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MO HB1607
Bill
Status
1/13/2010
Primary Sponsor
John Diehl
Click for details
AI Summary
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Repeals and replaces section 478.240, RSMo, regarding presiding judge authority to make judicial assignments in circuit courts.
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Allows a presiding judge to assign a judge to hear a felony trial even if that judge previously conducted the preliminary hearing in the same case, provided the defendant signs a written waiver acknowledging any potential conflicts.
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Maintains existing restrictions on presiding judge assignment authority, including limitations on municipal judge assignments and assignments contrary to supreme court or local court rules.
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Preserves the presiding judge's general administrative authority over judicial personnel and court officials, including the ability to assign judges to cases, classes of cases, and divisions.
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Clarifies that judges acting under defective or deficient assignments remain judicial officers but may have their orders set aside and face potential discipline under the Missouri Constitution.
Legislative Description
Allows a presiding judge to assign a judge to hear the trial of a felony case when that judge has previously conducted the case's preliminary hearing if the defendant signs a waiver
Last Action
Referred: Rules - Pursuant to Rule 25(32)(f) (H)
3/23/2010