478.320. Associate circuit judges, authorized number--population determination--election--restrictions on practice of law or paid public appointment--residency requirement. - Missouri Statutes

Associate circuit judges, authorized number--populationdetermination--election--restrictions on practice of law or paidpublic appointment--residency requirement.

478.320. 1. In counties having a population of thirty thousand orless, there shall be one associate circuit judge. In counties having apopulation of more than thirty thousand and less than one hundred thousand,there shall be two associate circuit judges. In counties having apopulation of one hundred thousand or more, there shall be three associatecircuit judges and one additional associate circuit judge for eachadditional one hundred thousand inhabitants.

2. For purposes of this section, notwithstanding the provisions ofsection 1.100, RSMo, population of a county shall be determined on thebasis of the last previous decennial census of the United States; and,beginning after certification of the year 2000 decennial census, on thebasis of annual population estimates prepared by the United States Bureauof the Census, provided that the number of associate circuit judgepositions in a county shall be adjusted only after population estimates forthree consecutive years indicate population change in the county to a levelprovided by subsection 1 of this section.

3. Except in circuits where associate circuit judges are selectedunder the provisions of sections 25(a) to (g) of article V of theconstitution, the election of associate circuit judges shall in allrespects be conducted as other elections and the returns made as for otherofficers.

4. In counties not subject to sections 25(a) to (g) of article V ofthe constitution, associate circuit judges shall be elected by the countyat large.

5. No associate circuit judge shall practice law, or do a lawbusiness, nor shall he accept, during his term of office, any publicappointment for which he receives compensation for his services.

6. No person shall be elected as an associate circuit judge unless hehas resided in the county for which he is to be elected at least one yearprior to the date of his election; provided that, a person who is appointedby the governor to fill a vacancy may file for election and be electednotwithstanding the provisions of this subsection.

(L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al., A.L. 1999 S.B. 1, et al.)

(2002) Subsection 6 residency requirement applies to year immediately prior to election. Lewis v. Gibbons, 80 S.W.3d 461 (Mo.banc).