
guilty of a class B misdemeanor. Any person who, knowing that a judicial
record is confidential, uses information from such confidential record
for financial gain is guilty of a class D felony.

7. On the first day of February, May, August and November of each year,
the court automation committee shall file a report on the progress of the
statewide automation system with the joint legislative committee on court
automation. Such committee shall consist of the following:

(1) The chair of the house budget committee;

(2) The chair of the senate appropriations committee;

(3) The chair of the house judiciary committee;

(4) The chair of the senate judiciary committee;

(5) One member of the minority party of the house appointed by the
speaker of the house of representatives; and

(6) One member of the minority party of the senate appointed by the
president pro tempore of the senate.

8. The members of the joint legislative committee shall be reimbursed
from the court automation fund for their actual expenses incurred in the
performance of their official duties as members of the joint legislative
committee on court automation.

9. Section 488.027, RSMo, shall expire on September 1, 2009. The court
automation committee established pursuant to this section may continue to
function until completion of its duties prescribed by this section, but
shall complete its duties prior to September 1, 2011.

10. This section shall expire on September 1, 2011. (L. 1994 S.B. 420 §§
476.055, B, A.L. 1997 S.B. 248, A.L. 2003 S.B. 448)

Expires 9-1-11

1. Any city, county, village or other municipality may provide
for automation of its municipal court pursuant to subsection 3 of section
476.055, in the manner provided in this section. In order to make such
provisions, such municipality must:

(1) Adopt an ordinance imposing the surcharge in the amount allowed, and
payable in the manner provided, by section 476.053*, and sections 488.010
to 488.020, RSMo;

(2) Enter into an agreement with the state courts administrator for
automation of the municipality's court. Such agreement may provide for
continuation of the surcharge for a minimum period of time, payable to
the fund established by section 476.055, or a special fund established in
the state treasury for such purpose upon expiration of section 476.055,
for payment of a guaranteed minimum annual amount in the event that
payment of such surcharges shall not offset the cost of the automation of
the municipality's court; and such other terms as may be agreed on
between the municipality and the state courts administrator.

2. Notwithstanding the provisions of section 476.053*, the payment of any
surcharge provided by this section may continue for a period in excess of
that allowed by section 476.053* for payment of surcharges in the circuit
courts. The provisions of section 33.080, RSMo, shall not apply to any
special fund established pursuant to this section. (L. 1997 S.B. 248)

*Transferred 2000; now 488.027

1. The state courts administrator shall determine the amount of
the projected total collections of fees pursuant to section 488.015,
RSMo, payable to the state pursuant to section 488.023, RSMo, or
subdivision (4) of subsection 2 of section 488.018, RSMo; and the amount
of such projected total collections of fees required to be deposited into
the fund in order to maintain the fund required pursuant to subsection 2
of this section. The amount of fees payable for court cases may
thereafter be adjusted pursuant to section 488.015, RSMo, as provided by
said section. All proceeds of the adjusted fees shall thereupon be
collected and deposited to the state general revenue fund as otherwise
provided by law, subject to the transfer of a portion of such proceeds to
the fund established pursuant to subsection 2 of this section.

2. There is hereby established in the state treasury a special fund for
purposes of providing training and education for judicial personnel,
including any clerical employees of each circuit court clerk. Moneys from
collected fees shall be annually transferred by the state treasurer into
the fund from the state general revenue fund in the amount of no more
than two percent of the amount expended for personal service by state and
local government entities for judicial personnel as determined by the
state courts administrator pursuant to subsection 1 of this section. Any
unexpended balance remaining in the fund at the end of each biennium
shall be exempt from the provisions of section 33.080, RSMo, relating to
the transfer of unexpended balances to the state general revenue fund,
until the amount in the fund exceeds two percent of the amounts expended
for personal service by state and local government for judicial personnel.

3. The state treasurer shall administer the fund and, pursuant to
appropriations, shall disburse moneys from the fund to the state courts
administrator in order to provide training and to purchase goods and
services determined appropriate by the state courts administrator related
to the training and education of judicial personnel. As used in this
section, the term "judicial personnel" shall include court personnel as
defined in section 476.058, and judges. (L. 1997 S.B. 248)

1. As used in this section, the term "court personnel" includes
all personnel of all state courts and all divisions of the courts,
including juvenile, family and municipal divisions, and clerks, deputy
clerks, division clerks, official court reporters, law clerks and court
administrators, but not including judges.

2. There is hereby established in the state treasury the "State Court
Administration Revolving Fund". Any moneys received by or on behalf of
the state court administrator from registration fees, grants, or any
other source in connection with the training and education of court
personnel provided pursuant to this section shall be deposited into the
fund.

3. In addition, any moneys received by or on behalf of the state courts
administrator from fees, grants, or any other sources in connection with
the preparation of court transcripts shall be deposited in the fund
provided, however, that moneys collected in the fund in connection with a
particular purpose shall be segregated and shall not be disbursed for any
other purpose.

4. The state treasurer shall administer the fund and shall disburse
moneys from the fund to the state courts administrator pursuant to
appropriations in order to provide training, to purchase goods and
services related to the training and education of court personnel, and to
pay for goods and services associated with the preparation of court
transcripts.

5. Any unexpended balance remaining in the fund at the end of each
biennium shall be exempt from the provisions of section 33.080, RSMo,
relating to the transfer of unexpended balances to the general revenue
fund, until the amount in the state courts administration revolving fund
exceeds the greater of either one-half of the expenditures from the fund
during the previous year, or fifty thousand dollars. (L. 1996 S.B. 869 §
C-6, A.L. 2003 H.B. 613)

The courts may, from time to time, appoint interpreters and
translators to interpret the testimony of witnesses, and to translate any
writing necessary to be translated in such court, or any cause therein.
(RSMo 1939 § 2010)

Prior revisions: 1929 § 1846; 1919 § 2343; 1909 § 3865

CROSS REFERENCE: Interpreters' fees, RSMo 491.300

(1972) Appointment of interpreters rests within the discretion of the
trial court but where the interpreter was plaintiff's brother and court
did not determine if he could translate plaintiff's testimony or if he
was unduly biased or prejudiced there was an abuse of discretion. Kley v.
Abell (A.), 483 S.W.2d 625.

Subject to supreme court rule, district court of appeal rule and
local circuit court rule, marshals of any court may carry firearms when
necessary for the proper discharge of their duties. Such marshals shall
have all powers granted law enforcement officers in this state to
apprehend and arrest persons and which are necessary to ensure the proper
security and functioning of the court employing such marshal. (L. 1997
S.B. 248)

All courts shall have power to issue all writs which may be
necessary in the exercise of their respective jurisdictions, according to
the principles and usages of law. (RSMo 1939 § 2008)

Prior revisions: 1929 § 1844; 1919 § 2341; 1909 § 3863

(1954) In condemnation suit where no question of public use was injected,
the only function of the court was to determine the compensation for the
taking and a writ of execution or of assistance to enforce the taking,
could not be based on the decree therein. St. Louis Housing Authority v.
Jower (A.), 267 S.W.2d 344.

(1959) Objection by person confined in jail in one county to his removal
to another county on writ of habeas corpus ad prosequendum for trial on
felony charge held without merit. State v. Robinson (Mo.), 325 S.W.2d 465.

Where there is no sheriff or other ministerial officer qualified
to act, or where they are interested or prejudiced, the court, or clerk
thereof in vacation, may appoint one or more persons to execute its
process and perform any other duty of such officer, who shall be entitled
to such fees for their services in each cause as are allowed by law to
sheriffs in like cases. (RSMo 1939 § 2009)

Prior revisions: 1929 § 1845; 1919 § 2342; 1909 § 3864

1. In addition to any appointments made pursuant to section
485.010, RSMo, the presiding judge of each circuit containing one or more
facilities operated by the department of corrections with an average
total inmate population in all such facilities in the circuit over the
previous two years of more than two thousand five hundred inmates may
appoint a circuit court marshal to aid the presiding judge in the
administration of the judicial business of the circuit by overseeing the
physical security of the courthouse, serving court-generated papers and
orders, and assisting the judges of the circuit as the presiding judge
determines appropriate. Such circuit court marshal appointed pursuant to
the provisions of this section shall serve at the pleasure of the
presiding judge. The circuit court marshal authorized by this section is
in addition to staff support from the circuit clerks, deputy circuit
clerks, division clerks, municipal clerks, and any other staff personnel
which may otherwise be provided by law.

2. The salary of a circuit court marshal shall be established by the
presiding judge of the circuit within funds made available for that
purpose, but such salary shall not exceed ninety percent of the salary of
the highest paid sheriff serving a county wholly or partially within that
circuit. Personnel authorized by this section shall be paid from state
funds or federal grant moneys which are available for that purpose and
not from county funds.

3. Any person appointed as a circuit court marshal pursuant to this
section shall have at least five years' prior experience as a law
enforcement officer. In addition, any such person shall within one year
after appointment, or as soon as practicable, attend a court security
school or training program operated by the United States Marshal Service.
In addition to all other powers and duties prescribed in this section, a
circuit court marshal may:

(1) Serve process;

(2) Wear a concealable firearm, pursuant to a permit granted under
section 571.090, RSMo; and

(3) Make an arrest based upon local court rules and state law, and as
directed by the presiding judge of the circuit. (L. 1995 H.B. 424, A.L.
1997 S.B. 248)

Each court may enforce, by attachment, the return of any writ or
process sent out of the same court, and the payment of any moneys had and
received by any sheriff, marshal, coroner, constable, attorney or
collector, in his official capacity, and the delivery of papers entrusted
to him officially and unlawfully withheld. (RSMo 1939 § 2011)

Prior revisions: 1929 § 1847; 1919 § 2344; 1909 § 3866

No writ, process or proceedings whatsoever, civil or criminal,
shall be deemed discontinued or abated by reason of the failure of any
term or session of any court, nor by reason of any adjournment in the
cases mentioned in sections 476.010 to 476.310, or otherwise, before the
business pending in such court is disposed of, but the same shall be
continued and proceeded upon as if no failure or adjournment had
happened. (RSMo 1939 § 2022)

Prior revisions: 1929 § 1858; 1919 § 2354; 1909 § 3876

Every court of record shall have power to punish as for criminal
contempt persons guilty of:

(1) Disorderly, contemptuous or insolent behavior committed during its
session, in its immediate view and presence, and directly tending to
interrupt its proceeding or to impair the respect due to its authority;

(2) Any breach of the peace, noise or other disturbance directly tending
to interrupt its proceedings;

(3) Willful disobedience of any process or order lawfully issued or made
by it;

(4) Resistance willfully offered by any person to the lawful order or
process of the court;

(5) The contumacious and unlawful refusal of any person to be sworn as a
witness, or, when so sworn, to refuse to answer any legal and proper
interrogatory. (RSMo 1939 § 2028)

Prior revisions: 1929 § 1864; 1919 § 2359; 1909 § 3881

(1951) The procuring of false testimony and presentation of same in trial
in court impedes and obstructs justice and constitutes contempt. Osborne
v. Purdome (Mo.), 244 S.W.2d 1005, 29 A.L.R.2d 1141.

(1951) Practice known as "purgation by oath" under which contemnor was
entitled to release upon denial of charges under oath, has never been the
law in Missouri. Osborne v. Purdome (Mo.), 244 S.W.2d 1005, 29 A.L.R.2d
1141.

(1951) Contempt complaint, filed by prosecuting attorney, and signed by
reputable attorneys as amici curiae, need not be verified. Osborne v.
Purdome (Mo.), 244 S.W.2d 1005, 29 A.L.R.2d 1141.

(1953) Prosecution for criminal contempt held barred after one year under
§ 541.210. Ponick v. Purdome (A.), 254 S.W.2d 673.

(1954) Prosecution for criminal contempt based on subornation of prejury
is not a criminal case and is not barred by the one year statute of
limitations. (Quashing writs of Court of Appeals in Ponick v. Owsley, 254
S.W.2d 673, and Osborne v. Owsley, 254 S.W.2d 676.) Osborne v. Owsley,
364 Mo. 544, 264 S.W.2d 332.

(1954) Where magistrate orally ordered sheriff to produce prisoner held
without warrant and sheriff refused, magistrate court had jurisdiction to
cite sheriff for contempt. State ex rel. Cunningham v. Leavitt (A.), 271
S.W.2d 63.

(1955) Where circuit judge cited judges of county court and then
committed them for contempt for failure to order payment of salary of
deputy circuit clerk as authorized by such circuit judge, he was not so
entirely without jurisdiction as to be civilly liable for damages to the
county judges. Pogue v. Swink, 365 Mo. 503, 284 S.W.2d 868.

