476.458. Probate and magistrate judges shall retire, age, exception--may petition to serve beyond retirement age, when petition to be granted--elected judges to complete term. - Missouri Statutes

Probate and magistrate judges shall retire, age, exception--maypetition to serve beyond retirement age, when petition to begranted--elected judges to complete term.

476.458. 1. Except as otherwise provided in this section,or by any other law, magistrate judges, probate judges, andprobate ex officio magistrate judges shall retire at the age ofseventy years and may participate, if otherwise eligible, in theretirement 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 to482.365 and 483.497, RSMo, shall not prevent any person holdingthe office of magistrate judge, probate judge or probate exofficio magistrate judge, or any person elected or appointed tothe office of magistrate judge, probate judge or probate exofficio magistrate judge from holding office during the remainderof the term to which he was elected or appointed.

2. Any magistrate judge, probate judge not under thenonpartisan court plan, or probate ex officio magistrate judgewho on August 13, 1976, or within six months thereafter, isseventy years of age or older, may petition the commission onretirement, removal and discipline to continue to serve until ageseventy-six if he has not completed a total of twelve years ofservice as a judge. Except as otherwise provided by any otherlaw, any magistrate judge, probate judge not under thenonpartisan court plan, or probate ex officio magistrate judge,who is in office on August 13, 1976, may, within six monthsbefore attaining the age of seventy years, petition thecommission on retirement, removal, and discipline to be allowedto serve after he has attained that age until age seventy-six orhas completed a total of twelve years of service as a judge,whichever shall occur first. If the commission finds thepetitioner to be able to perform his duties and approves suchservice, the petitioner may continue to serve as such a judgeuntil age seventy-six if he has not completed a total of twelveyears of service as a judge at such age. No person shall bepermitted to serve as such a judge beyond the age of seventy-sixyears regardless of whether or not he has completed a total oftwelve years except for the purpose of completing the term towhich he was elected or appointed, as provided in subsection 1 ofthis section.

3. Any magistrate, regardless of age elected in 1976 to fillan 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.