479.230. Absence of judge, procedure.

MISSOURI STATUTES AND CODES

479.230. Absence of judge, procedure.

Absence of judge, procedure.

479.230. 1. If a municipal judge be absent, sick or disqualifiedfrom acting pursuant to the general administrative authority of thepresiding judge of the circuit court over the municipal divisions withinthe circuit contained in section 478.240, RSMo:

(1) In municipal court divisions having more than one judge, thepresiding judge of the municipal division, if any, or if there is not adesignated presiding judge of the municipal division, any other municipaljudge in said municipal division may request the presiding judge of thecircuit court to designate a special municipal judge as provided insubsection 2 of this section until such absence or disqualification shallcease, subject to subdivision (4) of this subsection;

(2) The presiding judge of the municipal division may, by writtendirective, designate a written procedure delegating authority by which themunicipal court administrator, if any, or the municipal court clerk, isauthorized to notify and request the presiding judge of the circuit courtto designate a special municipal judge as provided in subsection 2 of thissection;

(3) In the absence of multiple judges in a municipal division, and inthe absence of a written directive and policy authorizing the procedure,the mayor or chairman of the board of trustees may request the presidingjudge of the circuit court to designate a special municipal judge asprovided in subsection 2 of this section or in cases of circumstancesmaking it impossible to reach the presiding judge of the circuit court in atimely manner, the mayor or chairman of the board of trustees may designatesome competent, eligible person to act as municipal judge until thepresiding judge of the circuit court can designate a special municipaljudge as provided for under subsection 2 of this section;

(4) Notwithstanding the provisions of subdivisions (1) to (3) of thissubsection, should a vacancy occur in the office of an elected municipaljudge more than six months before a general municipal election, then aspecial election shall be held to fill such vacancy; and in case of vacancyin the office of an elected municipal judge within less than six months ofa general municipal election, the office may be filled by a competent,eligible person under the procedures set forth in subdivisions (1), (2),and (3) of this subsection.

2. The presiding judge of the circuit court may appoint any othermunicipal judge within the circuit to act as a special interim municipaljudge for a municipal judge of the circuit who is absent, sick ordisqualified from acting. The presiding judge shall act upon the requestof those with authority to make such request under subsection 1 of thissection.

3. The governing body of the municipality shall provide by ordinancefor the compensation of any person designated to act as municipal judgeunder the provisions of this section.