(1976) Proceedings to cite defendant for contempt for failure to pay
court ordered support and maintenance held to be civil contempt
proceedings. Teefey v. Teefey (Mo.), 533 S.W.2d 563.

Punishment for contempt may be by fine or imprisonment in the
jail of the county where the court may be sitting, or both, in the
discretion of the court. (RSMo 1939 § 2029)

Prior revisions: 1929 § 1865; 1919 § 2360; 1909 § 3882

(1964) Court has no authority in habeas corpus proceeding to reduce the
fines or sentences imposed, nor to order circuit court to do so. Curtis
v. Tozer (A.), 374 S.W.2d 557.

(1976) Proceedings to cite defendant for contempt for failure to pay
court ordered support and maintenance for plaintiff and their minor
children classified as civil contempt and subject to review on appeal.
Judgment, with sentence of imprisonment, reversed and remanded since
there was no evidence from which trial court could have concluded that
defendant was financially able to pay the award. Teefey v. Teefey (Mo.),
533 S.W.2d 563.

(1977) Held, that purpose of contempt citation is to vindicate the
authority of the court and deter future defiance by disobedient parties.
Chemical Fireproofing Corp. v. Bronska (A.), 533 S.W.2d 710.

Contempt committed in the immediate view and presence of the
court may be punished summarily; in other cases the party charged shall
be notified of the accusation, and have a reasonable time to make his
defense. (RSMo 1939 § 2030)

Prior revisions: 1929 § 1866; 1919 § 2361; 1909 § 3883

(1957) Conviction of defendant of contempt on charge that she negligently
disobeyed orders of court as to children held improper because order
allegedly disobeyed was one granting custody on certain conditions, and
violation of condition could not be contempt and also because judgment
was not responsive to charge. G....v.Souder (A.), 305 S.W.2d 883.

(1987) Dialogue between assistant county prosecutor to judge regarding
alleged statement made by prosecutor to newspaper held to constitute
indirect criminal contempt. Judge's order placing prosecutor in contempt
was in error finding prosecutor in contempt without having given
prosecutor prior notice that such hearing would be conducted as required
by this section. State ex rel. Shepherd v. Steeb, 734 S.W.2d 610 (Mo.App.
W.D.).

Whenever any person shall be committed for any contempt
specified in sections 476.010 to 476.310, the particular circumstances of
his offense shall be set forth in the order or warrant of commitment.
(RSMo 1939 § 2031)

Prior revisions: 1929 § 1867; 1919 § 2362; 1909 § 3884

(1953) Commitment for contempt, based on refusal of witness to answer
questions, must set forth the questions asked and the answers or
statements made in response thereto, in order to be valid. Novak v.
Weismantel (A.), 261 S.W.2d 491.

(1959) Order of commitment stating that lawyer "accused the court of
malicious conduct and proceeded in a heated argument against the court"
held insufficient as stating only conclusions. Scott v. Davis (A.), 328
S.W.2d 394.

(1961) A commitment which recited that the person in prison was cited to
show cause why he was not in contempt of court and that after hearing he
was adjudged in contempt of court and duly sentenced was clearly
insufficient and would not justify his detention. Glenn v. Hendrix (A.),
349 S.W.2d 532.

(1972) Where warrant of commitment by which petitioner for writ of habeas
corpus was confined for direct criminal contempt of court recited only
that the commitment was "in lieu of payment of a fine. . .heretofore
assessed as a punishment for being in contempt of court", it failed to
satisfy statutory and decisional requirements that it set forth the
particular circumstances of the offense and did not justify petitioner's
detention. In re Randolph (A.), 474 S.W.2d 36.

(1974) Both the court's judgment in contempt and the commitment must
recite the facts and circumstances constituting the offense of contempt.
An order nunc pro tunc cannot be used to correct such an omission. Ex
parte Neal (A.), 507 S.W.2d 674.

(1974) Writ of commitment held insufficient as failing to set forth
necessary facts. A commitment cannot be validated if void on its face
because judgment on which it is based is a lawful conviction. Vokolek v.
Carnes (Mo.), 512 S.W.2d 112.

(1974) Held that failure to set out the circumstances of the contempt
specified and further failure to issue a warrant of commitment cannot be
cured by an order nunc pro tunc. Ex parte Huff (A.), 516 S.W.2d 778.

(1976) Held that judgment of contempt which fails to recite facts and
circumstances constituting offense is invalid and petitioner must be
discharged. Recital of such facts and circumstances in commitment does
not cure defect. Ex parte Brown (Mo.), 530 S.W.2d 228.

Nothing contained in sections 476.110 to 476.140 shall be
construed to extend to any proceeding against parties or officers, as for
contempt, for the purpose of enforcing any civil right or remedy. (RSMo
1939 § 2032)

Prior revisions: 1929 § 1868; 1919 § 2363; 1909 § 3885

Persons punished for contempt under the provisions of sections
476.010 to 476.310 shall, notwithstanding, be liable to indictment for
such contempt, if the same be an indictable offense; but the court before
which a conviction shall be had on such indictment shall, in forming its
sentence, take into consideration the punishment before inflicted. (RSMo
1939 § 2033)

Prior revisions: 1929 § 1869; 1919 § 2364; 1909 § 3886

The sitting of every court shall be public and every person may
freely attend the same. (RSMo 1939 § 2007)

Prior revisions: 1929 § 1843; 1919 § 2340; 1909 § 3862

No judge of any court of record, who is interested in any suit
or related to either party, or who shall have been of counsel in any suit
or proceeding pending before him, shall, without the express consent of
the parties thereto, sit on the trial or determination thereof. (RSMo
1939 § 2012)

Prior revisions: 1929 § 1848; 1919 § 2345; 1909 § 3867

Whenever in his opinion the public good requires, or whenever it
is necessary for the dispatch of business, any circuit judge may, by
written order filed with the clerk, call a special term of court for the
trial or other disposition of any civil or criminal cause or matter
pending therein. At such term the court may exercise its ordinary and
usual jurisdiction in all cases wherein the parties have been given five
days' previous notice in writing of the calling of the term to be given
by the judge or clerk and served upon the parties or their attorneys or
agents in the manner provided by section 506.100, RSMo, and likewise in
all causes and matters where notice is waived. (RSMo 1939 § 2016, A.L.
1955 p. 377, A.L. 1978 H.B. 1634)

Prior revision: 1929 § 1852

Effective 1-2-79

CROSS REFERENCE: Judge to call special term to try prisoner, when, RSMo
545.850

At every such special term the court may, with the consent of
parties, exercise its ordinary jurisdiction in civil cases. (RSMo 1939 §
2020)

Prior revisions: 1929 § 1856; 1919 § 2352; 1909 § 3874

No court shall be open or transact business on Sunday, unless it
be for the purpose of receiving a verdict or discharging a jury; and
every adjournment of a court on Saturday shall always be to some other
day than Sunday, except such adjournment as may be made after a cause has
been committed to a jury; but this section shall not prevent the exercise
of the jurisdiction of any judge, when it shall be necessary in criminal
cases, to preserve the peace or arrest the offender, nor shall it prevent
the issuing and service of any attachment in a case where a debtor is
about fraudulently to secrete or remove his effects, nor shall it prevent
the issuing and service of such orders as exigencies may require. (RSMo
1939 § 2027, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1863; 1919 § 2358; 1909 § 3880

Effective 1-2-79

The court shall audit and adjust the accounts of the sheriff or
other officer attending it, and certify the same for payment. (RSMo 1939
§ 2035, A. 1949 S.B. 1138)

Prior revisions: 1929 § 1871; 1919 § 2366; 1909 § 3888

1. The budget for the funding of the judicial department by the
state for each fiscal year shall be formulated in the same manner as
provided in subdivision (4) of subsection 6 of section 1 of the Omnibus
State Reorganization Act of 1974, as amended, and in section 33.220,
RSMo, except as otherwise provided in this section.

2. For purposes of budget procedures, the supreme court shall be
considered as the head of the department. The chief judge of each
district of the court of appeals with the approval of a majority of the
judges of each district and the presiding judge of each circuit with the
approval of a majority of the circuit and associate circuit judges of the
circuit shall present their estimates for the districts and circuits,
respectively, in the same manner as a division of a department of the
executive branch of government.

3. The budget estimates prepared within the judicial department shall be
provided to the budget director on or before October first in each year
preceding the annual session of the general assembly.

4. Budgets shall be submitted by circuit and by district of the court of
appeals; provided, however, that budgeting on a district-by-district and
circuit-by-circuit basis shall not preclude additional contingency
appropriations which may be made for allocation by the supreme court as
needed among the various districts and circuits. (L. 1978 H.B. 1634)

Effective 1-2-79

All expenditures accruing in the circuit courts, except salaries
and clerk hire which is payable by the state, except all expenditures
accruing in the municipal divisions of the circuit court, and except as
otherwise provided by law, shall be paid out of the treasury of the
county in which the court is held in the same manner as other demands.
(RSMo 1939 § 2102, A.L. 1945 p. 812, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1940; 1919 § 2438; 1909 § 3958

Effective 1-2-79

(1984) A judgment against a circuit court in a Title VII action was
considered an "expenditure accruing in the circuit courts" within the
meaning of this section, and the county was therefore required to pay the
judgment. Goodwin v. Circuit Court of St. Louis County, Mo. (8th Cir.),
741 F.2d 1087.

Each judge shall, within thirty days after the receipt of his
commission, and before entering upon the duties of his office, take the
oath prescribed by the constitution of this state. A certificate of
having taken such oath shall be endorsed upon his commission. (RSMo 1939
§ 1989)

Prior revisions: 1929 § 1825; 1919 § 2322; 1909 § 3844

No judge, except a part-time municipal judge, shall practice or
act as counselor or attorney in any court within this state nor shall any
clerk or deputy clerk, while he continues to act as such, plead, practice
or act as counselor or attorney in any court within the county for which
he is such clerk or deputy clerk, in his own name or in the name of any
other person, under any pretense whatever. (RSMo 1939 § 2024, A. 1949
S.B. 1138, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1860; 1919 § 2355; 1909 § 3877

Effective 1-2-79

CROSS REFERENCE: Judges not to practice law or do law business, Const.
Art. V § 20

(1962) Trial court did not err in overruling motion to deny assistant
prosecuting attorney right to further appear in prosecution for second
degree murder where at the time he had signed and filed information he
was also clerk of magistrate court but had resigned before trial time.
Oral motion to strike and quash information was not preserved in motion
for new trial and not before appellate court. State v. Gray (Mo.), 360
S.W.2d 642.

(1986) This section does not prohibit an attorney on the circuit clerk's
staff from giving the circuit clerk legal advice. Bauer v. Bosley, 802
F.2d 1058 (8th Cir.).

No judge, clerk or deputy clerk of any court shall have any
partner practicing in the court in which he is a judge, clerk or deputy
clerk, except that the partner of a municipal judge who is not a
full-time judge may practice in other divisions of the circuit court if
such practice does not involve municipal ordinance violation cases
arising from a municipality which is served by such municipal judge.
(RSMo 1939 § 2026, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1862; 1919 § 2357; 1909 § 3879

Effective 1-2-79

There is hereby established "The Judicial Conference of the
State of Missouri". The conference shall consist of the judges and
commissioners of the supreme court and of the court of appeals, the
circuit judges, associate circuit judges, family court commissioners, the
commissioners of the juvenile division of the circuit courts, and all
judges and commissioners who have retired under any of the provisions of
sections 476.450 to 476.595 heretofore or hereafter in effect. The chief
justice of the supreme court, or in his absence the vice president
elected by the executive council, shall be the presiding officer. (L.
1943 p. 514 § 2, A.L. 1953 p. 405, A.L. 1973 S.B. 263, A.L. 1977 H.B.
289, A.L. 1978 H.B. 1634, A.L. 1993 H.B. 346 merged with S.B. 88)

The conference shall meet on the call of the chief justice. A
meeting shall be called at least once a year at some convenient time and
place in the state. It shall be the duty of all members of the conference
to attend such annual meeting. (L. 1943 p. 514 § 3)

1. The governing body of the conference, between annual
sessions, shall be the executive council. The executive council shall
consist of the following members:

(1) The chief justice of the supreme court, or some member of the supreme
court appointed by him;

(2) Two other members of the supreme court appointed by the supreme court;

(3) One member of each district of the court of appeals elected by the
judges thereof, respectively;

(4) Eight circuit judges, other than judges of the probate division,
three of whom shall be elected for three-year terms, one from each
district of the court of appeals, by the circuit judges, other than
judges of the probate division, of the district to represent each of the
districts of the court of appeals, respectively. A judge whose circuit is
in part in more than one district of the court of appeals may vote in and
be elected to represent either district but not both. Five of the circuit
judges on the council shall be elected for three-year terms by the
circuit judges of the state;

(5) One judge of the probate division of circuit courts in counties
having a population of more than thirty thousand inhabitants elected for
a three-year term by the judges of the probate divisions of the circuit
courts in such counties;

(6) Three associate circuit judges elected for three-year terms, one from
each district of the court of appeals, by the associate circuit judges of
the district to represent each of the districts of the court of appeals,
respectively;

(7) Three other associate circuit judges elected for three-year terms by
the associate circuit judges of the state;

(8) One associate circuit judge from counties having a population of
thirty thousand inhabitants or less elected for a three-year term by the
associate circuit judges in such counties;

(9) One retired judge or commissioner who is a member of the judicial
conference elected for a three-year term by such judges and commissioners.

