Missouri Revised Statutes

Chapter 476
Courts--General Provisions

August 28, 2013




Purpose of law.

476.001. An efficient, well operating and productive judiciary is essential to the preservation of the people's liberty and prosperity. In order to achieve this goal, the general assembly and the supreme court must constantly be aware of the operations, needs, strengths and weaknesses of the judicial system. It is the purpose of sections 476.001, 476.412, 476.415 and 476.681 to provide the general assembly and the supreme court with the mechanisms to obtain on a continuing basis a comprehensive analysis of judicial resources and an efficient and organized method of identifying the problems and needs as they occur. It is the further purpose of sections 476.001, 476.412, 476.415 and 476.681 to provide a system for the efficient allocation of available personnel, facilities and resources to achieve a uniform and effective operation of the judicial system.

(L. 1989 S.B. 439 1)



Courts of record.

476.010. The supreme court of the state of Missouri, the court of appeals, and the circuit courts shall be courts of record, and shall keep just and faithful records of their proceedings. Notwithstanding the foregoing, municipal divisions of the circuit courts shall not be considered courts of record, regardless of whether or not a verbatim record of proceedings before the division is kept.

(RSMo 1939 1990, A.L. 1945 p. 806, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634, A.L. 1997 S.B. 248, A.L. 2001 S.B. 267)

Prior revisions: 1929 1826; 1919 2323; 1909 3845

CROSS REFERENCES:

Effect of 1945 constitution on existing courts, Const. schedule 4 (Schedule follows Const. Art. XII)

Judicial power, where vested, Const. Art. V 1



Short title.

476.015. House Bill 1634 of the 2nd regular session of the 79th general assembly shall be known and may be cited as the "Court Reform and Revision Act of 1978".

(L. 1978 H.B. 1634 1)

Effective 1-2-79



Courts to keep a seal.

476.020. Each court of record in this state shall procure and keep a seal, with such emblems and devices as the court may think proper, and the impression thereof by stamp shall be deemed a sufficient sealing.

(RSMo 1939 1991)

Prior revisions: 1929 1827; 1919 2324; 1909 3846



Private seal used, when.

476.030. When no seal is provided, the clerk may use his private seal for the authentication of any record, process or proceeding required by law to be authenticated by the seal of the court; and the attestation of the clerk, stating that he has no seal of office, and that he has affixed his private seal, shall be received as sufficient authentication, without requiring any proof of such private seal, or that it was affixed.

(RSMo 1939 1992)

Prior revisions: 1929 1828; 1919 2325; 1909 3847



Records to be kept in English language.

476.050. All writs, process, proceedings and records in any court, and in all inferior tribunals established by law, shall be in the English language, except that the proper and known names of process and technical words may be expressed in the language heretofore and now commonly used, and shall be made in a fair, legible character, in words at length, and not abbreviated; but such abbreviations as are now commonly used in the English language may be used, and numbers may be expressed by Arabic figures or Roman numerals, in the customary way. Notwithstanding the foregoing, such writs, processes, proceedings and records may be filed, submitted, stored and maintained in an electronic format or otherwise in the manner provided by supreme court rule.

(RSMo 1939 2005, A.L. 1997 S.B. 248)

Prior revisions: 1929 1841; 1919 2338; 1909 3860



Statewide court automation fund created, administration, committee, members--powers, duties, limitation--unauthorized release of information, penalty--report, committee, costs--expiration date.

476.055. 1. There is hereby established in the state treasury the "Statewide Court Automation Fund". All moneys collected pursuant to section 488.027, as well as gifts, contributions, devises, bequests, and grants received relating to automation of judicial record keeping, and moneys received by the judicial system for the dissemination of information and sales of publications developed relating to automation of judicial record keeping, shall be credited to the fund. Moneys credited to this fund may only be used for the purposes set forth in this section and as appropriated by the general assembly. Any unexpended balance remaining in the statewide court automation fund at the end of each biennium shall not be subject to the provisions of section 33.080 requiring the transfer of such unexpended balance to general revenue; except that, any unexpended balance remaining in the fund on September 1, 2018, shall be transferred to general revenue.

2. The statewide court automation fund shall be administered by a court automation committee consisting of the following: the chief justice of the supreme court, a judge from the court of appeals, four circuit judges, four associate circuit judges, four employees of the circuit court, the commissioner of administration, two members of the house of representatives appointed by the speaker of the house, two members of the senate appointed by the president pro tem of the senate and two members of the Missouri Bar. The judge members and employee members shall be appointed by the chief justice. The commissioner of administration shall serve ex officio. The members of the Missouri Bar shall be appointed by the board of governors of the Missouri Bar. Any member of the committee may designate another person to serve on the committee in place of the committee member.

3. The committee shall develop and implement a plan for a statewide court automation system. The committee shall have the authority to hire consultants, review systems in other jurisdictions and purchase goods and services to administer the provisions of this section. The committee may implement one or more pilot projects in the state for the purposes of determining the feasibility of developing and implementing such plan. The members of the committee shall be reimbursed from the court automation fund for their actual expenses in performing their official duties on the committee.

4. Any purchase of computer software or computer hardware that exceeds five thousand dollars shall be made pursuant to the requirements of the office of administration for lowest and best bid. Such bids shall be subject to acceptance by the office of administration. The court automation committee shall determine the specifications for such bids.

5. The court automation committee shall not require any circuit court to change any operating system in such court, unless the committee provides all necessary personnel, funds and equipment necessary to effectuate the required changes. No judicial circuit or county may be reimbursed for any costs incurred pursuant to this subsection unless such judicial circuit or county has the approval of the court automation committee prior to incurring the specific cost.

6. Any court automation system, including any pilot project, shall be implemented, operated and maintained in accordance with strict standards for the security and privacy of confidential judicial records. Any person who knowingly releases information from a confidential judicial record is guilty of a class B misdemeanor. Any person who, knowing that a judicial record is confidential, uses information from such confidential record for financial gain is guilty of a class D felony.

7. On the first day of February, May, August and November of each year, the court automation committee shall file a report on the progress of the statewide automation system with the joint legislative committee on court automation. Such committee shall consist of the following:

(1) The chair of the house budget committee;

(2) The chair of the senate appropriations committee;

(3) The chair of the house judiciary committee;

(4) The chair of the senate judiciary committee;

(5) One member of the minority party of the house appointed by the speaker of the house of representatives; and

(6) One member of the minority party of the senate appointed by the president pro tempore of the senate.

8. The members of the joint legislative committee shall be reimbursed from the court automation fund for their actual expenses incurred in the performance of their official duties as members of the joint legislative committee on court automation.

9. Section 488.027 shall expire on September 1, 2018. The court automation committee established pursuant to this section may continue to function until completion of its duties prescribed by this section, but shall complete its duties prior to September 1, 2020.

10. This section shall expire on September 1, 2020.

(L. 1994 S.B. 420 476.055, B, A.L. 1997 S.B. 248, A.L. 2003 S.B. 448, A.L. 2009 S.B. 265, A.L. 2012 H.B. 1460 merged with S.B. 628)

Expires 9-01-20

*This section was amended by H.B. 1460, S.B. 628, and S.B. 636 during the 96th General Assembly, Second Regular Session, 2012. Due to possible conflict, two versions are printed here.



Statewide court automation fund created, administration, committee, members--powers, duties, limitation--unauthorized release of information, penalty--report, committee, costs--expiration date.

476.055. 1. There is hereby established in the state treasury the "Statewide Court Automation Fund". All moneys collected pursuant to section 488.027, as well as gifts, contributions, devises, bequests, and grants received relating to automation of judicial record keeping, and moneys received by the judicial system for the dissemination of information and sales of publications developed relating to automation of judicial record keeping, shall be credited to the fund. Moneys credited to this fund may only be used for the purposes set forth in this section and as appropriated by the general assembly. Any unexpended balance remaining in the statewide court automation fund at the end of each biennium shall not be subject to the provisions of section 33.080 requiring the transfer of such unexpended balance to general revenue; except that, any unexpended balance remaining in the fund on September 1, 2015, shall be transferred to general revenue.

2. The statewide court automation fund shall be administered by a court automation committee consisting of the following: the chief justice of the supreme court, a judge from the court of appeals, four circuit judges, four associate circuit judges, four employees of the circuit court, the commissioner of administration, two members of the house of representatives appointed by the speaker of the house, two members of the senate appointed by the president pro tem of the senate and two members of the Missouri Bar. The judge members and employee members shall be appointed by the chief justice. The commissioner of administration shall serve ex officio. The members of the Missouri Bar shall be appointed by the board of governors of the Missouri Bar. Any member of the committee may designate another person to serve on the committee in place of the committee member.

