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MO HB1607

Bill

Status

Introduced

1/13/2010

Primary Sponsor

John Diehl

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Repeals and replaces section 478.240, RSMo, regarding presiding judge authority to make judicial assignments in circuit courts.

  • 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.

  • Maintains existing restrictions on presiding judge assignment authority, including limitations on municipal judge assignments and assignments contrary to supreme court or local court rules.

  • 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.

  • 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

Committee Referrals

Rules3/23/2010
Judiciary2/10/2010

Full Bill Text

No bill text available