Members of the executive council on August 28, 2003, shall serve out
their terms and their replacements shall be elected under the provisions
of this section. Vacancies shall be filled for the unexpired term of any
member as provided by resolution of the judicial conference.

2. The executive council shall have general supervision of the work of
the conference and such other duties and authority as may be given to it
under rules or resolutions adopted by the conference. The members of the
executive council shall elect one of its members vice president to act in
the absence of the chief justice. (L. 1943 p. 514 § 4, A.L. 1973 S.B.
263, A.L. 1977 H.B. 289, A.L. 1978 H.B. 1634, A.L. 1993 S.B. 180, A.L.
2003 H.B. 430 merged with H.B. 613 merged with S.B. 457)

1. It shall be the duty of said judicial conference and its
executive council to study the organization, rules, methods of procedure,
and practice of the judicial system of this state, the work accomplished,
and the results produced by that system in its various parts and judicial
tribunals; the problems of administration confronting the courts and the
judicial system in general.

2. It shall be the duty of the presiding judge of each circuit, of the
chief justice of the supreme court and of the chief judge of each
district of the court of appeals to prepare and submit to the executive
council, at such times and in such form as may be specified by rules of
the conference, reports setting forth the condition of the docket and the
business dispatched and pending in his court or the courts over which he
presides, and such other facts pertinent to the business dispatched and
pending as the conference or its executive council may deem proper. Such
reports shall be public records and rules may be made for publication of
the same or summaries thereof.

3. It shall be the duty of said conference through its executive council
to make biennially to the general assembly of the state any
recommendations it may deem proper for the modification or amelioration
of existing conditions, for harmonizing and improving laws, or for
amendments to the codes of practice and procedure, and concerning any
statute or legislative act which has been declared unconstitutional.

4. The conference may authorize the presiding officer or the executive
council to appoint such committees as are necessary to expedite the
performance of the duties herein required. The conference may make and
adopt such rules as it deems necessary to carry out the purposes and
provisions of this law. (L. 1943 p. 514 § 5, A.L. 1973 S.B. 263, A.L.
1978 H.B. 1634)

Effective 1-2-79

The clerks of the various courts of the state named in section
476.320, shall make such reports to the executive council as the
conference or the executive council may require. (L. 1943 p. 514 § 6)

The conference or the executive council is empowered in its
discretion to hold before the full conference, or its executive council,
or any committee thereof it may constitute for such purpose, hearings on
any question concerning which the conference or its executive council may
deem it proper to hold hearings. (L. 1943 p. 514 § 7)

Each judge attending the annual meeting of the conference, and
each member of the executive council attending meetings of the council
not to exceed four times each year, shall receive his actual and
necessary expenses, to be paid from the state treasury on order of the
presiding officer certified to the commissioner of administration. (L.
1943 p. 514 § 8, A. 1949 S.B. 1138, A.L. 1977 H.B. 289, A.L. 1978 H.B.
1634, A.L. 1997 S.B. 299, A.L. 1999 H.B. 368)

1. The judges of the supreme court may appoint a committee
consisting of at least seven associate circuit judges, who shall meet en
banc and establish and maintain a schedule of fines to be paid for
violations of sections 210.104, 577.070, and 577.073, RSMo, and chapters
252, 301, 302, 304, 306, 307 and 390, RSMo, with such fines increasing in
proportion to the severity of the violation. The associate circuit judges
of each county may meet en banc and adopt the schedule of fines and
participation in the centralized bureau pursuant to this section. Notice
of such adoption and participation shall be given in the manner provided
by supreme court rule. Upon order of the supreme court, the associate
circuit judges of each county may meet en banc and establish and maintain
a schedule of fines to be paid for violations of municipal ordinances for
cities, towns and villages electing to have violations of its municipal
ordinances heard by associate circuit judges, pursuant to section
479.040, RSMo; and for traffic court divisions established pursuant to
section 479.500, RSMo. The schedule of fines adopted for violations of
municipal ordinances may be modified from time to time as the associate
circuit judges of each county en banc deem advisable. No fine established
pursuant to this subsection may exceed the maximum amount specified by
statute or ordinance for such violation.

2. In no event shall any schedule of fines adopted pursuant to this
section include offenses involving the following:

(1) Any violation resulting in personal injury or property damage to
another person;

(2) Operating a motor vehicle while intoxicated or under the influence of
intoxicants or drugs;

(3) Operating a vehicle with a counterfeited, altered, suspended or
revoked license;

(4) Fleeing or attempting to elude an officer.

3. There shall be a centralized bureau to be established by supreme court
rule in order to accept pleas of not guilty or guilty and payments of
fines and court costs for violations of the laws and ordinances described
in subsection 1 of this section, made pursuant to a schedule of fines
established pursuant to this section. The centralized bureau shall
collect, with any plea of guilty and payment of a fine, all court costs
which would have been collected by the court of the jurisdiction from
which the violation originated.

4. If a person elects not to contest the alleged violation, the person
shall send payment in the amount of the fine and any court costs
established for the violation to the centralized bureau. Such payment
shall be payable to the "central violations bureau", shall be made by
mail or in any other manner established by the centralized bureau, and
shall constitute a plea of guilty, waiver of trial and a conviction for
purposes of section 302.302, RSMo, and for purposes of imposing any
collateral consequence of a criminal conviction provided by law.
Notwithstanding any provision of law to the contrary, the prosecutor
shall not be required to sign any information, ticket or indictment if
disposition is made pursuant to this subsection. In the event that any
payment is made pursuant to this section by credit card or similar
method, the centralized bureau may charge an additional fee in order to
reflect any transaction cost, surcharge or fee imposed on the recipient
of the credit card payment by the credit card company.

5. If a person elects to plead not guilty, such person shall send the
plea of not guilty to the centralized bureau. The bureau shall send such
plea and request for trial to the prosecutor having original jurisdiction
over the offense. Any trial shall be conducted at the location designated
by the court. The clerk of the court in which the case is to be heard
shall notify in writing such person of the date certain for the
disposition of such charges. The prosecutor shall not be required to sign
any information, ticket or indictment until the commencement of any
proceeding by the prosecutor with respect to the notice of violation.

6. In courts adopting a schedule of fines pursuant to this section, any
person receiving a notice of violation pursuant to this section shall
also receive written notification of the following:

(1) The fine and court costs established pursuant to this section for the
violation or information regarding how the person may obtain the amount
of the fine and court costs for the violation;

(2) That the person must respond to the notice of violation by paying the
prescribed fine and court costs, or pleading not guilty and appearing at
trial, and that other legal penalties prescribed by law may attach for
failure to appear and dispose of the violation. The supreme court may
modify the suggested forms for uniform complaint and summons for use in
courts adopting the procedures provided by this section, in order to
accommodate such required written notifications.

7. Any moneys received in payment of fines and court costs pursuant to
this section shall not be considered to be state funds, but shall be held
in trust by the centralized bureau for benefit of those persons or
entities entitled to receive such funds pursuant to this subsection. All
amounts paid to the centralized bureau shall be maintained by the
centralized bureau, invested in the manner required of the state
treasurer for state funds by sections 30.240, 30.250, 30.260 and 30.270,
RSMo, and disbursed as provided by the constitution and laws of this
state. Any interest earned on such fund shall be payable to the director
of the department of revenue for deposit into a revolving fund to be
established pursuant to this subsection. The state treasurer shall be the
custodian of the revolving fund, and shall make disbursements, as allowed
by lawful appropriations, only to the judicial branch of state government
for goods and services related to the administration of the judicial
system.

8. Any person who receives a notice of violation subject to this section
who fails to dispose of such violation as provided by this section shall
be guilty of failure to appear provided by section 544.665, RSMo; and may
be subject to suspension of driving privileges in the manner provided by
section 302.341, RSMo. The centralized bureau shall notify the
appropriate prosecutor of any person who fails to either pay the
prescribed fine and court costs, or plead not guilty and request a trial
within the time allotted by this section, for purposes of application of
section 544.665, RSMo. The centralized bureau shall also notify the
department of revenue of any failure to appear subject to section
302.341, RSMo, and the department shall thereupon suspend the license of
the driver in the manner provided by section 302.341, RSMo, as if
notified by the court.

9. In addition to the remedies provided by subsection 8 of this section,
the centralized bureau and the courts may use the remedies provided by
sections 488.010 to 488.020, RSMo, for the collection of court costs
payable to courts, in order to collect fines and court costs for
violations subject to this section. (L. 1996 S.B. 869 § C-8, A.L. 1997
S.B. 248, A.L. 1999 S.B. 1, et al., A.L. 2003 H.B. 613)

1. Within the limits of any appropriation made for this purpose,
the salary fixed by sections 211.381, 211.393, 477.130, 478.013, 478.018,
483.083, 483.163, and 485.060, RSMo, may be adjusted in any one year by a
salary adjustment. The salary adjustment shall not exceed the salary
adjustment for the executive department contained in the pay plan
applicable to other state employees at a similar salary level for that
fiscal year. If no salary adjustment or a lower salary adjustment is
granted pursuant to this section than is granted the executive department
in any year, then the salary adjustment granted pursuant to this section
in the next fiscal year may exceed the salary adjustment of the executive
department by the amount of the difference in the prior year.

2. The amount of a salary adjustment to be approved pursuant to this
section shall be stated in a separate line item of the appropriation
bill. A salary adjustment approved pursuant to this section shall be
added to the statutory salary and the sum of these amounts shall be the
statutory salary of the office for all purposes. This statutory salary
shall be included in the appropriation bill in the same manner as any
other personal service appropriation involving a statutory salary.

3. The office of administration shall maintain a compensation schedule
for each fiscal year indicating the highest statutory salary paid for
each office specified in sections 211.381, 211.393, 477.130, 478.013,
478.018, 483.083, 483.163, and 485.060, RSMo, and the salary adjustment
contained in the pay plan applicable to other state employees generally.
The schedule shall be open for public inspection and shall be annually
included in the Missouri Register and an appendix to the Revised Statutes
of Missouri. For each office for which a salary adjustment is approved
pursuant to this section, the revisor of statutes shall place a revisor's
note following each section providing compensation for the office
referencing the reader to the compensation index. (L. 1982 S.B. 497 § 1,
A.L. 1984 H.B. 1244, A.L. 1996 S.B. 719)

Any provisions of law to the contrary notwithstanding, any
employee of the twenty-second judicial circuit shall, at his option, be
allowed to work a forty-hour week in order to obtain the full benefits of
his appropriated salary. (L. 1988 S.B. 425)

The division of a circuit court in which a case is filed laying
venue in the wrong division or wrong circuit shall transfer the case to
any division or circuit in which it could have been brought. (L. 1989
S.B. 127, et al. § 1)

(2004) Section applies to defendant's pro se motion for post-conviction
relief, for purposes of limitations period for filing motion. Nicholson
v. State, 151 S.W.3d 369 (Mo.banc).

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

1. There is hereby created a "Commission on Judicial Resources",
to be comprised of the following persons:

(1) A circuit court judge elected by the circuit court judges of the
state;

(2) A judge of the court of appeals elected by the judges of the court of
appeals of the state;

(3) An associate circuit judge elected by the associate circuit judges of
the state;

(4) A municipal court judge appointed by the supreme court;

(5) A senior judge under the provisions of section 476.001 appointed by
the supreme court;

(6) An attorney appointed by the board of governors of the Missouri Bar;

(7) The chairman of the judiciary committee of the senate;

(8) The chairman of the judiciary committee of the house of
representatives;

(9) A member of the appropriations committee of the senate, appointed by
the president pro tem;

(10) A member of the budget committee of the house of representatives,
appointed by the speaker;

(11) The executive director of the public defender commission; and

(12) One prosecuting or circuit attorney elected by the prosecuting and
circuit attorneys of this state.