3. The committee shall develop and implement a plan for a statewide court automation system. The committee shall have the authority to hire consultants, review systems in other jurisdictions and purchase goods and services to administer the provisions of this section. The committee may implement one or more pilot projects in the state for the purposes of determining the feasibility of developing and implementing such plan. The members of the committee shall be reimbursed from the court automation fund for their actual expenses in performing their official duties on the committee.

4. Any purchase of computer software or computer hardware that exceeds five thousand dollars shall be made pursuant to the requirements of the office of administration for lowest and best bid. Such bids shall be subject to acceptance by the office of administration. The court automation committee shall determine the specifications for such bids.

5. The court automation committee shall not require any circuit court to change any operating system in such court, unless the committee provides all necessary personnel, funds and equipment necessary to effectuate the required changes. No judicial circuit or county may be reimbursed for any costs incurred pursuant to this subsection unless such judicial circuit or county has the approval of the court automation committee prior to incurring the specific cost.

6. Any court automation system, including any pilot project, shall be implemented, operated and maintained in accordance with strict standards for the security and privacy of confidential judicial records. Any person who knowingly releases information from a confidential judicial record is guilty of a class B misdemeanor. Any person who, knowing that a judicial record is confidential, uses information from such confidential record for financial gain is guilty of a class D felony.

7. On the first day of February, May, August and November of each year, the court automation committee shall file a report on the progress of the statewide automation system with the joint legislative committee on court automation. Such committee shall consist of the following:

(1) The chair of the house budget committee;

(2) The chair of the senate appropriations committee;

(3) The chair of the house judiciary committee;

(4) The chair of the senate judiciary committee;

(5) One member of the minority party of the house appointed by the speaker of the house of representatives; and

(6) One member of the minority party of the senate appointed by the president pro tempore of the senate.

8. The members of the joint legislative committee shall be reimbursed from the court automation fund for their actual expenses incurred in the performance of their official duties as members of the joint legislative committee on court automation.

9. Section 488.027 shall expire on September 1, 2015. The court automation committee established pursuant to this section may continue to function until completion of its duties prescribed by this section, but shall complete its duties prior to September 1, 2017.

10. This section shall expire on September 1, 2017.

(L. 1994 S.B. 420 476.055, B, A.L. 1997 S.B. 248, A.L. 2003 S.B. 448, A.L. 2009 S.B. 265, A.L. 2012 S.B. 636)

Expires 9-01-17

*This section was amended by H.B. 1460, S.B. 628, and S.B. 636 during the 96th General Assembly, Second Regular Session, 2012. Due to possible conflict, two versions of this section are printed here.



Municipal court automation, duties of municipality.

476.056. 1. Any city, county, village or other municipality may provide for automation of its municipal court pursuant to subsection 3 of section 476.055, in the manner provided in this section. In order to make such provisions, such municipality must:

(1) Adopt an ordinance imposing the surcharge in the amount allowed, and payable in the manner provided, by section 476.053*, and sections 488.010 to 488.020;

(2) Enter into an agreement with the state courts administrator for automation of the municipality's court. Such agreement may provide for continuation of the surcharge for a minimum period of time, payable to the fund established by section 476.055, or a special fund established in the state treasury for such purpose upon expiration of section 476.055, for payment of a guaranteed minimum annual amount in the event that payment of such surcharges shall not offset the cost of the automation of the municipality's court; and such other terms as may be agreed on between the municipality and the state courts administrator.

2. Notwithstanding the provisions of section 476.053*, the payment of any surcharge provided by this section may continue for a period in excess of that allowed by section 476.053* for payment of surcharges in the circuit courts. The provisions of section 33.080 shall not apply to any special fund established pursuant to this section.

(L. 1997 S.B. 248)

*Transferred 2000; now 488.027



Judicial personnel training fund, judicial personnel defined.

476.057. 1. The state courts administrator shall determine the amount of the projected total collections of fees pursuant to section 488.015, payable to the state pursuant to section 488.023*, or subdivision (4) of subsection 2 of section 488.018; and the amount of such projected total collections of fees required to be deposited into the fund in order to maintain the fund required pursuant to subsection 2 of this section. The amount of fees payable for court cases may thereafter be adjusted pursuant to section 488.015, as provided by said section. All proceeds of the adjusted fees shall thereupon be collected and deposited to the state general revenue fund as otherwise provided by law, subject to the transfer of a portion of such proceeds to the fund established pursuant to subsection 2 of this section.

2. There is hereby established in the state treasury a special fund for purposes of providing training and education for judicial personnel, including any clerical employees of each circuit court clerk. Moneys from collected fees shall be annually transferred by the state treasurer into the fund from the state general revenue fund in the amount of no more than two percent of the amount expended for personal service by state and local government entities for judicial personnel as determined by the state courts administrator pursuant to subsection 1 of this section. Any unexpended balance remaining in the fund at the end of each biennium shall be exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the state general revenue fund, until the amount in the fund exceeds two percent of the amounts expended for personal service by state and local government for judicial personnel.

3. In addition, any moneys received by or on behalf of the state courts administrator from fees, grants, or any other sources in connection with providing training to judicial personnel shall be deposited in the fund provided, however, that moneys collected in the fund in connection with a particular purpose shall be segregated and shall not be disbursed for any other purpose.

4. The state treasurer shall administer the fund and, pursuant to appropriations, shall disburse moneys from the fund to the state courts administrator in order to provide training and to purchase goods and services determined appropriate by the state courts administrator related to the training and education of judicial personnel. As used in this section, the term "judicial personnel" shall include court personnel as defined in section 476.058, and judges.

(L. 1997 S.B. 248, A.L. 2013 H.B. 374 & 434 merged with S.B. 100)

*Section 488.023 was repealed by S.B. 1001, 2000.



Court personnel defined--state court administration revolving fund created.

476.058. 1. As used in this section, the term "court personnel" includes all personnel of all state courts and all divisions of the courts, including juvenile, family and municipal divisions, and clerks, deputy clerks, division clerks, official court reporters, law clerks and court administrators, but not including judges.

2. There is hereby established in the state treasury the "State Court Administration Revolving Fund". Any moneys received by or on behalf of the state court administrator from registration fees, grants, or any other source in connection with the training and education of court personnel provided pursuant to this section shall be deposited into the fund.

3. In addition, any moneys received by or on behalf of the state courts administrator from fees, grants, or any other sources in connection with the preparation of court transcripts shall be deposited in the fund provided, however, that moneys collected in the fund in connection with a particular purpose shall be segregated and shall not be disbursed for any other purpose.

4. The state treasurer shall administer the fund and shall disburse moneys from the fund to the state courts administrator pursuant to appropriations in order to provide training, to purchase goods and services related to the training and education of court personnel, and to pay for goods and services associated with the preparation of court transcripts.

5. Any unexpended balance remaining in the fund at the end of each biennium shall be exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the general revenue fund, until the amount in the state courts administration revolving fund exceeds the greater of either one-half of the expenditures from the fund during the previous year, or fifty thousand dollars.

(L. 1996 S.B. 869 C-6, A.L. 2003 H.B. 613)



Interpreters appointed, when.

476.060. The courts may, from time to time, appoint interpreters and translators to interpret the testimony of witnesses, and to translate any writing necessary to be translated in such court, or any cause therein.

(RSMo 1939 2010)

Prior revisions: 1929 1846; 1919 2343; 1909 3865



Court marshals' arrest powers--may carry firearms, when.

476.062. Subject to supreme court rule, district court of appeal rule and local circuit court rule, marshals of any court may carry firearms when necessary for the proper discharge of their duties. Such marshals shall have all powers granted law enforcement officers in this state to apprehend and arrest persons and which are necessary to ensure the proper security and functioning of the court employing such marshal.

(L. 1997 S.B. 248)



Power of courts to issue writs.

476.070. All courts shall have power to issue all writs which may be necessary in the exercise of their respective jurisdictions, according to the principles and usages of law.

(RSMo 1939 2008)

Prior revisions: 1929 1844; 1919 2341; 1909 3863



Court or clerk may appoint person to execute process, when.

476.080. Where there is no sheriff or other ministerial officer qualified to act, or where they are interested or prejudiced, the court, or clerk thereof in vacation, may appoint one or more persons to execute its process and perform any other duty of such officer, who shall be entitled to such fees for their services in each cause as are allowed by law to sheriffs in like cases.

(RSMo 1939 2009)

Prior revisions: 1929 1845; 1919 2342; 1909 3864



Circuit court marshal may be appointed in certain circuits, powers and duties, salary, qualifications.

