478.255. Disqualification of judge, reassignment procedure--applicability to probate judges. - Missouri Statutes

Disqualification of judge, reassignment procedure--applicabilityto probate judges.

478.255. 1. When the presiding judge assigns an associate circuitjudge to sit as a circuit judge in a particular case and, thereafter, theassociate circuit judge is disqualified from hearing the case, the caseshall be returned to the presiding judge for reassignment to another judgeof the circuit court including the presiding judge himself should that benecessary in the discretion of the presiding judge.

2. When a presiding judge elects to hear and determine a case butsubsequently is disqualified, such judge is disqualified for all purposesand the chief justice of the supreme court shall assign a competent judgeto hear and determine the case, except as provided in subsection 3 of thissection.

3. In any circuit, which has four circuit judges or less, when apresiding judge elects to hear and determine a case but subsequently isdisqualified, such presiding judge may assign another judge within thecircuit, qualified to hear the case, to hear and determine the case. Ifthere is no other judge within the circuit qualified to hear the case, thechief justice of the supreme court shall assign a competent judge to hearand determine the case.

4. The provisions of this section shall apply to disqualification ofany judge in the probate division of a circuit court.

(L. 1979 S.B. 431, A.L. 1982 S.B. 643, A.L. 1989 S.B. 127, et al., A.L. 2005 S.B. 420 & 344)