2. The legislative members of the commission shall serve during the
period they hold the committee assignments qualifying them for the
office. The appointed and elective members shall serve for two years and
until their successors are appointed and qualified. If a vacancy occurs
in any of the appointed or elected members, a successor shall be
appointed or elected by the body originally appointing or electing the
position for whom the vacancy occurs for the remainder of the unexpired
term. The commission shall meet within sixty days after the appointment
of the members at the call of the chief justice of the supreme court and
shall meet subsequently at the call of the chairman. The commission shall
elect its own officers as necessary. The members of the commission shall
receive no compensation for their services, but shall be reimbursed for
their actual and necessary expenses paid out of appropriations made for
that purpose except that senior judges shall be credited for time
actually spent in the performance of duties according to section 476.682.

3. The commission shall have full access to the reports filed pursuant to
section 476.412, examine and prepare a digest of such reports, conduct a
comprehensive study of the state's judicial system, assess the needs,
priorities, workload, case management and general performance of the
court system and for the judges thereof. The commission shall make an
annual report to the supreme court and the general assembly before the
convening of each session of the general assembly in which they shall
detail the true state of the judicial system in this state, its success
or inability to handle the caseload, and the efficiency of disposition of
judicial business and the administration of justice. The report shall
detail the utilization of judges transferred between circuits and of
senior judges as provided in section 476.681, including an appraisal of
the effect that the appointment of senior judges and transfer of judges
has on the efficiency of the courts and the reduction of caseloads. The
report shall include a detailed breakdown of the needs of specific courts
and the commission's recommendations.

4. The commission may employ consultants and other staff within the
limits of any appropriations made for that purpose, or may employ senior
judges who may be compensated pursuant to section 476.682, and may call
upon the committee on legislative research, the state courts
administrator, and the research staffs of the house and the senate for
staff necessary to carry out the duties of the commission. The commission
may seek and receive gifts, donations and grants in aid from private or
other sources to defray expenses incurred in its assessment of judicial
resources. (L. 1989 S.B. 439 § 4, A.L. 1999 S.B. 1, et al.)

1. Any commissioner of the supreme court or commissioner of a
court of appeals who is unable to discharge the duties of his office with
efficiency by reason of continued sickness or physical or mental
infirmity shall be retired from office upon the en banc order of the
court appointing him.

2. No order retiring a commissioner shall be entered without the
commissioner involved having been given due notice and an opportunity to
be heard and without a finding by a majority of the court involved that
the commissioner's disability is permanent.

3. Any commissioner retired under the provisions of this section shall
receive as compensation during such retirement and until the end of the
term for which he was appointed a sum equal to one-half of the regular
compensation for that office.

4. Any commissioner retired under the provisions of this section shall
not be eligible to be made, constituted and appointed a special
commissioner as provided in sections 476.450 to 476.510 (nor to receive
the compensation provided therefor by sections 476.450 to 476.510) during
the period of his retirement under the provisions of this section but
upon the completion of such period he shall be and become eligible to be
made, constituted and appointed a special commissioner as provided in
sections 476.450 to 476.510 if he be otherwise qualified as to age and
length of service. (L. 1963 p. 656 § 1)

1. Any person having reached the age of sixty-five years and
having in this state served an aggregate of twelve years, continuously or
otherwise, as a judge or commissioner of the supreme court, or as a judge
or commissioner of any of the courts of appeals, or as a circuit judge,
or as a judge of a court of criminal correction, or as a judge of a court
of common pleas, or either or both as judge or commissioner of any of
said courts, and who shall have ceased to hold such office by reason of
the expiration of his term, or voluntary resignation or retirement by
reason of having reached the age of seventy-five years, under section 25,
article V, of the Constitution of Missouri, shall, if he so elects as
hereinafter provided, be made, constituted and appointed a special
commissioner or referee for and during the remainder of his life and
shall, while he remains a resident of Missouri, be entitled to and shall
receive as annual compensation, salary or retirement compensation during
the remainder of his life a sum equal in amount to one-half the salary or
compensation provided for by law on January 1, 1989, for the office from
which he has retired, except as follows:

(1) For the period from August 13, 1986, until January 1, 1988, the
annual compensation, salary or retirement compensation shall equal forty
percent of the salary or compensation provided by law on August 13, 1986,
for the office from which he has retired;

(2) For the period January 1, 1988, through December 31, 1988, the annual
compensation, salary or retirement compensation shall equal forty-five
percent of the salary or compensation provided by law on January 1, 1988,
for the office from which he has retired.

2. A judge of the supreme court who ceased or ceases to hold office by
reason of the expiration of his term, voluntary resignation, or
retirement from the supreme court and who is sixty-five years of age or
older and has served an aggregate of at least eight years or who is sixty
years of age or older and has served an aggregate of at least twelve
years, continuously or otherwise, as a judge of the supreme court may
elect, before June 30, 1988, to be made, constituted and appointed a
special commissioner or referee and shall receive as annual compensation,
in lieu of the compensation provided by subsection 1 of this section,
one-half of the salary or compensation provided by law at the time of
such election under this subsection for the office from which he has
retired. (L. 1951 p. 442 § 1, A.L. 1986 H.B. 1496, A.L. 1987 H.B. 713,
A.L. 1997 H.B. 356)

The meaning of the terms hereinafter defined shall encompass the
following meanings except where the context clearly reveals otherwise:

(1) In sections 476.450 and 476.470, the term "section 25 of article V of
the Constitution of Missouri" refers to the section of the constitution
which was so designated in the text of the constitution prior to January
1, 1972.

(2) In sections 476.450 and 476.453, the term "judge of the circuit
court" means "circuit judge".

(3) In section 476.455, the term "section 29, article V of the
constitution" refers to the section of the constitution which was so
designated in the text of the constitution prior to January 2, 1979, and
refers to the nonpartisan court plan.

(4) In section 476.456, the term "courts provided for under sections 16
and 18, article V of the constitution" refers to the probate and
magistrate courts which were provided for in the constitution prior to
January 2, 1979, and the divisions of the circuit court after that date
which replace such courts.

(5) From and after January 2, 1979, the judicial offices listed in
section 476.458 shall be deemed to include those judgeships replacing the
named judgeships by reason of the adoption of Constitutional Amendment
No. 6 at the election of August 3, 1976. To the extent that the
provisions of section 476.458 are inconsistent with provisions contained
in said Constitutional Amendment No. 6, as provisions of Constitutional
Amendment No. 6 become effective such provisions shall control to the
exclusion of the contrary provisions contained in section 476.458.

(6) In subdivision (4) of section 476.515, the term "judge of any circuit
court" includes a circuit judge and an associate circuit judge, but does
not include a municipal judge.

(7) In section 476.520, the term "subsection 2 of section 27 of article V
of the Constitution of Missouri" refers to the section of the
constitution which was so designated in the text of the constitution
prior to January 2, 1979, and to subsection 2 of section 24 of article V
of the constitution in effect after that date.

(8) In sections 476.520 and 476.535, the term "section 30 of article V of
the constitution" refers to the section of the constitution which was so
designated in the text of the constitution prior to January 2, 1979, and
to subsection 1 of section 26 of article V of the constitution in effect
after that date.

(9) In section 476.550, the term "section 27 of article V of the
Constitution of Missouri" refers to the section of the constitution which
was so designated in the text of the constitution prior to January 2,
1979, and to section 24 of article V of the constitution after that date.

(10) In section 476.575, the term "judge" shall not include a municipal
judge. (L. 1978 H.B. 1634)

Effective 1-2-79

As part of the compensation of a special commissioner or
referee, when he dies his beneficiary shall receive one-half of the
compensation the special commissioner or referee was receiving at his
date of death, payable monthly. (L. 1982 S.B. 497 § 476.597, A.L. 1983
H.B. 713 Revision, A.L. 1988 S.B. 425)

Any person having reached the age of sixty-five years and having
served in this state an aggregate of twelve years, continuously or
otherwise, as a judge or commissioner of any court mentioned in section
476.450, or having served in this state continuously for six years as a
judge of any court mentioned in section 476.450 prior to the effective
date of this section, shall, if he so elects, be made, constituted and
appointed a special commissioner or referee for and during the remainder
of his life, as provided and in the manner set forth in section 476.500,
and when so appointed shall receive the same compensation as provided by
law for special commissioners or referees, made, constituted or appointed
under the provisions of section 476.450, and shall be subject to and
comply with all the provisions of chapter 476 applicable to special
commissioners or referees, the same as special commissioners or referees
made, constituted or appointed under the provisions of section 476.450.
(L. 1959 S.B. 288 § 476.451)

Any person having reached the age of sixty-five years, and
having served an aggregate of twelve years continuously or otherwise as a
judge of any of the courts whose judge or judges are required to be
selected under the provisions of section 29, article V of the
constitution, shall have the same rights and privileges upon the same
conditions as are provided for the judges and commissioners specified in
section 476.450. (L. 1953 p. 391 § 1)

1. Any person whether or not a licensed attorney having reached
the age of sixty-five years, and having any prior judicial service except
as a police judge or justice of the peace of twelve years or more on
October 13, 1969, or having served an aggregate of twelve years
continuously or otherwise as judge or commissioner of any of the courts
provided for under the provisions of sections 16 and 18, article V of the
constitution, shall have the same rights and privileges upon the same
conditions as are provided for the judges and commissioners specified in
section 476.450.

2. Any judge presently serving as a magistrate or probate judge is
entitled to include any time he has served as a justice of the peace of
this state in computing the prior judicial service required by this
section. (L. 1969 p. 554)

1. Except as otherwise provided in this section, or by any other
law, magistrate judges, probate judges, and probate ex officio magistrate
judges shall retire at the age of seventy years and may participate, if
otherwise eligible, in the retirement plan established by sections
476.515 to 476.570, except that, the provisions of sections 476.458,
478.015, 478.021, 478.071, 478.072, 482.040, 482.090, 482.230, 482.300 to
482.365 and 483.497, RSMo, shall not prevent any person holding the
office of magistrate judge, probate judge or probate ex officio
magistrate judge, or any person elected or appointed to the office of
magistrate judge, probate judge or probate ex officio magistrate judge
from holding office during the remainder of the term to which he was
elected or appointed.

2. Any magistrate judge, probate judge not under the nonpartisan court
plan, or probate ex officio magistrate judge who on August 13, 1976, or
within six months thereafter, is seventy years of age or older, may
petition the commission on retirement, removal and discipline to continue
to serve until age seventy-six if he has not completed a total of twelve
years of service as a judge. Except as otherwise provided by any other
law, any magistrate judge, probate judge not under the nonpartisan court
plan, or probate ex officio magistrate judge, who is in office on August
13, 1976, may, within six months before attaining the age of seventy
years, petition the commission on retirement, removal, and discipline to
be allowed to serve after he has attained that age until age seventy-six
or has completed a total of twelve years of service as a judge, whichever
shall occur first. If the commission finds the petitioner to be able to
perform his duties and approves such service, the petitioner may continue
to serve as such a judge until age seventy-six if he has not completed a
total of twelve years of service as a judge at such age. No person shall
be permitted to serve as such a judge beyond the age of seventy-six years
regardless of whether or not he has completed a total of twelve years
except for the purpose of completing the term to which he was elected or
appointed, as provided in subsection 1 of this section.

3. Any magistrate, regardless of age elected in 1976 to fill an unexpired
term shall be permitted to complete that term. (L. 1976 H.B. 1317 & 1098
§ 5)

(1978) Held, statute does not violate equal protection and due process.
O'Neil v. Baine (Mo.), 568 S.W.2d 761.

Each such special commissioner or referee shall be subject to
call by the supreme court for temporary duty in any court of the state to
render such duties as may be directed by the supreme court or as may now
or hereafter be prescribed by law. (L. 1951 p. 442 § 2)

Any judge retiring from office under the provisions of section
27, article V of the Constitution of Missouri, shall not be eligible for
the retirement provided by sections 476.450 to 476.510 during the period
of his compensation under such constitutional provisions, but upon the
completion of such period he shall be and become eligible for the
retirement privileges provided for in sections 476.450 to 476.510 if he
be otherwise qualified as to age and length of service. (L. 1951 p. 442 §
3)

1. Sections 476.450 to 476.510 shall not apply to any person who
has been convicted of a felony in any court or who has been impeached or
removed from office for misconduct for acts involving moral turpitude.