476.083. 1. In addition to any appointments made pursuant to section 485.010, the presiding judge of each circuit containing one or more facilities operated by the department of corrections with an average total inmate population in all such facilities in the circuit over the previous two years of more than two thousand five hundred inmates may appoint a circuit court marshal to aid the presiding judge in the administration of the judicial business of the circuit by overseeing the physical security of the courthouse, serving court-generated papers and orders, and assisting the judges of the circuit as the presiding judge determines appropriate. Such circuit court marshal appointed pursuant to the provisions of this section shall serve at the pleasure of the presiding judge. The circuit court marshal authorized by this section is in addition to staff support from the circuit clerks, deputy circuit clerks, division clerks, municipal clerks, and any other staff personnel which may otherwise be provided by law.

2. The salary of a circuit court marshal shall be established by the presiding judge of the circuit within funds made available for that purpose, but such salary shall not exceed ninety percent of the salary of the highest paid sheriff serving a county wholly or partially within that circuit. Personnel authorized by this section shall be paid from state funds or federal grant moneys which are available for that purpose and not from county funds.

3. Any person appointed as a circuit court marshal pursuant to this section shall have at least five years' prior experience as a law enforcement officer. In addition, any such person shall within one year after appointment, or as soon as practicable, attend a court security school or training program operated by the United States Marshal Service. In addition to all other powers and duties prescribed in this section, a circuit court marshal may:

(1) Serve process;

(2) Wear a concealable firearm; and

(3) Make an arrest based upon local court rules and state law, and as directed by the presiding judge of the circuit.

(L. 1995 H.B. 424, A.L. 1997 S.B. 248, A.L. 2007 S.B. 62 & 41)



Courts may enforce return of process.

476.090. Each court may enforce, by attachment, the return of any writ or process sent out of the same court, and the payment of any moneys had and received by any sheriff, marshal, coroner, constable, attorney or collector, in his official capacity, and the delivery of papers entrusted to him officially and unlawfully withheld.

(RSMo 1939 2011)

Prior revisions: 1929 1847; 1919 2344; 1909 3866



No process abated by failure of court to sit.

476.100. No writ, process or proceedings whatsoever, civil or criminal, shall be deemed discontinued or abated by reason of the failure of any term or session of any court, nor by reason of any adjournment in the cases mentioned in sections 476.010 to 476.310, or otherwise, before the business pending in such court is disposed of, but the same shall be continued and proceeded upon as if no failure or adjournment had happened.

(RSMo 1939 2022)

Prior revisions: 1929 1858; 1919 2354; 1909 3876



Acts constituting contempt of court.

476.110. Every court of record shall have power to punish as for criminal contempt persons guilty of:

(1) Disorderly, contemptuous or insolent behavior committed during its session, in its immediate view and presence, and directly tending to interrupt its proceeding or to impair the respect due to its authority;

(2) Any breach of the peace, noise or other disturbance directly tending to interrupt its proceedings;

(3) Willful disobedience of any process or order lawfully issued or made by it;

(4) Resistance willfully offered by any person to the lawful order or process of the court;

(5) The contumacious and unlawful refusal of any person to be sworn as a witness, or, when so sworn, to refuse to answer any legal and proper interrogatory.

(RSMo 1939 2028)

Prior revisions: 1929 1864; 1919 2359; 1909 3881



Punishment for contempt.

476.120. Punishment for contempt may be by fine or imprisonment in the jail of the county where the court may be sitting, or both, in the discretion of the court.

(RSMo 1939 2029)

Prior revisions: 1929 1865; 1919 2360; 1909 3882



May be punished summarily, when.

476.130. Contempt committed in the immediate view and presence of the court may be punished summarily; in other cases the party charged shall be notified of the accusation, and have a reasonable time to make his defense.

(RSMo 1939 2030)

Prior revisions: 1929 1866; 1919 2361; 1909 3883



Commitment for contempt to set forth particulars.

476.140. Whenever any person shall be committed for any contempt specified in sections 476.010 to 476.310, the particular circumstances of his offense shall be set forth in the order or warrant of commitment.

(RSMo 1939 2031)

Prior revisions: 1929 1867; 1919 2362; 1909 3884



Contempt not to be used to enforce civil rights.

476.150. Nothing contained in sections 476.110 to 476.140 shall be construed to extend to any proceeding against parties or officers, as for contempt, for the purpose of enforcing any civil right or remedy.

(RSMo 1939 2032)

Prior revisions: 1929 1868; 1919 2363; 1909 3885



Parties may be indicted, when.

476.160. Persons punished for contempt under the provisions of sections 476.010 to 476.310 shall, notwithstanding, be liable to indictment for such contempt, if the same be an indictable offense; but the court before which a conviction shall be had on such indictment shall, in forming its sentence, take into consideration the punishment before inflicted.

(RSMo 1939 2033)

Prior revisions: 1929 1869; 1919 2364; 1909 3886



Sittings to be public.

476.170. The sitting of every court shall be public and every person may freely attend the same.

(RSMo 1939 2007)

Prior revisions: 1929 1843; 1919 2340; 1909 3862



Judge interested, not to sit.

476.180. No judge of any court of record, who is interested in any suit or related to either party, or who shall have been of counsel in any suit or proceeding pending before him, shall, without the express consent of the parties thereto, sit on the trial or determination thereof.

(RSMo 1939 2012)

Prior revisions: 1929 1848; 1919 2345; 1909 3867



Judge may call special term for disposition of cause pending.

476.220. Whenever in his opinion the public good requires, or whenever it is necessary for the dispatch of business, any circuit judge may, by written order filed with the clerk, call a special term of court for the trial or other disposition of any civil or criminal cause or matter pending therein. At such term the court may exercise its ordinary and usual jurisdiction in all cases wherein the parties have been given five days' previous notice in writing of the calling of the term to be given by the judge or clerk and served upon the parties or their attorneys or agents in the manner provided by section 506.100, and likewise in all causes and matters where notice is waived.

(RSMo 1939 2016, A.L. 1955 p. 377, A.L. 1978 H.B. 1634)

Prior revision: 1929 1852

Effective 1-2-79

CROSS REFERENCE:

Judge to call special term to try prisoner, when, 545.850



May try civil cases at such special terms.

476.240. At every such special term the court may, with the consent of parties, exercise its ordinary jurisdiction in civil cases.

(RSMo 1939 2020)

Prior revisions: 1929 1856; 1919 2352; 1909 3874



No court to sit on Sunday.

476.250. No court shall be open or transact business on Sunday, unless it be for the purpose of receiving a verdict or discharging a jury; and every adjournment of a court on Saturday shall always be to some other day than Sunday, except such adjournment as may be made after a cause has been committed to a jury; but this section shall not prevent the exercise of the jurisdiction of any judge, when it shall be necessary in criminal cases, to preserve the peace or arrest the offender, nor shall it prevent the issuing and service of any attachment in a case where a debtor is about fraudulently to secrete or remove his effects, nor shall it prevent the issuing and service of such orders as exigencies may require.

(RSMo 1939 2027, A.L. 1978 H.B. 1634)

Prior revisions: 1929 1863; 1919 2358; 1909 3880

Effective 1-2-79



Court to audit accounts.

476.260. The court shall audit and adjust the accounts of the sheriff or other officer attending it, and certify the same for payment.

(RSMo 1939 2035, A. 1949 S.B. 1138)

Prior revisions: 1929 1871; 1919 2366; 1909 3888



Judicial department, budget, procedure for formulation.

476.265. 1. The budget for the funding of the judicial department by the state for each fiscal year shall be formulated in the same manner as provided in subdivision (4) of subsection 6 of section 1 of the Omnibus State Reorganization Act of 1974, as amended, and in section 33.220, except as otherwise provided in this section.

2. For purposes of budget procedures, the supreme court shall be considered as the head of the department. The chief judge of each district of the court of appeals with the approval of a majority of the judges of each district and the presiding judge of each circuit with the approval of a majority of the circuit and associate circuit judges of the circuit shall present their estimates for the districts and circuits, respectively, in the same manner as a division of a department of the executive branch of government.

3. The budget estimates prepared within the judicial department shall be provided to the budget director on or before October first in each year preceding the annual session of the general assembly.

4. Budgets shall be submitted by circuit and by district of the court of appeals; provided, however, that budgeting on a district-by-district and circuit-by-circuit basis shall not preclude additional contingency appropriations which may be made for allocation by the supreme court as needed among the various districts and circuits.

