478.266. Probate division, commissioner authorized, certain counties, compensation, commissioner's orders, rejection or confirmation--deputy commissioner, certain counties and cities, appointment, - Missouri Statutes

Probate division, commissioner authorized, certain counties,compensation, commissioner's orders, rejection orconfirmation--deputy commissioner, certain counties and cities,appointment, term--powers and duties.

478.266. 1. On and after January 2, 1979, each county of the firstclass having a charter form of government and containing all or part of acity having a population of at least four hundred fifty thousand or more amajority of the circuit and associate circuit judges, meeting en banc, mayappoint one person, who shall possess the same qualifications as a circuitjudge, to act as commissioner of the probate division of the circuit court.The commissioner shall be appointed for a term of four years. Thecompensation of the commissioner shall be the same as that of a circuitjudge, payable in the same manner and from the same source as thecompensation of the judge who serves in the probate division of the circuitcourt. Subject to approval or rejection by the judge of the probatedivision, the commissioner shall have all the powers and duties of thejudge for matters within the jurisdiction of the judge of the probatedivision. A judge shall by order of record reject or confirm all orders,judgments and decrees of the commissioner within the time the judge couldset aside such orders, judgments or decrees had the same been made by him.If so confirmed, the orders, judgments and decrees shall have the sameeffect as if made by the judge on the date of their confirmation.

2. The judge of the probate division of the circuit court of eachcounty of the first class having a charter form of government andcontaining a population of at least four hundred fifty thousand inhabitantsand in any city not within a county and, after January 1, 1991, in eachcounty of the first class having a charter form of government and notcontaining all or part of a city having a population of at least fourhundred fifty thousand or more may appoint a person to be known as deputycommissioner of the probate division of the circuit court, who shallpossess the same qualifications and take and subscribe a like oath as sucha circuit judge. The deputy commissioner shall be appointed for a term offour years. The compensation of the deputy commissioner shall be the sameas that of an associate circuit judge, payable in the same manner and fromthe same source as the compensation of an associate circuit judge. Subjectto approval or rejection by the judge of the probate division, thecommissioner shall have all the powers and duties of the clerk of theprobate division and the judge; but a judge shall by order of record rejector confirm all orders, judgments, and decrees of the deputy commissionerwithin the time such judge could set aside such orders, judgments, ordecrees, had the same been made by him; and if so confirmed such orders,judgments, and decrees shall have the same effect as if made by the judgeon the date of such confirmation. In any city not within a county, anydeputy commissioner of the probate court may be temporarily assigned by thepresiding judge of the circuit court to serve as a family courtcommissioner.

(L. 1978 H.B. 1634, A.L. 1990 S.B. 596, A.L. 2004 S.B. 1211)