2. The board of trustees of the Missouri state employees' retirement
system shall cease paying benefits to any beneficiary of a judge who is
charged with the intentional killing of the judge without legal excuse or
justification. A beneficiary who is convicted of such charge shall no
longer be entitled to receive benefits. If the beneficiary is not
convicted of such charge, the board shall resume payment of benefits and
shall pay the beneficiary any benefits that were suspended pending
resolution of such charge. (L. 1951 p. 442 § 4, A.L. 1993 S.B. 88, A.L.
1997 H.B. 356)

In addition to the compensation herein provided, any such
special commissioner or referee shall be allowed and paid out of the
general revenue, his actual expenses incurred in performing such services
outside the county of his residence. (L. 1951 p. 442 § 5)

Any person who desires to accept the provisions of sections
476.450 to 476.510 shall notify the governor in writing of such fact; and
if he be qualified the governor shall certify such fact to the
commissioner of administration and state auditor and to the chief justice
of the supreme court. (L. 1951 p. 442 § 6)

Any person under the age of seventy-six who retires or is
retired under the provisions of sections 476.450 to 476.510 may engage in
the practice of law if he makes himself available to serve as appointed
defense counsel for indigent persons who may be charged with a violation
of any of the criminal laws of this state. Such appointments shall not
exceed six cases involving prosecution for a violation of a criminal law
classified as a felony in any calendar year, and any person so appointed
shall not receive any compensation therefor but may be reimbursed for his
actual and necessary out-of-pocket expenses from funds appropriated for
the support of public defender activities. The supreme court may excuse
any such person from so serving as appointed defense counsel upon a
showing of physical or mental condition which would preclude such
service. Any person of the age of seventy-six or over who retires or is
retired under the provisions of sections 476.450 to 476.510 may engage in
the practice of law without making himself available to serve as
appointed defense counsel. (L. 1951 p. 442 § 7, A.L. 1981 H.B. 835, et
al.)

Effective 5-12-81

1. As used in sections 476.515 to 476.565, unless the context
clearly indicates otherwise, the following terms mean:

(1) "Beneficiary", a surviving spouse married to the deceased judge
continuously for a period of at least two years immediately preceding the
judge's death or if there is no surviving spouse eligible to receive
benefits pursuant to sections 476.515 to 476.565, the term "beneficiary"
shall mean any minor child of the deceased judge, who shall share in the
benefits on an equal basis with all other beneficiaries;

(2) "Benefit", a series of equal monthly payments payable during the life
of a judge retiring pursuant to the provisions of sections 476.515 to
476.565 or payable to a beneficiary as provided in sections 476.515 to
476.565; all benefits paid pursuant to sections 476.515 to 476.565 in
excess of any contributions made to the system by a judge shall be
considered to be a part of the compensation provided a judge for the
judge's services;

(3) "Commissioner of administration", the commissioner of administration
of the state of Missouri;

(4) "Judge", any person who has served or is serving as a judge or
commissioner of the supreme court or of the court of appeals; or as a
judge of any circuit court, probate court, magistrate court, court of
common pleas or court of criminal corrections of this state; as a justice
of the peace; or as commissioner or deputy commissioner of the circuit
court appointed after February 29, 1972;

(5) "Salary", the total compensation paid for personal services as a
judge by the state or any of its political subdivisions.

2. A surviving spouse whose benefits were terminated because of
remarriage prior to October 1, 1984, shall, upon written application to
the board within six months after October 1, 1984, have the surviving
spouse's rights as a beneficiary restored. Benefits shall resume as of
October 1, 1984. (L. 1971 S.B. 132 § 1, A.L. 1977 S.B. 364, A.L. 1984
H.B. 1370 merged with S.B. 491, A.L. 1988 S.B. 425, A.L. 1989 H.B. 674,
A.L. 1995 H.B. 416, et al., A.L. 1997 H.B. 356, A.L. 1999 S.B. 1, et al.)

Any judge who is or has been a commissioner or deputy
commissioner of the circuit court appointed after February 29, 1972, who
has received creditable service pursuant to chapter 104, RSMo, and
sections 476.515 to 476.565, based on service as a commissioner or deputy
commissioner shall make a one-time retirement plan election upon
application to receive retirement benefits. Such judge shall elect to:

(1) Receive retirement benefits based on all of the judge's service as a
commissioner or deputy commissioner of the circuit court pursuant to
section 104.374 or 104.1024, RSMo, or sections 476.515 to 476.565; or

(2) Receive retirement benefits pursuant to section 104.374 or 104.1024,
RSMo, based on the judge's service as a commissioner or deputy
commissioner of the circuit court prior to August 28, 1999, and receive
retirement benefits pursuant to sections 476.515 to 476.565 based on the
judge's service as a commissioner or deputy commissioner of the circuit
court on or after August 28, 1999. (L. 2001 S.B. 371, A.L. 2002 H.B. 1455)

Effective 7-11-02

1. Any person, sixty-two years of age or older, who has served
in this state an aggregate of at least twelve years, continuously or
otherwise, as a judge, and who, after September 3, 1970, ceased or ceases
to hold office by reason of the expiration of the judge's term, voluntary
resignation, or retirement pursuant to the provisions of subsection 2 of
section 24 of article V of the Constitution of Missouri may receive
benefits as provided in sections 476.515 to 476.565. All judges required
by the provisions of section 30 of article V of the constitution to
retire at the age of seventy years shall retire upon reaching that age,
and if they have served in this state an aggregate of at least twelve
years, continuously or otherwise, as a judge, shall receive benefits as
provided in sections 476.515 to 476.565. The twelve-year requirement of
this subsection may be fulfilled by service as judge in any of the courts
covered, or by service in any combination as judge of such courts,
totaling an aggregate of twelve years.

2. Any person sixty years of age or older, who has served in this state
an aggregate of at least fifteen years, continuously or otherwise, as a
judge, and who ceased or ceases to hold office by reason of the
expiration of the judge's term, voluntary resignation, or retirement
pursuant to the provisions of subsection 2 of section 24 of article V of
the Constitution of Missouri may receive benefits as provided in sections
476.515 to 476.565. The fifteen-year requirement of this subsection may
be fulfilled by service as judge in any of the courts covered, or by
service in any combination as judge of such courts, totaling an aggregate
of at least fifteen years.

3. Any person fifty-five years of age or older, who has served in this
state an aggregate of at least twenty years, continuously or otherwise,
as a judge, and who ceases to hold office by reason of the expiration of
his or her term, voluntary resignation or retirement pursuant to the
provisions of subsection 2 of section 24 of article V of the Constitution
of Missouri may receive benefits as provided in sections 476.515 to
476.565. The twenty-year requirement of this subsection may be fulfilled
by service as judge in any of the courts covered, or by service in any
combination as judge of such courts, totaling an aggregate of at least
twenty years. Any judge who terminated employment prior to August 28,
1999, and who otherwise would qualify for benefits pursuant to this
subsection shall upon application to the board of trustees be made,
constituted and appointed and employed by the board as a special
consultant on the problems of retirement for the remainder of the
person's life. As compensation for such services, the consultant shall be
eligible to retire pursuant to this subsection upon completing a
retirement application. In no event shall the system pay retirement
benefits for any period prior to the date such application is processed
by the system. Any judge who elects not to retire pursuant to this
subsection and continues to serve beyond age fifty-five shall not be
eligible to receive the increases described in section 476.690 for any
time served prior to age sixty.

4. Any person who terminated employment prior to August 13, 1988, shall
upon application to the board of trustees of the Missouri state
employees' retirement system, be made, constituted and appointed and
employed by the board as a special consultant on the problems of
retirement, aging and other state matters for the remainder of the
person's life. Upon request of the board or the court from which the
person retired, the consultant shall give opinions or be available to
give opinions in writing or orally in response to such request. As
compensation for such services, the consultant shall be eligible to
retire pursuant to the provisions of this section or section 476.545. (L.
1971 S.B. 132 § 2, A.L. 1987 H.B. 713, A.L. 1988 S.B. 425 merged with
H.B. 1242 Revision, A.L. 1997 H.B. 356, A.L. 1999 S.B. 308 & 314)

Any judge as defined in section 476.515 who had performed active
service in the United States Army, Air Force, Navy, Marine Corps, Army or
Air National Guard, Coast Guard, or any reserve component thereof prior
to holding office, may elect prior to retirement, to purchase all of his
or her creditable prior service equivalent to such service in the armed
forces, but not to exceed four years, if he or she is not receiving and
is not eligible to receive retirement credits or benefits from any other
public or private retirement plan for the service to be purchased, and an
affidavit so stating shall be filed by the judge with the Missouri state
employees' retirement system. However, if the judge is eligible to
receive retirement credits in a United States military service retirement
system, he or she shall be permitted to purchase creditable prior service
equivalent to his or her service in the armed forces but not to exceed
four years, any other provision of law to the contrary notwithstanding.
The purchase shall be effected by the judge's submission of the
appropriate documentation verifying the judge's dates of active service
and by paying to the Missouri state employees' retirement system an
amount equal to what would have been contributed by the state on the
judge's behalf had the judge been a judge for the period for which the
judge is electing to purchase credit and had the judge's compensation
during such period of membership been the same as the annual salary rate
at which the judge was initially employed, with the calculations based on
the assumed or actual contribution rate in effect on the date of
employment with simple interest calculated from the initial date of
employment of the judge to the date of election pursuant to this section.
The payment shall be made over a period of not longer than two years,
measured from the date of election, with simple interest on the unpaid
balance. All payments for purchase of service pursuant to this section
shall be set aside in a reserve fund for funding of said benefits.
Payments made for such creditable prior service pursuant to this section
shall be treated by the Missouri state employees' retirement system as
would contributions made by the state and shall not be subject to any
prohibition on member contributions or refund provisions in effect at the
time of enactment of this section. (L. 1987 H.B. 713, A.L. 1989 H.B. 674,
A.L. 1992 S.B. 499, et al., A.L. 1997 H.B. 356, A.L. 2001 S.B. 371)

The retirement compensation shall be equal to fifty percent of
the compensation which was in effect, at the time of the judge's
termination of employment as a judge for the highest judicial position
that the judge ever held on a full-time basis. Retirement compensation
shall be paid to the retired judge monthly during the remainder of the
judge's life. (L. 1971 S.B. 132 § 4, A.L. 1997 H.B. 356)

(1999) Retirement benefits for former circuit judge should be based on
salary of circuit judges at time judge resigned, rather than when
benefits became payable. Russell v. Missouri State Employees' Retirement
System, 4 S.W.3d 554 (Mo.App.W.D.).

1. On and after August 28, 1995, if a person who is serving as a
judge as defined in section 476.515, or a person had served as a judge
and who has been approved for long-term disability benefits, dies,
retirement compensation shall be paid in monthly installments to such
person's beneficiary in the amount equal to fifty percent of the amount
of the retirement compensation provided in section 476.530 regardless of
the period of the person's judicial service; except that where the period
of service could not have been twelve years or more because of the
mandatory retirement provisions of article V, section 30*, of the
Missouri Constitution, the retirement compensation provided by this
subsection shall be reduced by the proportion that the number of years
that he would have lacked serving twelve years had he been able to serve
until mandatory retirement bears to twelve years.

2. If a person dies who has served in this state an aggregate of twelve
years, continuously or otherwise, as a judge, and who, after September
28, 1971, ceased or ceases to hold office by reason of the expiration of
the person's term or voluntary resignation, but who was not retired under
the provisions of this section, nor withdrawn the person's contributions
except as provided in section 476.585, retirement compensation shall be
paid in monthly installments to the person's beneficiary in the amount
equal to fifty percent of the amount of retirement compensation provided
in section 476.530.

3. If a person who has retired under the provisions of sections 476.515
to 476.570** dies, the person's beneficiary shall receive an amount equal
to fifty percent of the amount of the retirement compensation that person
was receiving at the person's date of death, paid in monthly installments
to the person's beneficiary.

4. This section shall not increase, decrease or eliminate any benefits
which were being paid to or to which a beneficiary was entitled on or
before August 12, 1974. (L. 1971 S.B. 132 § 5, A.L. 1974 S.B. 422, A.L.
1982 S.B. 497, A.L. 1988 S.B. 425, A.L. 1995 H.B. 416, et al.)

*Article V, Section 30, of the Missouri Constitution was repealed by
S.J.R. 24, 1976.

**Section 476.570 was repealed by H.B. 1634, 1978.

In the event that any judge leaving no surviving spouse or any
surviving spouse receiving benefits under section 476.535 as a
beneficiary dies leaving dependents who are unable to care for or support
themselves because of any mental retardation, disease or disability, or
any physical handicap or disability, the benefits that would be received
by a surviving spouse on the judge's death if there were a surviving
spouse or the benefits received by such surviving spouse, as the case may
be, shall be paid to such surviving dependent for the remainder of such
dependent's life. If the judge or such surviving spouse leaves more than
one dependent who would be eligible for benefits under this section, then
each eligible dependent shall receive a pro rata* share of the amount
that would be paid to a surviving spouse under section 476.535. (L. 1981
H.B. 835, et al., A.L. 1989 H.B. 610)

Effective 6-14-89

*Word "rate" appears in original rolls.