(L. 1978 H.B. 1634)

Effective 1-2-79



Expenditures of court to be paid out of county treasury--exceptions.

476.270. All expenditures accruing in the circuit courts, except salaries and clerk hire which is payable by the state, except all expenditures accruing in the municipal divisions of the circuit court, and except as otherwise provided by law, shall be paid out of the treasury of the county in which the court is held in the same manner as other demands.

(RSMo 1939 2102, A.L. 1945 p. 812, A.L. 1978 H.B. 1634)

Prior revisions: 1929 1940; 1919 2438; 1909 3958

Effective 1-2-79



Oath of judges.

476.280. Each judge shall, within thirty days after the receipt of his commission, and before entering upon the duties of his office, take the oath prescribed by the constitution of this state. A certificate of having taken such oath shall be endorsed upon his commission.

(RSMo 1939 1989)

Prior revisions: 1929 1825; 1919 2322; 1909 3844



Judges not to practice law--exception, municipal judges.

476.290. No judge, except a part-time municipal judge, shall practice or act as counselor or attorney in any court within this state nor shall any clerk or deputy clerk, while he continues to act as such, plead, practice or act as counselor or attorney in any court within the county for which he is such clerk or deputy clerk, in his own name or in the name of any other person, under any pretense whatever.

(RSMo 1939 2024, A. 1949 S.B. 1138, A.L. 1978 H.B. 1634)

Prior revisions: 1929 1860; 1919 2355; 1909 3877

Effective 1-2-79

CROSS REFERENCE:

Judges not to practice law or do law business, Const. Art. V 20



No judge or clerk to have partner--exception.

476.310. No judge, clerk or deputy clerk of any court shall have any partner practicing in the court in which he is a judge, clerk or deputy clerk, except that the partner of a municipal judge who is not a full-time judge may practice in other divisions of the circuit court if such practice does not involve municipal ordinance violation cases arising from a municipality which is served by such municipal judge.

(RSMo 1939 2026, A.L. 1978 H.B. 1634)

Prior revisions: 1929 1862; 1919 2357; 1909 3879

Effective 1-2-79



Judicial conference of the state of Missouri established, members.

476.320. There is hereby established "The Judicial Conference of the State of Missouri". The conference shall consist of the judges and commissioners of the supreme court and of the court of appeals, the circuit judges, associate circuit judges, family court commissioners, the commissioners of the juvenile division of the circuit courts, and all judges and commissioners who have retired under any of the provisions of sections 476.450 to 476.595 heretofore or hereafter in effect. The chief justice of the supreme court, or in his absence the vice president elected by the executive council, shall be the presiding officer.

(L. 1943 p. 514 2, A.L. 1953 p. 405, A.L. 1973 S.B. 263, A.L. 1977 H.B. 289, A.L. 1978 H.B. 1634, A.L. 1993 H.B. 346 merged with S.B. 88)



Conference shall meet, when.

476.330. The conference shall meet on the call of the chief justice. A meeting shall be called at least once a year at some convenient time and place in the state. It shall be the duty of all members of the conference to attend such annual meeting.

(L. 1943 p. 514 3)



Executive council shall be governing body, how formed--members.

476.340. 1. The governing body of the conference, between annual sessions, shall be the executive council. The executive council shall consist of the following members:

(1) The chief justice of the supreme court, or some member of the supreme court appointed by him;

(2) Two other members of the supreme court appointed by the supreme court;

(3) One member of each district of the court of appeals elected by the judges thereof, respectively;

(4) Eight circuit judges, other than judges of the probate division, three of whom shall be elected for three-year terms, one from each district of the court of appeals, by the circuit judges, other than judges of the probate division, of the district to represent each of the districts of the court of appeals, respectively. A judge whose circuit is in part in more than one district of the court of appeals may vote in and be elected to represent either district but not both. Five of the circuit judges on the council shall be elected for three-year terms by the circuit judges of the state;

(5) One judge of the probate division of circuit courts in counties having a population of more than thirty thousand inhabitants elected for a three-year term by the judges of the probate divisions of the circuit courts in such counties;

(6) Three associate circuit judges elected for three-year terms, one from each district of the court of appeals, by the associate circuit judges of the district to represent each of the districts of the court of appeals, respectively;

(7) Three other associate circuit judges elected for three-year terms by the associate circuit judges of the state;

(8) One associate circuit judge from counties having a population of thirty thousand inhabitants or less elected for a three-year term by the associate circuit judges in such counties;

(9) One retired judge or commissioner who is a member of the judicial conference elected for a three-year term by such judges and commissioners.

Members of the executive council on August 28, 2003, shall serve out their terms and their replacements shall be elected under the provisions of this section. Vacancies shall be filled for the unexpired term of any member as provided by resolution of the judicial conference.

2. The executive council shall have general supervision of the work of the conference and such other duties and authority as may be given to it under rules or resolutions adopted by the conference. The members of the executive council shall elect one of its members vice president to act in the absence of the chief justice.

(L. 1943 p. 514 4, A.L. 1973 S.B. 263, A.L. 1977 H.B. 289, A.L. 1978 H.B. 1634, A.L. 1993 S.B. 180, A.L. 2003 H.B. 430 merged with H.B. 613 merged with S.B. 457)



Duties of judicial conference, executive council and circuit judges.

476.350. 1. It shall be the duty of said judicial conference and its executive council to study the organization, rules, methods of procedure, and practice of the judicial system of this state, the work accomplished, and the results produced by that system in its various parts and judicial tribunals; the problems of administration confronting the courts and the judicial system in general.

2. It shall be the duty of the presiding judge of each circuit, of the chief justice of the supreme court and of the chief judge of each district of the court of appeals to prepare and submit to the executive council, at such times and in such form as may be specified by rules of the conference, reports setting forth the condition of the docket and the business dispatched and pending in his court or the courts over which he presides, and such other facts pertinent to the business dispatched and pending as the conference or its executive council may deem proper. Such reports shall be public records and rules may be made for publication of the same or summaries thereof.

3. It shall be the duty of said conference through its executive council to make biennially to the general assembly of the state any recommendations it may deem proper for the modification or amelioration of existing conditions, for harmonizing and improving laws, or for amendments to the codes of practice and procedure, and concerning any statute or legislative act which has been declared unconstitutional.

4. The conference may authorize the presiding officer or the executive council to appoint such committees as are necessary to expedite the performance of the duties herein required. The conference may make and adopt such rules as it deems necessary to carry out the purposes and provisions of this law.

(L. 1943 p. 514 5, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634)

Effective 1-2-79



Clerks of various courts shall make reports to executive council.

476.360. The clerks of the various courts of the state named in section 476.320, shall make such reports to the executive council as the conference or the executive council may require.

(L. 1943 p. 514 6)



Conference or council empowered to hold hearings.

476.370. The conference or the executive council is empowered in its discretion to hold before the full conference, or its executive council, or any committee thereof it may constitute for such purpose, hearings on any question concerning which the conference or its executive council may deem it proper to hold hearings.

(L. 1943 p. 514 7)



Expense allowance for conference attendance.

476.380. Each judge attending the annual meeting of the conference, and each member of the executive council attending meetings of the council not to exceed four times each year, shall receive his actual and necessary expenses, to be paid from the state treasury on order of the presiding officer certified to the commissioner of administration.

(L. 1943 p. 514 8, A. 1949 S.B. 1138, A.L. 1977 H.B. 289, A.L. 1978 H.B. 1634, A.L. 1997 S.B. 299, A.L. 1999 H.B. 368)



Schedule of fines committee, appointment, duties, powers--associate circuit judges may adopt schedule--central violations bureau established--powers, duties.

476.385. 1. The judges of the supreme court may appoint a committee consisting of at least seven associate circuit judges, who shall meet en banc and establish and maintain a schedule of fines to be paid for violations of sections 210.104**, 577.070, and 577.073, and chapters 252, 301, 302, 304, 306, 307 and 390, with such fines increasing in proportion to the severity of the violation. The associate circuit judges of each county may meet en banc and adopt the schedule of fines and participation in the centralized bureau pursuant to this section. Notice of such adoption and participation shall be given in the manner provided by supreme court rule. Upon order of the supreme court, the associate circuit judges of each county may meet en banc and establish and maintain a schedule of fines to be paid for violations of municipal ordinances for cities, towns and villages electing to have violations of its municipal ordinances heard by associate circuit judges, pursuant to section 479.040; and for traffic court divisions established pursuant to section 479.500. The schedule of fines adopted for violations of municipal ordinances may be modified from time to time as the associate circuit judges of each county en banc deem advisable. No fine established pursuant to this subsection may exceed the maximum amount specified by statute or ordinance for such violation.

