535.210. Landlord-tenant court authorized in Jackson County, jurisdiction--landlord-tenant commissioners, powers and qualifications--landlord-tenant court procedures.

MISSOURI STATUTES AND CODES

535.210. Landlord-tenant court authorized in Jackson County, jurisdiction--landlord-tenant commissioners, powers and qualifications--landlord-tenant court procedures.

Landlord-tenant court authorized in Jackson County,jurisdiction--landlord-tenant commissioners, powers andqualifications--landlord-tenant court procedures.

535.210. 1. In the sixteenth judicial circuit, upon adoption of anordinance by Jackson County providing for expenditure of county funds for suchpurpose, a majority of the circuit court judges, en banc, may establish alandlord-tenant court, which shall be a division of the circuit court, and mayauthorize the appointment of not more than two landlord-tenant courtcommissioners. The landlord-tenant court commissioners shall be appointed bya landlord-tenant court judicial commission consisting of the presiding judgeof the circuit, who shall be the chair, one circuit judge elected by thecircuit judges, one associate circuit judge elected by the associate circuitjudges of the circuit, and two members appointed by the county executive ofJackson County, each of whom shall represent one of the two political partiescasting the highest number of votes at the next preceding gubernatorialelection. The procedures and operations of the landlord-tenant court judicialcommission shall be established by circuit court rule.

2. Landlord-tenant commissioners may be authorized to hear in the firstinstance disputes involving landlords and their tenants. Landlord-tenantcommissioners shall be authorized to make findings of fact and conclusions oflaw, and to issue orders for the payment of money, for the giving or taking ofpossession of residential property and any other equitable relief necessary toresolve disputes governed by the laws in chapters 441, 524, 534, RSMo, andthis chapter. Landlord-tenant commissioners may not, by ex parte means, hearcases and issue orders.

3. Landlord-tenant commissioners shall be licensed to practice law inthis state and shall serve at the pleasure of a majority of the circuit andassociate circuit judges, en banc, and shall be residents of Jackson County,and shall receive as annual compensation an amount equal to one-third of theannual compensation of an associate circuit judge. Landlord-tenantcommissioners shall not accept or handle cases in their practice of law whichare inconsistent with their duties as a landlord-tenant commissioner and shallnot be a judge or prosecutor for any other court. Landlord-tenantcommissioners shall not be considered state employees and shall not be membersof the state employees' or judicial retirement system or be eligible toreceive any other employment benefit accorded state employees or judges.

4. A majority of the judges of the circuit court, en banc, shallestablish operating procedures for the landlord-tenant court. Proceedings inthe landlord-tenant court, shall be conducted as in cases tried before anassociate circuit judge. The hearing shall be before a landlord-tenantcommissioner without jury, and the commissioner shall assume an affirmativeduty to determine the merits of the evidence presented and the defenses of thedefendant and may question parties and witnesses. Clerks and computerpersonnel shall be assigned as needed for the efficient operation of thecourt.

5. The parties to a cause of action before a commissioner of thelandlord-tenant court are entitled to file with the court a motion for ahearing in associate circuit court within ten days after the mailing, orwithin ten days after service.

6. Operating procedures shall be provided for electronic recording ofproceedings at county expense. Any person aggrieved by a judgment in a casedecided under this section shall have a right to a trial de novo in circuitcourt, or an appeal to the appropriate appellate court, in the same manner aswould a person aggrieved by a decision of an associate circuit judge undersection 535.110. The procedures for perfecting the right of a trial de novoor appeal shall be the same as that provided pursuant to sections 512.180 to512.320, RSMo.

7. Any summons issued for the proceedings in the landlord-tenant courtshall have a return date of ten days from the date of service. The sheriffmust attempt to serve any summons within four days of the date of issuance.

8. All costs to establish and operate a landlord-tenant court under thissection shall be borne by Jackson County.