1. Upon application to the board of trustees of the Missouri
state employees' retirement system, a surviving spouse of a judge who
died while serving as a judge and who had served at least twenty-five
years as a judge shall be made, constituted, appointed, and employed by
the board as a special consultant on the problems of surviving spouses
and other state matters for the remainder of the surviving spouse's life
if the surviving spouse was married to the deceased judge continuously
for twenty-five years immediately preceding the judge's death and also on
the day of the judge's death and if the surviving spouse is not eligible
to receive benefits under section 476.452 or 476.535. Upon request of the
board the consultant shall give opinions or be available to give opinions
in writing or orally in response to such requests. As compensation the
consultant shall receive an annual amount equal to one-half of the
compensation of a special commissioner or referee as provided in section
476.450.

2. Upon application to the board of trustees of the Missouri state
employees' retirement system, a surviving spouse of a judge, as defined
in section 476.515, who dies on or after January 1, 1989, and who has at
least eleven years of creditable service as a judge shall be made,
constituted, appointed, and employed by the board as a special consultant
on the problems of surviving spouses and other state matters for the
remainder of the surviving spouse's life if the surviving spouse was
married to the deceased judge continuously for at least ten years
immediately preceding the judge's death and also on the day of the
judge's death and if the surviving spouse is not eligible to receive
benefits under section 476.452 or 476.535. Upon request of the board the
consultant shall give opinions or be available to give opinions in
writing or orally in response to such requests. As compensation the
consultant shall receive, beginning on the date the deceased judge would
have been eligible to receive an annuity, an annual amount equal to
one-half of the compensation the judge would receive as if the judge was
eligible to retire with a full annuity on the date of the judge's death.

3. Upon application to the board of trustees of the Missouri state
employees' retirement system, a surviving spouse, under subsection 1 of
section 476.515, of a judge who was approved for long-term disability
benefits and dies on or after January 1, 1994, shall be made,
constituted, appointed and employed by the board as a special consultant
on the problems of surviving spouses and other state matters for the
remainder of the surviving spouse's life. Upon request of the board the
consultant shall give opinions or be available to give opinions in
writing or orally in response to such request. As compensation the
consultant's benefit effective on the date the judge died shall be
increased to an annual amount equal to fifty percent of the amount of
retirement compensation provided in section 476.530 regardless of the
period of the person's judicial service.

4. The compensation provided for in this section shall not be subject to
execution, garnishment, attachment, writ of sequestration, or any other
process or claim whatsoever, and shall be unassignable, anything to the
contrary notwithstanding. (L. 1987 H.B. 713, A.L. 1989 H.B. 674, A.L.
1995 H.B. 416, et al., A.L. 1997 H.B. 356)

Any person ceasing to hold office as a judge as defined in
section 476.520, for any reason other than death or retirement, may make
written application to the commissioner of administration for a refund of
his contributions under sections 476.515 to 476.570. On receipt of the
written application, the commissioner of administration shall pay the
refund in one lump sum which shall equal the total amount of such
contributions under sections 476.515 to 476.570. Any person receiving
such refund except as provided in section 476.585 thereby waives all
rights to retirement compensation under sections 476.515 to 476.570. If
such person again becomes a judge of any court covered by sections
476.515 to 476.570, he may restore all amounts previously received as a
refund, together with interest as determined by the trustees of the
Missouri state retirement system that the contributions would have earned
if they had not been previously withdrawn, except that he shall not be
required to restore any amounts received pursuant to section 476.585.
Upon the restoration, and not otherwise, the prior service as a judge
shall be counted toward the twelve years of service necessary to qualify
for full retirement compensation. (L. 1971 S.B. 132 § 6, A.L. 1982 S.B.
497)

1. Any judge subject to sections 476.515 to 476.565 who is at
least sixty-two years old and who has served less than twelve years and
is otherwise qualified under sections 476.515 to 476.565 may retire at
age sixty-two, or thereafter, at a reduced retirement compensation in a
sum equal to the proportion of the retirement compensation provided in
section 476.530 that his period of judicial service bears to twelve years.

2. Any judge subject to sections 476.515 to 476.565 who is at least sixty
years old and who has served less than fifteen years and is otherwise
qualified under sections 476.515 to 476.565 may retire at age sixty, or
thereafter, at a reduced retirement compensation in a sum equal to the
proportion of the retirement compensation provided in section 476.530
that his period of judicial service bears to fifteen years. (L. 1971 S.B.
132 § 7, A.L. 1986 H.B. 1496, A.L. 1987 H.B. 713, A.L. 1988 H.B. 1242
Revision)

Any person retiring from office under the provisions of section
27 of article V of the Constitution of Missouri shall not be eligible for
retirement compensation under sections 476.515 to 476.570 during the
period of his compensation under such constitutional provisions, but upon
the completion of such period he shall become eligible for retirement
compensation under sections 476.515 to 476.570 if he be otherwise
qualified as to age and length of service. (L. 1971 S.B. 132 § 8)

Upon the death of any judge, who has made contributions pursuant
to sections 476.515 to 476.570*, not leaving a surviving spouse or minor
children, the commissioner of administration shall pay a death benefit in
a single payment to the decedent's estate. The death benefits shall be
the total amount of all contributions made by the deceased judge pursuant
to sections 476.515 to 476.570* less any contributions previously
refunded pursuant to section 476.540, and not restored, and less any
benefit received pursuant to section 476.530 or 476.545. (L. 1971 S.B.
132 § 9, A.L. 1997 H.B. 356)

*Section 476.570 was repealed by H.B. 1634, 1978.

Except as provided in section 476.540, the benefits under
sections 476.515 to 476.570 shall not apply to any judge who has been
convicted of a felony in any court or who has been removed from office by
impeachment or for misconduct or disbarred from the practice of law. (L.
1971 S.B. 132 § 10)

Any person under the age of seventy-six who receives retirement
compensation under the provisions of sections 476.515 to 476.570 may
engage in the practice of law or do law business at any time after his
retirement if he makes himself available to serve as appointed defense
counsel for indigent persons who may be charged with a violation of any
of the criminal laws of this state. Such appointments shall not exceed
six cases involving prosecution for a violation of a criminal law
classified as a felony in any calendar year, and any person so appointed
shall not receive any compensation therefor but may be reimbursed for his
actual and necessary out-of-pocket expenses from funds appropriated for
the support of public defender activities. The supreme court may excuse
any such person from so serving as appointed defense counsel upon a
showing of physical or mental condition which would preclude such
service. Any person of the age of seventy-six or over who retires or is
retired under the provisions of sections 476.515 to 476.570 may engage in
the practice of law without making himself available to serve as
appointed defense counsel. (L. 1971 S.B. 132 § 11, A.L. 1981 H.B. 835, et
al.)

Effective 5-12-81

As used in sections 476.575, 476.580, 476.585, 476.590, and
476.595 of this act*, the following terms shall mean:

(1) "Board", the board of trustees of the Missouri state employees'
retirement system;

(2) "Judge", a judge of the supreme court, judge of the court of**
appeals, circuit court, the St. Louis court of criminal corrections,
court of common pleas, associate division of the circuit court, probate
division of the circuit court, and commissioner of the supreme court, and
all retired judges and commissioners of such courts. (L. 1976 S.B. 513 §
1, A.L. 1977 S.B. 94)

*"This act" contains sections 476.575 and 476.590 only.

**Words "court of" do not appear in original rolls.

On September 1, 1976, the Missouri state employees' retirement
system shall administer the retirement benefits of all judges provided
for in this chapter and, unless otherwise provided by law, effective July
1, 1998, the commissioner of administration, the state treasurer and the
executive director of the Missouri state employees' retirement system
shall perform the same duties in regard to the retirement system
established pursuant to the provisions of this chapter that are
prescribed for such officers in sections 104.436 and 104.438, RSMo, in
regard to the Missouri state employees' retirement system. Funds so
certified and transferred for the retirement system established pursuant
to the provisions of this chapter shall be deposited in a separate
account of the Missouri state employees' retirement system and shall be
disbursed only for the purposes of the retirement system established
pursuant to the provisions of this chapter. Until July 1, 1998,
retirement benefits provided for in this chapter shall be paid monthly
out of the general revenue of the state of Missouri. The system shall
calculate the annuity provided to a judge, as defined in section 476.515,
based on the law in effect at the time the judge's employment was
terminated. (L. 1976 S.B. 513 § 2, A.L. 1997 H.B. 356)

1. No payroll deduction shall be made from the compensation of
any judge for retirement benefits after September 1, 1976.

2. Any judge holding office on September 1, 1976, who thereafter retires,
shall be paid by the commissioner of administration the total amount of
contributions paid by him under the provisions of section 476.525, not
previously refunded, together with the interest as computed by the board
of trustees of the Missouri state retirement system and this amount shall
be in addition to any retirement benefits to which he is entitled. Any
judge who fails to become eligible for retirement because of lack of
service may at any time after leaving office request and receive his
accumulated contributions and interest.

3. When a judge who is in office dies on or after September 1, 1976, the
commissioner of administration shall pay to such beneficiary as the judge
may have designated in writing, or to his estate if no beneficiary be
designated, an amount equal to the total amount of contributions paid by
him under the provisions of section 476.525, not previously refunded,
together with interest as provided in subsection 2 of this section.

4. When a judge, as defined in section 476.515, requests in writing, the
board shall pay to that judge within ninety days from general revenue all
accumulated contributions made through September 1, 1976, and not
previously refunded, plus credited interest to the date the payment is
made by the board. Such refund of contributions and interest shall not in
any way change any benefits or rights to which the judge may be entitled.
(L. 1976 S.B. 513 § 3, A.L. 1981 H.B. 835, et al., A.L. 1982 S.B. 497)

The board shall provide or contract for life insurance benefits
under the provisions of section 104.515, RSMo, for judges who, for the
purpose of that section, shall be considered members of the Missouri
state employees' retirement system with the amount of life insurance
benefits based on the creditable service of the judges as provided in
section 104.515, RSMo. (L. 1976 S.B. 513 § 4, A.L. 1977 S.B. 94, A.L.
1992 H.B. 1574)

1. If the person so elects, any person receiving benefits
pursuant to section 476.530 shall be made, constituted and appointed a
special commissioner or referee for and during the remainder of the
person's life, as provided and in the manner set forth in section
476.500. When so appointed the special commissioner or referee shall
receive the same compensation as provided by law for special
commissioners or referees made, constituted or appointed pursuant to the
provisions of section 476.450.

2. If the person so elects, any person receiving benefits pursuant to
section 476.545 shall also be made, constituted and appointed a special
commissioner or referee for and during the remainder of the person's life
as provided and in the manner set forth in section 476.500. When so
appointed, the special commissioner or referee shall be reimbursed for
expenses as provided in section 476.490, and shall receive a reduced
annual compensation in a sum equal to the proportion of the compensation
provided in section 476.450 that the person's period of service bears to
twelve years.

3. Any person electing to become a special commissioner or referee
pursuant to this section shall be subject to the provisions of sections
476.460, 476.480, 476.490, 476.510, subdivision (1) of section 476.515,
sections 476.537 and 476.590. On the effective date of the person's
election, the person shall cease to be subject to any other provision of
sections 476.515 to 476.590.

4. Upon the effective date of this election to become a special
commissioner or referee, the special commissioner or referee may make
written application to the commissioner of administration for a refund of
the person's contributions pursuant to sections 476.515 to 476.570*. On
receipt of the written application the commissioner of administration
shall pay the refund in one lump sum which shall equal the total amount
of such contributions pursuant to sections 476.515 to 476.570*. (L. 1976
S.B. 513 § 5, A.L. 1982 S.B. 497, A.L. 1997 H.B. 356)

*Section 476.570 was repealed by H.B. 1634, 1978.

1. Beginning January 1, 1989, any person who was employed prior
to August 28, 1997, who is receiving or thereafter shall receive
retirement benefits pursuant to section 476.450, 476.530, 476.545, or
476.595, upon application to the board of trustees of the Missouri state
employees' retirement system shall be made, constituted, appointed, and
employed by the board as a special consultant on the problems of
retirement, aging and other state matters for the remainder of the
person's life. Upon request of the board or the court from which the
person retired, the consultant shall give opinions or be available to
give opinions in writing or orally in response to such requests. As
compensation the consultant shall receive in addition to all other
compensation provided by law a percentage increase in compensation each
year computed upon the total amount that the consultant received in the
previous year from state retirement benefits of eighty percent of the
increase in the consumer price index calculated in the manner specified
in section 104.415, RSMo. Any such annual increase in compensation,
however, shall not exceed five percent, nor be less than four percent.
The total increase in compensation pursuant to the provisions of this
subsection to each special consultant who also receives benefits pursuant
to section 476.530 or 476.545 shall not exceed sixty-five percent of the
initial benefit that the person receives after August 13, 1986. The total
increase in compensation pursuant to the provisions of this subsection to
each special consultant who also receives benefits pursuant to section
476.450 or 476.595 shall not exceed sixty-five percent of the initial
benefit that the person receives after January 1, 1989.