2. In no event shall any schedule of fines adopted pursuant to this section include offenses involving the following:

(1) Any violation resulting in personal injury or property damage to another person;

(2) Operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs;

(3) Operating a vehicle with a counterfeited, altered, suspended or revoked license;

(4) Fleeing or attempting to elude an officer.

3. There shall be a centralized bureau to be established by supreme court rule in order to accept pleas of not guilty or guilty and payments of fines and court costs for violations of the laws and ordinances described in subsection 1 of this section, made pursuant to a schedule of fines established pursuant to this section. The centralized bureau shall collect, with any plea of guilty and payment of a fine, all court costs which would have been collected by the court of the jurisdiction from which the violation originated.

4. If a person elects not to contest the alleged violation, the person shall send payment in the amount of the fine and any court costs established for the violation to the centralized bureau. Such payment shall be payable to the central violations bureau, shall be made by mail or in any other manner established by the centralized bureau, and shall constitute a plea of guilty, waiver of trial and a conviction for purposes of section 302.302, and for purposes of imposing any collateral consequence of a criminal conviction provided by law. By paying the fine and costs, the person also consents to attendance either online or in person at any driver-improvement program or motorcycle-rider training course ordered by the court and consents to verification of such attendance as directed by the bureau. Notwithstanding any provision of law to the contrary, the prosecutor shall not be required to sign any information, ticket or indictment if disposition is made pursuant to this subsection. In the event that any payment is made pursuant to this section by credit card or similar method, the centralized bureau may charge an additional fee in order to reflect any transaction cost, surcharge or fee imposed on the recipient of the credit card payment by the credit card company.

5. If a person elects to plead not guilty, such person shall send the plea of not guilty to the centralized bureau. The bureau shall send such plea and request for trial to the prosecutor having original jurisdiction over the offense. Any trial shall be conducted at the location designated by the court. The clerk of the court in which the case is to be heard shall notify in writing such person of the date certain for the disposition of such charges. The prosecutor shall not be required to sign any information, ticket or indictment until the commencement of any proceeding by the prosecutor with respect to the notice of violation.

6. In courts adopting a schedule of fines pursuant to this section, any person receiving a notice of violation pursuant to this section shall also receive written notification of the following:

(1) The fine and court costs established pursuant to this section for the violation or information regarding how the person may obtain the amount of the fine and court costs for the violation;

(2) That the person must respond to the notice of violation by paying the prescribed fine and court costs, or pleading not guilty and appearing at trial, and that other legal penalties prescribed by law may attach for failure to appear and dispose of the violation. The supreme court may modify the suggested forms for uniform complaint and summons for use in courts adopting the procedures provided by this section, in order to accommodate such required written notifications.

7. Any moneys received in payment of fines and court costs pursuant to this section shall not be considered to be state funds, but shall be held in trust by the centralized bureau for benefit of those persons or entities entitled to receive such funds pursuant to this subsection. All amounts paid to the centralized bureau shall be maintained by the centralized bureau, invested in the manner required of the state treasurer for state funds by sections 30.240, 30.250, 30.260 and 30.270, and disbursed as provided by the constitution and laws of this state. Any interest earned on such fund shall be payable to the director of the department of revenue for deposit into a revolving fund to be established pursuant to this subsection. The state treasurer shall be the custodian of the revolving fund, and shall make disbursements, as allowed by lawful appropriations, only to the judicial branch of state government for goods and services related to the administration of the judicial system.

8. Any person who receives a notice of violation subject to this section who fails to dispose of such violation as provided by this section shall be guilty of failure to appear provided by section 544.665; and may be subject to suspension of driving privileges in the manner provided by section 302.341. The centralized bureau shall notify the appropriate prosecutor of any person who fails to either pay the prescribed fine and court costs, or plead not guilty and request a trial within the time allotted by this section, for purposes of application of section 544.665. The centralized bureau shall also notify the department of revenue of any failure to appear subject to section 302.341, and the department shall thereupon suspend the license of the driver in the manner provided by section 302.341, as if notified by the court.

9. In addition to the remedies provided by subsection 8 of this section, the centralized bureau and the courts may use the remedies provided by sections 488.010 to 488.020 for the collection of court costs payable to courts, in order to collect fines and court costs for violations subject to this section.

(L. 1996 S.B. 869 C-8, A.L. 1997 S.B. 248, A.L. 1999 S.B. 1, et al., A.L. 2003 H.B. 613, A.L. 2009 H.B. 683, A.L. 2013 S.B. 23)

*Effective 3-03-14

*This section was amended by S.B. 23, 2013. Due to a delayed effective date, both versions of this section are printed here.

**Section 210.104 was repealed in 2006 by S.B. 872, et al.



Schedule of fines committee, appointment, duties, powers--associate circuit judges may adopt schedule--central violations bureau established--powers, duties.

476.385. 1. The judges of the supreme court may appoint a committee consisting of at least seven associate circuit judges, who shall meet en banc and establish and maintain a schedule of fines to be paid for violations of sections 210.104**, 577.070, and 577.073, and chapters 252, 301, 302, 304, 306, 307 and 390, with such fines increasing in proportion to the severity of the violation. The associate circuit judges of each county may meet en banc and adopt the schedule of fines and participation in the centralized bureau pursuant to this section. Notice of such adoption and participation shall be given in the manner provided by supreme court rule. Upon order of the supreme court, the associate circuit judges of each county may meet en banc and establish and maintain a schedule of fines to be paid for violations of municipal ordinances for cities, towns and villages electing to have violations of its municipal ordinances heard by associate circuit judges, pursuant to section 479.040; and for traffic court divisions established pursuant to section 479.500. The schedule of fines adopted for violations of municipal ordinances may be modified from time to time as the associate circuit judges of each county en banc deem advisable. No fine established pursuant to this subsection may exceed the maximum amount specified by statute or ordinance for such violation.

2. In no event shall any schedule of fines adopted pursuant to this section include offenses involving the following:

(1) Any violation resulting in personal injury or property damage to another person;

(2) Operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs;

(3) Operating a vehicle with a counterfeited, altered, suspended or revoked license;

(4) Fleeing or attempting to elude an officer.

3. There shall be a centralized bureau to be established by supreme court rule in order to accept pleas of not guilty or guilty and payments of fines and court costs for violations of the laws and ordinances described in subsection 1 of this section, made pursuant to a schedule of fines established pursuant to this section. The centralized bureau shall collect, with any plea of guilty and payment of a fine, all court costs which would have been collected by the court of the jurisdiction from which the violation originated.

4. If a person elects not to contest the alleged violation, the person shall send payment in the amount of the fine and any court costs established for the violation to the centralized bureau. Such payment shall be payable to the central violations bureau, shall be made by mail or in any other manner established by the centralized bureau, and shall constitute a plea of guilty, waiver of trial and a conviction for purposes of section 302.302, and for purposes of imposing any collateral consequence of a criminal conviction provided by law. By paying the fine and costs, the person also consents to attendance at any driver-improvement program or motorcycle-rider training course ordered by the court and consents to verification of such attendance as directed by the bureau. Notwithstanding any provision of law to the contrary, the prosecutor shall not be required to sign any information, ticket or indictment if disposition is made pursuant to this subsection. In the event that any payment is made pursuant to this section by credit card or similar method, the centralized bureau may charge an additional fee in order to reflect any transaction cost, surcharge or fee imposed on the recipient of the credit card payment by the credit card company.

5. If a person elects to plead not guilty, such person shall send the plea of not guilty to the centralized bureau. The bureau shall send such plea and request for trial to the prosecutor having original jurisdiction over the offense. Any trial shall be conducted at the location designated by the court. The clerk of the court in which the case is to be heard shall notify in writing such person of the date certain for the disposition of such charges. The prosecutor shall not be required to sign any information, ticket or indictment until the commencement of any proceeding by the prosecutor with respect to the notice of violation.

6. In courts adopting a schedule of fines pursuant to this section, any person receiving a notice of violation pursuant to this section shall also receive written notification of the following:

(1) The fine and court costs established pursuant to this section for the violation or information regarding how the person may obtain the amount of the fine and court costs for the violation;

(2) That the person must respond to the notice of violation by paying the prescribed fine and court costs, or pleading not guilty and appearing at trial, and that other legal penalties prescribed by law may attach for failure to appear and dispose of the violation. The supreme court may modify the suggested forms for uniform complaint and summons for use in courts adopting the procedures provided by this section, in order to accommodate such required written notifications.

