476.290. Judges not to practice law--exception, municipal judges. - Missouri Statutes

Judges not to practice law--exception, municipal judges.

476.290. No judge, except a part-time municipal judge, shallpractice or act as counselor or attorney in any court within thisstate nor shall any clerk or deputy clerk, while he continues toact as such, plead, practice or act as counselor or attorney inany court within the county for which he is such clerk or deputyclerk, in his own name or in the name of any other person, underany 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.).