2. As additional compensation for the services described in subsection 1
of this section, each special consultant shall receive an annual
percentage increase in the retirement benefit payable equal to eighty
percent of the increase in the consumer price index. Such benefit
increase, however, shall not exceed five percent of the retirement
benefit payable prior to the increase. The annual benefit increase
described in this subsection shall not be effective until the year in
which the special consultant reaches the limit on total annual increases
provided by subsection 1 of this section. During that year on the
anniversary date of the special consultant's retirement, the special
consultant shall receive the benefit increase described in subsection 1
of this section or this subsection, whichever is greater. After that
year, the special consultant shall receive the annual benefit increase
described in this subsection. Any special consultant who reaches the
limit on total annual benefit increases provided by subsection 1 of this
section prior to October 1, 1996, shall receive the benefit increase
described in this subsection on September 1, 1997. Any special consultant
who reaches the limit on total annual benefit increases provided by
subsection 1 of this section on or after October 1, 1996, but before
September 1, 1997, shall receive the benefit increase described in this
subsection beginning on the anniversary date of the special consultant's
retirement following September 1, 1997. In no event shall any retroactive
annual benefit increases be paid under this subsection to any special
consultant who reached the limit provided in subsection 1 of this section
prior to August 28, 1997.

3. Each person who is employed for the first time as a judge on or after
August 28, 1997, and retires shall be entitled annually to a percentage
increase in the retirement benefit payable equal to eighty percent of the
increase in the consumer price index. Such benefit increase, however,
shall not exceed five percent of the retirement benefit payable prior to
the increase.

4. Survivors of members described in subsection 3 of this section shall
be entitled to the annual benefit increase described in subsection 3 of
this section.

5. The compensation provided for in this section shall be payable in
equal monthly installments and shall be consolidated with any retirement
benefits.

6. The compensation provided for in this section and any benefits
consolidated with the compensation shall be treated like any other state
retirement benefits payable by the Missouri state employees' retirement
system and shall not be subject to execution, garnishment, attachment,
writ of sequestration, or any other process or claim whatsoever, and
shall be unassignable. (L. 1986 H.B. 1496 § 476.600, A.L. 1995 H.B. 416,
et al., A.L. 1997 H.B. 356)

Any person who is a commissioner of the juvenile division of the
circuit court, appointed pursuant to section 211.023, RSMo, on October 1,
1989, may elect to transfer membership service earned under the
provisions of the Missouri state employees' retirement system as a
commissioner of the juvenile division of the circuit court to creditable
service as a judge as defined in section 476.515, if such person makes
written application to the board of trustees of the Missouri state
employees' retirement system and to the state courts administrator to
transfer such service prior to December 31, 1989, provided application is
made prior to the person receiving retirement benefits for such service.
In no event shall a person receive credit for the same period of service
under more than one retirement system or plan. (L. 1989 H.B. 674)

1. The votes on the question shall be counted, canvassed and
returned by the regular boards of judges, clerks and officers as votes
for candidates are counted, canvassed and returned, and the abstract made
by the officials in general charge of elections in each such county shall
be returned to the secretary of state on separate abstract sheets, in the
manner provided for abstract of votes for state and county officers.

2. The secretary of state, in the presence of the governor, sixty days
after the election, shall proceed to canvass the votes on the question;
and the governor shall forthwith issue his proclamation, giving the whole
number of votes cast in each such judicial circuit for and against the
question, and if the question is approved by a majority of those voting
thereon, declaring the nonpartisan selection of the circuit and associate
circuit judges to be in full force and effect in each such judicial
circuit as provided for in article V, section 29 of the constitution of
1945. (L. 1972 H.B. 622 § 5)

1. Any retired judge or retired commissioner receiving
retirement benefits under any of the applicable provisions of this
chapter, who is willing to serve as a senior judge or senior
commissioner, respectively, may make application for such service with
the clerk of the supreme court on forms provided by the clerk. The
application shall contain information relating to the prior legal and
judicial experience of the applicant, the applicant's physical and mental
health, and the times of the applicant's availability. The clerk may
request physical or mental examinations of any applicant and may request
that the applicant furnish or authorize the furnishing of any relevant
medical or other health records. An application shall be submitted to the
supreme court for approval or disapproval and shall be valid for a period
of one year from the date of approval.

2. Upon written request of the chief judge of any district of the court
of appeals or the presiding judge of any circuit, the supreme court may
appoint a senior judge or senior commissioner from the file of approved
applications maintained by the clerk of the supreme court. Appointments
to serve shall be based on caseload and need, as determined by the
supreme court in its discretion, taking into consideration reports filed
pursuant to section 476.412, recommendations made by the judicial
resources commission created herein and such other matters that the court
deems relevant. The appointment may be made for a specific case or cases
or for a specified period of time not to exceed one year. The appointment
may be extended for additional periods of time not to exceed one year
each if the appointed senior judge or senior commissioner maintains an
annual updated and approved application for appointment. Persons serving
as a senior judge or senior commissioner pursuant to the provisions of
this section shall receive compensation as provided in section 476.682.
(L. 1989 S.B. 439 § 2, A.L. 1999 S.B. 1, et al.)

1. Any person assigned as a senior judge or senior commissioner
pursuant to section 26 of article V of the Missouri Constitution and who
has served in this state an aggregate of at least two years, continuously
or otherwise, as a judge or commissioner, shall receive for each day of
service an amount equal to fifty percent of the current annual salary of
the office from which the judge or senior commissioner retired
attributable to one day of service. Notwithstanding the foregoing, any
judge or commissioner who has retired prior to August 28, 1999, who
serves subsequent to said date as a senior judge or commissioner may
receive compensation pursuant to this section regardless of their length
of service; and no senior judge or senior commissioner shall receive less
daily compensation than an amount, that when added to the daily amount of
annual compensation payable pursuant to sections 476.450 to 476.595, is
less than one hundred percent of the current annual salary of the office
from which the judge or commissioner retired attributable to one day of
service. For purposes of this subsection, one year shall equal two
hundred thirty-five days. No senior judge or senior commissioner shall
receive compensation pursuant to this subsection in a total amount that
when such compensation is added to the annual compensation, salary or
retirement compensation payable pursuant to sections 476.450 to 476.595,
the sum is greater than the current annual salary of the office from
which the judge or commissioner retired.

2. A senior judge or senior commissioner assigned pursuant to section 26
of article V of the Missouri Constitution for service outside the county
where he or she resides shall be reimbursed for his or her travel and
other actual and necessary expenses incurred in the performance of his or
her services.

3. On or before the tenth day of each month a senior judge or senior
commissioner shall certify to the state courts administrator the period
during the previous month during which he or she was assigned services
and, if such services were completed, the date thereof and at the same
time shall certify his or her expenses incurred and allowable under this
section. The state courts administrator shall then issue a warrant to the
state treasurer for the payment of the salary and expenses to the extent
and within limitations provided for in this section. The state treasurer
upon receipt of such warrant shall pay the same out of any appropriations
made for this purpose on the last day of the month during which the
warrant was received by him or her.

4. On or before the twentieth day of each month the state courts
administrator shall certify the period of service reported by each senior
judge or senior commissioner pursuant to subsection 3 of this section to
the Missouri state employees' retirement system. Any senior judge or
senior commissioner accumulating two hundred thirty-five days of such
service shall receive credit for one year of judicial service for
purposes of sections 476.520 and 476.545, for each two hundred
thirty-five days of service certified by the state courts administrator
to the Missouri state employees' retirement system, except, if a pro rata
portion of two hundred thirty-five days would cause the senior judge's or
senior commissioner's total judicial service to equal twelve years, the
Missouri state employees' retirement system shall credit the service at
the time the pro rata portion is certified. Upon receipt of such
certification, the retirement benefit of the senior judge or senior
commissioner shall be recalculated to reflect the attainment of twelve
years; the adjusted benefit will become effective the first of the month
following certification.

5. Notwithstanding the provisions of section 476.510 or 476.565, no
person shall receive benefits pursuant to the provisions of this section
if the person is engaged in the private practice of law or doing a law
business.

6. The judicial conference of the state of Missouri shall annually report
on the use of senior judges and senior commissioners pursuant to this
section. Such report shall include at least the number of senior judges
and senior commissioners assigned, the number of cases assigned and
disposed of by senior judges and senior commissioners, and the
expenditures made for that purpose. (L. 1988 S.B. 425 § 2, A.L. 1994 H.B.
1149, A.L. 1999 S.B. 1, et al.)

Except as provided in subsection 24 of section 27 of article V
of the Missouri Constitution, any judge who becomes eligible after August
13, 1988, for annual compensation, salary or retirement compensation
pursuant to sections 476.450 to 476.595, but fails to retire on or before
his seventieth birthday shall automatically waive all such annual
compensation, salary and retirement compensation. (L. 1988 S.B. 425 § 3)

Any person having at least four years of service as a judge, as
defined in section 476.515, and who had at least ten years of prior
service as a state employee prior to September 1, 1959, may reinstate
such service to receive prior service credit therefor if the person shall
pay into the fund an amount equal to any refund of contributions which
the person may have received, with simple interest thereon, to the date
application is made for such prior service credit. The person shall then
become a member of the Missouri state employees' retirement system.
Thereafter not more than fifty percent of such credit may be transferred
to and be counted as service as a judge for the purpose of calculating
retirement benefits for judicial service if retirement benefits as a
judge have not yet begun. (L. 1989 H.B. 674 § 2)

Notwithstanding any other law to the contrary, any person who
has reached the age of sixty-five years and has served, but is not
serving on August 28, 1992, as a magistrate judge in a city not within a
county and has not received creditable service in the judges' retirement
system for such service, shall be made, constituted, appointed, and
employed by the judges' retirement system as a special consultant on the
problems of retirement, aging and other state matters for the remainder
of the person's life. As compensation for such employment, the person
shall receive creditable service in the judges' retirement system for the
time that person served as a magistrate judge and be entitled to any
benefits provided by sections 476.450 to 476.683 that are applicable. (L.
1989 H.B. 674 § 476.681, A.L. 1992 S.B. 499, et al.)

Any judge as defined in section 476.515 who is actively serving
pursuant to this chapter or chapter 56, RSMo, and has served for at least
ten years shall receive additional credited service for previous public
employment with the state covered by another retirement plan as defined
in section 105.691, RSMo, if all of the following conditions are met:

(1) Such member has a vested right to receive a retirement benefit from
the other retirement plan at the time of application pursuant to this
section and is not a retiree under the other retirement plan;

(2) The other retirement plan transfers to the system an amount equal to
the employee's account balance under a defined contribution plan or the
amount equal to the employee's pension obligation under a defined benefit
plan at the time of transfer to the extent that obligation is funded as
of the plan's most recent actuarial valuation, not to exceed one hundred
percent, as determined by the other retirement plan's actuary using the
same assumption used in performing the last regular actuarial valuation
of the transferring plan, except that in no event shall the transferred
amount be less than the employee's accumulated contributions on deposit
with the transferring plan;

(3) No such credited service remains credited in such other retirement
plan;

(4) The member applies for the additional credited service in a manner
and form established by the appropriate board. (L. 2000 H.B. 1808)

Effective 7-1-00

Except as provided in section 104.312, RSMo, the compensation
provided for in sections 476.455 to 476.688, and any benefits
consolidated with the compensation, shall be treated like any other state
retirement benefits payable by the Missouri state employees' retirement
system and shall not be subject to execution, garnishment, attachment,
writ of sequestration or any other process or claim whatsoever, and shall
be unassignable except with regard to the collection of child support or
maintenance. (L. 1995 H.B. 416, et al., A.L. 1998 S.B. 910)

1. Any judge who has become eligible to receive retirement
compensation pursuant to section 476.520 and who has elected not to
retire and has continued to serve as a judge after August 28, 1995, shall
have added to the retirement compensation when the judge retires or dies
an amount equal to the total of all annual cost-of-living increases that
retired judges received between the time the judge first became eligible
to retire and the year the judge actually retires or dies. In no event
shall the total increase in compensation granted pursuant to this section
and section 476.601 exceed sixty-five percent of the judge's retirement
compensation calculated at the time of retirement or death.