7. Any moneys received in payment of fines and court costs pursuant to this section shall not be considered to be state funds, but shall be held in trust by the centralized bureau for benefit of those persons or entities entitled to receive such funds pursuant to this subsection. All amounts paid to the centralized bureau shall be maintained by the centralized bureau, invested in the manner required of the state treasurer for state funds by sections 30.240, 30.250, 30.260 and 30.270, and disbursed as provided by the constitution and laws of this state. Any interest earned on such fund shall be payable to the director of the department of revenue for deposit into a revolving fund to be established pursuant to this subsection. The state treasurer shall be the custodian of the revolving fund, and shall make disbursements, as allowed by lawful appropriations, only to the judicial branch of state government for goods and services related to the administration of the judicial system.

8. Any person who receives a notice of violation subject to this section who fails to dispose of such violation as provided by this section shall be guilty of failure to appear provided by section 544.665; and may be subject to suspension of driving privileges in the manner provided by section 302.341. The centralized bureau shall notify the appropriate prosecutor of any person who fails to either pay the prescribed fine and court costs, or plead not guilty and request a trial within the time allotted by this section, for purposes of application of section 544.665. The centralized bureau shall also notify the department of revenue of any failure to appear subject to section 302.341, and the department shall thereupon suspend the license of the driver in the manner provided by section 302.341, as if notified by the court.

9. In addition to the remedies provided by subsection 8 of this section, the centralized bureau and the courts may use the remedies provided by sections 488.010 to 488.020 for the collection of court costs payable to courts, in order to collect fines and court costs for violations subject to this section.

(L. 1996 S.B. 869 C-8, A.L. 1997 S.B. 248, A.L. 1999 S.B. 1, et al., A.L. 2003 H.B. 613, A.L. 2009 H.B. 683)

*This section was amended by S.B. 23, 2013, effective 3-03-14.

**Section 210.104 was repealed in 2006 by S.B. 872, et al.



Judicial department, annual salary adjustment, when, restrictions on, how appropriated--compensation schedule to be maintained, where, how--duty of revisor of statutes.

476.405. 1. Within the limits of any appropriation made for this purpose, the salary fixed by sections 211.381, 211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060 may be adjusted in any one year by a salary adjustment. The salary adjustment shall not exceed the salary adjustment for the executive department contained in the pay plan applicable to other state employees at a similar salary level for that fiscal year. If no salary adjustment or a lower salary adjustment is granted pursuant to this section than is granted the executive department in any year, then the salary adjustment granted pursuant to this section in the next fiscal year may exceed the salary adjustment of the executive department by the amount of the difference in the prior year.

2. The amount of a salary adjustment to be approved pursuant to this section shall be stated in a separate line item of the appropriation bill. A salary adjustment approved pursuant to this section shall be added to the statutory salary and the sum of these amounts shall be the statutory salary of the office for all purposes. This statutory salary shall be included in the appropriation bill in the same manner as any other personal service appropriation involving a statutory salary.

3. The office of administration shall maintain a compensation schedule for each fiscal year indicating the highest statutory salary paid for each office specified in sections 211.381, 211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060, and the salary adjustment contained in the pay plan applicable to other state employees generally. The schedule shall be open for public inspection and shall be annually included in the Missouri Register and an appendix to the Revised Statutes of Missouri. For each office for which a salary adjustment is approved pursuant to this section, the revisor of statutes shall place a revisor's note following each section providing compensation for the office referencing the reader to the compensation index.

(L. 1982 S.B. 497 1, A.L. 1984 H.B. 1244, A.L. 1996 S.B. 719)



Employees of twenty-second judicial circuit may work forty-hour week.

476.406. Any provisions of law to the contrary notwithstanding, any employee of the twenty-second judicial circuit shall, at his option, be allowed to work a forty-hour week in order to obtain the full benefits of his appropriated salary.

(L. 1988 S.B. 425)



Transfer of case filed in wrong jurisdiction.

476.410. The division of a circuit court in which a case is filed laying venue in the wrong division or wrong circuit shall transfer the case to any division or circuit in which it could have been brought.

(L. 1989 S.B. 127, et al. 1)

(2004) Section applies to defendant''s pro se motion for post-conviction relief, for purposes of limitations period for filing motion. Nicholson v. State, 151 S.W.3d 369 (Mo.banc).



Reports, statistical information on caseload, filed with supreme court, when--contents.

476.412. In addition to any other report required by law or court rule, or in conjunction with such report, each presiding judge of a judicial circuit and the chief judge of each district of the court of appeals shall file an annual report by September first of each year or such other date as directed by the supreme court. The report shall be in the form prescribed by the state courts administrator and shall provide statistical information, where applicable, on the performance of the reporting court and each judge of the reporting court in relation to caseload handled by the court during the period between reports, the rate of disposition of cases, the average duration of cases until final disposition, the number of cases requiring trial, the number of cases disposed of by settlement, the average time between filing of a case and final disposition and the average projected time between filing of a case and final disposition. Such statistical information shall be particularized according to type of case, including but not limited to personal injury, contract, domestic relations, equity, juvenile, felonies and misdemeanors. The report made by the presiding judge of each circuit shall also include the number and type of circuit division cases handled by associate circuit judges and the number and type of such cases handled by senior judges, if any, assigned to the circuit. Each report shall also include an analysis by the reporting judge on the success of the court in handling its caseload, procedures adopted by the court to handle caseload, projected ability of the court under existing conditions to handle projected future caseload, any needs of the court for additional judges, additional court personnel, space, facilities, and equipment and necessary or desired changes in court rules or procedures or in state law. In connection with any recommendation for additional judges, the report shall specify in detail the conditions requiring additional judges and whether the needs of the court could be satisfied by the appointment of senior judges as provided in section 476.681, or by assignment of judges from other circuits, how many such judges would be required, for what periods of time, and the type of cases proposed to be handled.

(L. 1989 S.B. 439 3)



Disability retirement of supreme court and court of appeals commissioners--hearing--compensation.

476.445. 1. Any commissioner of the supreme court or commissioner of a court of appeals who is unable to discharge the duties of his office with efficiency by reason of continued sickness or physical or mental infirmity shall be retired from office upon the en banc order of the court appointing him.

2. No order retiring a commissioner shall be entered without the commissioner involved having been given due notice and an opportunity to be heard and without a finding by a majority of the court involved that the commissioner's disability is permanent.

3. Any commissioner retired under the provisions of this section shall receive as compensation during such retirement and until the end of the term for which he was appointed a sum equal to one-half of the regular compensation for that office.

4. Any commissioner retired under the provisions of this section shall not be eligible to be made, constituted and appointed a special commissioner as provided in sections 476.450 to 476.510 (nor to receive the compensation provided therefor by sections 476.450 to 476.510) during the period of his retirement under the provisions of this section but upon the completion of such period he shall be and become eligible to be made, constituted and appointed a special commissioner as provided in sections 476.450 to 476.510 if he be otherwise qualified as to age and length of service.

(L. 1963 p. 656 1)



Judges may become special commissioners, when--salary or retirement compensation.

476.450. 1. Any person having reached the age of sixty-five years and having in this state served an aggregate of twelve years, continuously or otherwise, as a judge or commissioner of the supreme court, or as a judge or commissioner of any of the courts of appeals, or as a circuit judge, or as a judge of a court of criminal correction, or as a judge of a court of common pleas, or either or both as judge or commissioner of any of said courts, and who shall have ceased to hold such office by reason of the expiration of his term, or voluntary resignation or retirement by reason of having reached the age of seventy-five years, under section 25, article V, of the Constitution of Missouri, shall, if he so elects as hereinafter provided, be made, constituted and appointed a special commissioner or referee for and during the remainder of his life and shall, while he remains a resident of Missouri, be entitled to and shall receive as annual compensation, salary or retirement compensation during the remainder of his life a sum equal in amount to one-half the salary or compensation provided for by law on January 1, 1989, for the office from which he has retired, except as follows:

(1) For the period from August 13, 1986, until January 1, 1988, the annual compensation, salary or retirement compensation shall equal forty percent of the salary or compensation provided by law on August 13, 1986, for the office from which he has retired;

(2) For the period January 1, 1988, through December 31, 1988, the annual compensation, salary or retirement compensation shall equal forty-five percent of the salary or compensation provided by law on January 1, 1988, for the office from which he has retired.

2. A judge of the supreme court who ceased or ceases to hold office by reason of the expiration of his term, voluntary resignation, or retirement from the supreme court and who is sixty-five years of age or older and has served an aggregate of at least eight years or who is sixty years of age or older and has served an aggregate of at least twelve years, continuously or otherwise, as a judge of the supreme court may elect, before June 30, 1988, to be made, constituted and appointed a special commissioner or referee and shall receive as annual compensation, in lieu of the compensation provided by subsection 1 of this section, one-half of the salary or compensation provided by law at the time of such election under this subsection for the office from which he has retired.