2. Any judge who was eligible to retire on August 28, 1995, and elected
to continue to serve as a judge after such date, but who retired before
August 28, 1996, shall, upon application to the board of trustees of the
Missouri state employees' retirement system, be made, constituted and
appointed and employed by the board as a special consultant on the
problems of retirement, aging and other state matters for the remainder
of the person's life. Upon request of the board or the court from which
the judge retired, the consultant shall give opinions or be available to
give opinions in writing or orally in response to such request. As
compensation for such services, the consultant shall have the retirement
benefit recalculated from the date of the retirement, pursuant to the
provisions of subsection 1 of this section.

3. Any judge who retired prior to August 28, 1995, and who is receiving
judicial retirement compensation on September 1, 2000, shall upon
application to the board of trustees of the Missouri state employees'
retirement system be made, constituted and appointed and employed by the
board as a special consultant on the problems of retirement, aging and
other state matters for the remainder of the judge's life. Upon request
of the board or the court from which the judge retired, the consultant
shall give opinions or be available to give opinions in writing or orally
in response to such request. As compensation for such services, the
consultant shall have the consultant's retirement benefit recalculated as
if subsection 1 of this section was in effect on the consultant's date of
retirement. Any monthly benefit increases payable pursuant to this
subsection shall become effective September 1, 2000. In no event shall
the system make any retroactive compensation payments under this
subsection. (L. 1995 S.B. 47, A.L. 1996 H.B. 1361, A.L. 1997 H.B. 356,
A.L. 2000 H.B. 1808)

Effective 7-1-00

As used in sections 476.750 to 476.766, the following terms mean:

(1) "Auxiliary aids and services", the device or service that the deaf
person feels would best serve him or her which includes, but is not
limited to, qualified interpreters, notetakers, transcription services,
written materials, assistive listening devices, assistive listening
systems, closed caption decoders, open and closed captioning, videotext
displays or other effective method of making aurally delivered materials
available to individuals with hearing loss as defined by the Americans
with Disabilities Act of 1990, P.L. 101-336, as amended;

(2) "Deaf person", any person who, because of a hearing loss, is not able
to discriminate speech when spoken in a normal conversational tone
regardless of the use of amplification devices;

(3) "Designated responsible authority", the presiding officer, chairman,
hearing officer, judge, clerk or similar official in any court, board,
commission, department, agency or legislative body or the designated
Americans with Disabilities Act coordinator who is responsible for
providing auxiliary aids and services;

(4) "Primary consideration", when an auxiliary aid or service is
required, the designated responsible authority shall when possible
provide an opportunity for the qualified individual with a disability to
designate the auxiliary aid or service of his or her choice. The
designated responsible authority may honor the choice of the qualified
individual with a disability, unless the designated responsible authority
provides an equally effective auxiliary aid or service, or that use of
the means chosen would result in a fundamental alteration in the service,
program or activity or in undue financial or administrative burdens;

(5) "Qualified interpreter", an interpreter certified and licensed by the
Missouri interpreter certification system or deemed competent by the
Missouri commission for the deaf and hard of hearing, who is able to
interpret effectively, accurately and impartially both receptively and
expressively, using any necessary specialized vocabulary. (L. 1993 S.B.
88 § 4, A.L. 2002 H.B. 1783)

1. A designated responsible authority shall provide, based on a
deaf person's expressed needs, auxiliary aids and services to interpret
the proceedings to a deaf person and, if a deaf person gives testimony or
other communication, to interpret the deaf person's testimony or other
communication when:

(1) A deaf person is a party, juror or witness at any stage of any
judicial or quasi-judicial proceeding in this state or in its political
subdivisions, including, but not limited to, any civil proceeding,
criminal court proceeding or administrative hearing, preliminary hearing,
postconviction proceeding, grand jury proceeding, proceeding before a
magistrate, juvenile proceeding, adoption proceeding, parole or probation
revocation proceeding or special proceeding;

(2) A juvenile whose parent, guardian or foster parent or other legally
responsible party is deaf and such juvenile is brought before a court in
any proceeding, including, but not limited to, any civil, criminal, or
juvenile proceeding, including any investigation, interview or any other
proceeding regarding the juvenile that is authorized by or held under the
supervision of a court;

(3) A deaf person in any proceeding who may be subjected to confinement
or criminal sanction or in any proceeding preliminary thereto, including,
but not limited to, any coroner's inquest, grand jury proceeding,
proceeding before a magistrate, juvenile proceeding and mental health
commitment proceeding;

(4) There is any proceeding concerning the well-being or rehabilitation
of a deaf person within a state prison, or juvenile detention or
correctional facility, including, but not limited to, any disciplinary
hearing, parole hearing, psychological evaluation/hearing, administrative
hearing, sexual assault prevention program, counseling, medical care, any
on-the-job or vocational training or any educational program.

2. No answer, statement, admission or other information, written or oral,
shall be admissible as evidence in any judicial or administrative
proceeding if obtained from a deaf person who is involuntarily detained
or arrested before an interpreter or auxiliary aids and services are
provided to that deaf person, based on the deaf person's expressed needs.
No deaf arrestee, otherwise eligible for release, shall be held in
custody pending arrival of an interpreter or auxiliary aids and services.

3. It is the policy and practice of any court of this state or of any of
its political subdivisions to appoint counsel for indigent people in
criminal proceedings, and the designated responsible authority shall
provide and pay for an interpreter or provide auxiliary aids and services
for deaf indigent people to assist in communication with counsel in all
phases of the preparation and presentation of the case. (L. 1993 S.B. 88
§ 5, A.L. 2002 H.B. 1715)

CROSS REFERENCE: Admissibility of TDD, TTY, or TT communications, RSMo
490.722

No qualified interpreter shall be appointed or auxiliary aids
and services provided, pursuant to section 476.753, unless the designated
responsible authority and the deaf person make a preliminary
determination that the qualified interpreter or auxiliary aids and
services are able to interpret effectively, accurately and impartially
the statement of the deaf person and interpret the proceedings
effectively, accurately and impartially to the deaf person. (L. 1993 S.B.
88 § 6)

1. All communications between a deaf person and such person's
attorney through the use of auxiliary aids and services shall be
protected as privileged communications in the same manner as
communications between an attorney and such attorney's hearing client.
The auxiliary aids and services provider cannot be compelled to testify
as to the information retained.

2. In any action or proceeding in which an auxiliary aids and services
provider is required to be appointed, the court or administrative
authority may not commence proceedings until the appointed auxiliary aids
and services provider are in full view or spatially situated to assure
proper communication with the deaf person or persons involved as
participants.

3. No waiver of the right to auxiliary aids and services by a deaf person
shall be valid unless that deaf person knowingly and voluntarily signs a
written waiver. Such waiver is subject to the approval of counsel to the
deaf person. If no counsel is used, then it is subject to the approval of
the designated responsible authority. In no event is the failure of the
deaf person to request a qualified interpreter and auxiliary aids and
services provider deemed a waiver of that right.

4. An auxiliary aids and services provider appointed pursuant to sections
476.750 to 476.766 is entitled to a reasonable fee for such provider's
service, including waiting time, necessary travel expenses and
subsistence expenses. The fee may be based on a fee schedule for
interpreters and auxiliary aids and services recommended by the Missouri
commission for the deaf and hard of hearing. Reimbursements for necessary
travel and subsistence expenses shall be at the rates provided by law for
state employees.

5. The fees and expenses of providers of auxiliary aids and services who
serve before any civil court or criminal, civil or juvenile proceeding
are payable from funds appropriated to the office of the state courts
administrator.

6. At no time shall any deaf person involved in a proceeding or action as
provided for in sections 476.750 to 476.766 assume any portion of the
cost for an interpreter or auxiliary aids and services nor shall the
court, board, commission, department, agency or legislative body assess
the cost for an interpreter or auxiliary aids and services to the cost of
such proceedings. (L. 1993 S.B. 88 § 7, A.L. 1999 S.B. 1, et al., A.L.
2002 H.B. 1783)

1. Whenever a designated responsible authority is required to
provide auxiliary aids and services, the authority shall request from the
Missouri commission for the deaf and hard of hearing a current list of
qualified interpreters or other auxiliary aids and services. If the
choice of a qualified interpreter or other auxiliary aids and services
does not meet the needs of, or adequately accommodate, the deaf person,
the designated responsible authority may appoint another qualified
interpreter or auxiliary aids and services.

2. The Missouri commission for the deaf and hard of hearing shall, in
cooperation with the Missouri Assistive Technology Advisory Council, when
appropriate, issue compliance directives for designated responsible
authorities regarding the standards which should be followed, along with
the resources available to comply with sections 476.750 to 476.766. (L.
1993 S.B. 88 § 8, A.L. 2002 H.B. 1783)

The provisions of sections 476.759 to 476.766 shall not impose
any requirements which exceed those requirements necessary to comply with
the Americans with Disabilities Act. (L. 1993 S.B. 88 § 9)

1. There is hereby established in the state treasury a special
fund, to be known as the "Missouri CASA Fund". The state treasurer shall
credit to and deposit in the Missouri CASA fund all moneys which may be
appropriated to it by the general assembly and also any gifts,
contributions, grants, bequests or other aid received from federal,
private or other sources, in addition to any moneys deposited pursuant to
section 488.636, RSMo. The general assembly may appropriate moneys into
the fund to support the court-appointed special advocate (CASA) program
throughout the state.

2. The state treasurer shall invest moneys in the Missouri CASA fund in
the same manner as surplus state funds are invested pursuant to section
30.260, RSMo. All earnings resulting from the investment of moneys in the
fund shall be credited to the Missouri CASA fund.

3. The state courts administrator shall administer and disburse moneys in
the Missouri CASA fund based on the following requirements:

(1) The office of state courts administrator shall set aside funding for
new start-up CASA programs throughout the state;

(2) Every recognized CASA program shall receive a base rate allocation,
with availability of additional funding based on the number of children
with abuse or neglect cases under the jurisdiction of the court; and

(3) All CASA programs being considered for funding shall be recognized by
and affiliated with the state and national CASA associations.

4. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, moneys in the Missouri CASA fund shall not revert to the credit
of the general revenue fund at the end of the biennium. (L. 2001 H.B. 107)

As used in sections 476.800 to 476.806, the following terms mean:

(1) "Appointing authority", any court required to provide an interpreter;

(2) "Court proceeding", any proceeding before a court of record;

(3) "Non-English speaking person", any person involved in a legal
proceeding who cannot readily speak or understand the English language,
but does not include persons who are deaf or have a hearing disability;

(4) "Qualified interpreter", an impartial and unbiased person who is
readily able to render a complete and accurate interpretation or
translation of spoken and written English for non-English speaking
persons and of non-English oral or written statements into spoken
English. (L. 2004 S.B. 1211)

1. The courts shall appoint qualified interpreters and
translators in all legal proceedings in which the non-English speaking
person is a party or a witness.

2. Any non-English speaking party or any party who intends to call a
non-English speaking witness shall provide such prior notice to the court
of the need for an interpreter or translator as may be required by court
rules.

3. The appointing authority shall appoint a qualified interpreter to
assist the non-English speaking parent, guardian, or custodian of a
juvenile brought before the court.

4. The court may accept a waiver of the right to a qualified interpreter
by a non-English speaking person at any point in the court proceeding if
the court advises the person of the nature and effect of the waiver and
determines that the waiver has been made knowingly, intelligently, and
voluntarily. The non-English speaking person may retract his or her
waiver and request that a qualified interpreter shall be appointed.

5. An interpreter shall take an oath that he or she will make a true
interpretation to the party or witness in a language that the party or
witness understands and that he or she will make a true interpretation of
the party or witness' answers to questions to counsel, court, or jury, in
the English language, with his or her best skill and judgment. The
interpreter shall not give explanations or legal advice or express
personal opinions.

6. An interpreter or translator cannot be compelled to testify as to the
information that would otherwise be protected by attorney-client
privilege as between the party and his or her attorney. (L. 2004 S.B.
1211 § 476.810)

1. Interpreters and translators in civil, juvenile, and criminal
proceedings shall be allowed a reasonable fee approved by the court and
necessary travel expenses not to exceed state rates. Interpreters shall
not be compensated for travel time.

2. If the person requiring an interpreter or translator during the
proceeding is a party to or a witness in any criminal proceeding, such
fees and expenses shall be payable by the state from funds appropriated
for such purpose.

3. In all cases not included in subsection 2 of this section, such fees
and expenses may be taxed as costs by the court to the parties. Prior to
any proceeding requiring an interpreter or translator, the court may
order either party, or both, to deposit money with the court in an amount
reasonably necessary to cover such fees and expenses. Upon disposition of
the proceeding the court may order such costs paid from such deposit and
shall return any portion of the deposit not used for such court costs to
the parties. (L. 2004 S.B. 1211 § 476.820)

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