(L. 1951 p. 442 1, A.L. 1986 H.B. 1496, A.L. 1987 H.B. 713, A.L. 1997 H.B. 356)



Definitions.

476.451. The meaning of the terms hereinafter defined shall encompass the following meanings except where the context clearly reveals otherwise:

(1) In sections 476.450 and 476.470, the term "section 25 of article V of the Constitution of Missouri" refers to the section of the constitution which was so designated in the text of the constitution prior to January 1, 1972.

(2) In sections 476.450 and 476.453, the term "judge of the circuit court" means "circuit judge".

(3) In section 476.455, the term "section 29, article V of the constitution" refers to the section of the constitution which was so designated in the text of the constitution prior to January 2, 1979, and refers to the nonpartisan court plan.

(4) In section 476.456, the term "courts provided for under sections 16 and 18, article V of the constitution" refers to the probate and magistrate courts which were provided for in the constitution prior to January 2, 1979, and the divisions of the circuit court after that date which replace such courts.

(5) From and after January 2, 1979, the judicial offices listed in section 476.458 shall be deemed to include those judgeships replacing the named judgeships by reason of the adoption of Constitutional Amendment No. 6 at the election of August 3, 1976. To the extent that the provisions of section 476.458 are inconsistent with provisions contained in said Constitutional Amendment No. 6, as provisions of Constitutional Amendment No. 6 become effective such provisions shall control to the exclusion of the contrary provisions contained in section 476.458.

(6) In subdivision (4) of section 476.515, the term "judge of any circuit court" includes a circuit judge and an associate circuit judge, but does not include a municipal judge.

(7) In section 476.520, the term "subsection 2 of section 27 of article V of the Constitution of Missouri" refers to the section of the constitution which was so designated in the text of the constitution prior to January 2, 1979, and to subsection 2 of section 24 of article V of the constitution in effect after that date.

(8) In sections 476.520 and 476.535, the term "section 30 of article V of the constitution" refers to the section of the constitution which was so designated in the text of the constitution prior to January 2, 1979, and to subsection 1 of section 26 of article V of the constitution in effect after that date.

(9) In section 476.550, the term "section 27 of article V of the Constitution of Missouri" refers to the section of the constitution which was so designated in the text of the constitution prior to January 2, 1979, and to section 24 of article V of the constitution after that date.

(10) In section 476.575, the term "judge" shall not include a municipal judge.

(L. 1978 H.B. 1634)

Effective 1-2-79



Beneficiaries of special commissioners, benefits, how paid.

476.452. As part of the compensation of a special commissioner or referee, when he dies his beneficiary shall receive one-half of the compensation the special commissioner or referee was receiving at his date of death, payable monthly.

(L. 1982 S.B. 497 476.597, A.L. 1983 H.B. 713 Revision, A.L. 1988 S.B. 425)



Judges of six years' service prior to law, eligible.

476.453. Any person having reached the age of sixty-five years and having served in this state an aggregate of twelve years, continuously or otherwise, as a judge or commissioner of any court mentioned in section 476.450, or having served in this state continuously for six years as a judge of any court mentioned in section 476.450 prior to the effective date of this section, shall, if he so elects, be made, constituted and appointed a special commissioner or referee for and during the remainder of his life, as provided and in the manner set forth in section 476.500, and when so appointed shall receive the same compensation as provided by law for special commissioners or referees, made, constituted or appointed under the provisions of section 476.450, and shall be subject to and comply with all the provisions of chapter 476 applicable to special commissioners or referees, the same as special commissioners or referees made, constituted or appointed under the provisions of section 476.450.

(L. 1959 S.B. 288 476.451)



All judges under nonpartisan plan eligible for retirement.

476.455. Any person having reached the age of sixty-five years, and having served an aggregate of twelve years continuously or otherwise as a judge of any of the courts whose judge or judges are required to be selected under the provisions of section 29, article V of the constitution, shall have the same rights and privileges upon the same conditions as are provided for the judges and commissioners specified in section 476.450.

(L. 1953 p. 391 1)



Probate or magistrate judges may become special commissioners, when--salary or retirement compensation--credit for service as justice of peace.

476.456. 1. Any person whether or not a licensed attorney having reached the age of sixty-five years, and having any prior judicial service except as a police judge or justice of the peace of twelve years or more on October 13, 1969, or having served an aggregate of twelve years continuously or otherwise as judge or commissioner of any of the courts provided for under the provisions of sections 16 and 18, article V of the constitution, shall have the same rights and privileges upon the same conditions as are provided for the judges and commissioners specified in section 476.450.

2. Any judge presently serving as a magistrate or probate judge is entitled to include any time he has served as a justice of the peace of this state in computing the prior judicial service required by this section.

(L. 1969 p. 554)



Probate and magistrate judges shall retire, age, exception--may petition to serve beyond retirement age, when petition to be granted--elected judges to complete term.

476.458. 1. Except as otherwise provided in this section, or by any other law, magistrate judges, probate judges, and probate ex officio magistrate judges shall retire at the age of seventy years and may participate, if otherwise eligible, in the retirement plan established by sections 476.515 to 476.570, except that, the provisions of sections 476.458, 478.015, 478.021, 478.071, 478.072, 482.040, 482.090, 482.230, 482.300 to 482.365 and 483.497 shall not prevent any person holding the office of magistrate judge, probate judge or probate ex officio magistrate judge, or any person elected or appointed to the office of magistrate judge, probate judge or probate ex officio magistrate judge from holding office during the remainder of the term to which he was elected or appointed.

2. Any magistrate judge, probate judge not under the nonpartisan court plan, or probate ex officio magistrate judge who on August 13, 1976, or within six months thereafter, is seventy years of age or older, may petition the commission on retirement, removal and discipline to continue to serve until age seventy-six if he has not completed a total of twelve years of service as a judge. Except as otherwise provided by any other law, any magistrate judge, probate judge not under the nonpartisan court plan, or probate ex officio magistrate judge, who is in office on August 13, 1976, may, within six months before attaining the age of seventy years, petition the commission on retirement, removal, and discipline to be allowed to serve after he has attained that age until age seventy-six or has completed a total of twelve years of service as a judge, whichever shall occur first. If the commission finds the petitioner to be able to perform his duties and approves such service, the petitioner may continue to serve as such a judge until age seventy-six if he has not completed a total of twelve years of service as a judge at such age. No person shall be permitted to serve as such a judge beyond the age of seventy-six years regardless of whether or not he has completed a total of twelve years except for the purpose of completing the term to which he was elected or appointed, as provided in subsection 1 of this section.

3. Any magistrate, regardless of age elected in 1976 to fill an unexpired term shall be permitted to complete that term.

(L. 1976 H.B. 1317 & 1098 5)



Special commissioner subject to temporary duty.

476.460. Each such special commissioner or referee shall be subject to call by the supreme court for temporary duty in any court of the state to render such duties as may be directed by the supreme court or as may now or hereafter be prescribed by law.

(L. 1951 p. 442 2)



Judge not eligible for retirement, when.

476.470. Any judge retiring from office under the provisions of section 27, article V of the Constitution of Missouri, shall not be eligible for the retirement provided by sections 476.450 to 476.510 during the period of his compensation under such constitutional provisions, but upon the completion of such period he shall be and become eligible for the retirement privileges provided for in sections 476.450 to 476.510 if he be otherwise qualified as to age and length of service.

(L. 1951 p. 442 3)



Judges convicted, impeached or removed from office ineligible--intentional killing of judge bars survivor benefits, when.

476.480. 1. Sections 476.450 to 476.510 shall not apply to any person who has been convicted of a felony in any court or who has been impeached or removed from office for misconduct for acts involving moral turpitude.

2. The board of trustees of the Missouri state employees' retirement system shall cease paying benefits to any beneficiary of a judge who is charged with the intentional killing of the judge without legal excuse or justification. A beneficiary who is convicted of such charge shall no longer be entitled to receive benefits. If the beneficiary is not convicted of such charge, the board shall resume payment of benefits and shall pay the beneficiary any benefits that were suspended pending resolution of such charge.

(L. 1951 p. 442 4, A.L. 1993 S.B. 88, A.L. 1997 H.B. 356)



Expenses of special commissioner.

476.490. In addition to the compensation herein provided, any such special commissioner or referee shall be allowed and paid out of the general revenue, his actual expenses incurred in performing such services outside the county of his residence.

(L. 1951 p. 442 5)



Acceptance by judge--procedure.

476.500. Any person who desires to accept the provisions of sections 476.450 to 476.510 shall notify the governor in writing of such fact; and if he be qualified the governor shall certify such fact to the commissioner of administration and state auditor and to the chief justice of the supreme court.

(L. 1951 p. 442 6)



Practice of law permitted, when, requirements, exceptions.

476.510. Any person under the age of seventy-six who retires or is retired under the provisions of sections 476.450 to 476.510 may engage in the practice of law if he makes himself available to serve as appointed defense counsel for indigent persons who may be charged with a violation of any of the criminal laws of this state. Such appointments shall not exceed six cases involving prosecution for a violation of a criminal law classified as a felony in any calendar year, and any person so appointed shall not receive any compensation therefor but may be reimbursed for his actual and necessary out-of-pocket expenses from funds appropriated for the support of public defender activities. The supreme court may excuse any such person from so serving as appointed defense counsel upon a showing of physical or mental condition which would preclude such service. Any person of the age of seventy-six or over who retires or is retired under the provisions of sections 476.450 to 476.510 may engage in the practice of law without making himself available to serve as appointed defense counsel.

(L. 1951 p. 442 7, A.L. 1981 H.B. 835, et al.)

Effective 5-12-81



Definitions--reinstatement of benefits for surviving spouse terminated by remarriage, when, procedure.

476.515. 1. As used in sections 476.515 to 476.565, unless the context clearly indicates otherwise, the following terms mean:

(1) "Beneficiary", a surviving spouse married to the deceased judge continuously for a period of at least two years immediately preceding the judge's death or if there is no surviving spouse eligible to receive benefits pursuant to sections 476.515 to 476.565, the term "beneficiary" shall mean any child under age twenty-one of the deceased judge, who shall share in the benefits on an equal basis with all other beneficiaries;

(2) "Benefit", a series of equal monthly payments payable during the life of a judge retiring pursuant to the provisions of sections 476.515 to 476.565 or payable to a beneficiary as provided in sections 476.515 to 476.565; all benefits paid pursuant to sections 476.515 to 476.565 in excess of any contributions made to the system by a judge shall be considered to be a part of the compensation provided a judge for the judge's services;

(3) "Commissioner of administration", the commissioner of administration of the state of Missouri;

(4) "Judge", any person who has served or is serving as a judge or commissioner of the supreme court or of the court of appeals; or as a judge of any circuit court, probate court, magistrate court, court of common pleas or court of criminal corrections of this state; as a justice of the peace; or as commissioner or deputy commissioner of the circuit court appointed after February 29, 1972;

(5) "Salary", the total compensation paid for personal services as a judge by the state or any of its political subdivisions.

2. A surviving spouse whose benefits were terminated because of remarriage prior to October 1, 1984, shall, upon written application to the board within six months after October 1, 1984, have the surviving spouse's rights as a beneficiary restored. Benefits shall resume as of October 1, 1984.

(L. 1971 S.B. 132 1, A.L. 1977 S.B. 364, A.L. 1984 H.B. 1370 merged with S.B. 491, A.L. 1988 S.B. 425, A.L. 1989 H.B. 674, A.L. 1995 H.B. 416, et al., A.L. 1997 H.B. 356, A.L. 1999 S.B. 1, et al., A.L. 2013 H.B. 233)



One-time retirement plan election for certain judges.

476.517. Any judge who is or has been a commissioner or deputy commissioner of the circuit court appointed after February 29, 1972, who has received creditable service pursuant to chapter 104 and sections 476.515 to 476.565, based on service as a commissioner or deputy commissioner shall make a one-time retirement plan election upon application to receive retirement benefits. Such judge shall elect to:

(1) Receive retirement benefits based on all of the judge's service as a commissioner or deputy commissioner of the circuit court pursuant to section 104.374 or 104.1024 or sections 476.515 to 476.565; or

(2) Receive retirement benefits pursuant to section 104.374 or 104.1024, based on the judge's service as a commissioner or deputy commissioner of the circuit court prior to August 28, 1999, and receive retirement benefits pursuant to sections 476.515 to 476.565 based on the judge's service as a commissioner or deputy commissioner of the circuit court on or after August 28, 1999.

(L. 2001 S.B. 371, A.L. 2002 H.B. 1455)

Effective 7-11-02



Eligibility requirements.

476.520. 1. Any person, sixty-two years of age or older, who has served in this state an aggregate of at least twelve years, continuously or otherwise, as a judge, and who, after September 3, 1970, ceased or ceases to hold office by reason of the expiration of the judge's term, voluntary resignation, or retirement pursuant to the provisions of subsection 2 of section 24 of article V of the Constitution of Missouri may receive benefits as provided in sections 476.515 to 476.565. All judges required by the provisions of section 30 of article V of the constitution to retire at the age of seventy years shall retire upon reaching that age, and if they have served in this state an aggregate of at least twelve years, continuously or otherwise, as a judge, shall receive benefits as provided in sections 476.515 to 476.565. The twelve-year requirement of this subsection may be fulfilled by service as judge in any of the courts covered, or by service in any combination as judge of such courts, totaling an aggregate of twelve years.

2. Any person sixty years of age or older, who has served in this state an aggregate of at least fifteen years, continuously or otherwise, as a judge, and who ceased or ceases to hold office by reason of the expiration of the judge's term, voluntary resignation, or retirement pursuant to the provisions of subsection 2 of section 24 of article V of the Constitution of Missouri may receive benefits as provided in sections 476.515 to 476.565. The fifteen-year requirement of this subsection may be fulfilled by service as judge in any of the courts covered, or by service in any combination as judge of such courts, totaling an aggregate of at least fifteen years.

3. Any person fifty-five years of age or older, who has served in this state an aggregate of at least twenty years, continuously or otherwise, as a judge, and who ceases to hold office by reason of the expiration of his or her term, voluntary resignation or retirement pursuant to the provisions of subsection 2 of section 24 of article V of the Constitution of Missouri may receive benefits as provided in sections 476.515 to 476.565. The twenty-year requirement of this subsection may be fulfilled by service as judge in any of the courts covered, or by service in any combination as judge of such courts, totaling an aggregate of at least twenty years. Any judge who terminated employment prior to August 28, 1999, and who otherwise would qualify for benefits pursuant to this subsection shall upon application to the board of trustees be made, constituted and appointed and employed by the board as a special consultant on the problems of retirement for the remainder of the person's life. As compensation for such services, the consultant shall be eligible to retire pursuant to this subsection upon completing a retirement application. In no event shall the system pay retirement benefits for any period prior to the date such application is processed by the system. Any judge who elects not to retire pursuant to this subsection and continues to serve beyond age fifty-five shall not be eligible to receive the increases described in section 476.690 for any time served prior to age sixty.

4. Any person who terminated employment prior to August 13, 1988, shall upon application to the board of trustees of the Missouri state employees' retirement system, be made, constituted and appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters for the remainder of the person's life. Upon request of the board or the court from which the person retired, the consultant shall give opinions or be available to give opinions in writing or orally in response to such request. As compensation for such services, the consultant shall be eligible to retire pursuant to the provisions of this section or section 476.545.

(L. 1971 S.B. 132 2, A.L. 1987 H.B. 713, A.L. 1988 S.B. 425 merged with H.B. 1242 Revision, A.L. 1997 H.B. 356, A.L. 1999 S.B. 308 & 314)



New judges, benefits, eligibility requirements--contribution amount--employment after retirement, effect of.

476.521. 1. Notwithstanding any provision of chapter 476 to the contrary, each person who first becomes a judge on or after January 1, 2011, and continues to be a judge may receive benefits as provided in sections 476.445 to 476.688 subject to the provisions of this section.

2. Any person who is at least sixty-seven years of age, has served in this state an aggregate of at least twelve years, continuously or otherwise, as a judge, and ceases to hold office by reason of the expiration of the judge's term, voluntary resignation, or retirement pursuant to the provisions of subsection 2 of section 24 of article V of the Constitution of Missouri may receive benefits as provided in sections 476.515 to 476.565. The twelve-year requirement of this subsection may be fulfilled by service as judge in any of the courts covered, or by service in any combination as judge of such courts, totaling an aggregate of twelve years. Any judge who is at least sixty-seven years of age and who has served less than twelve years and is otherwise qualified under sections 476.515 to 476.565 may retire after reaching age sixty-seven, or thereafter, at a reduced retirement compensation in a sum equal to the proportion of the retirement compensation provided in section 476.530 that his or her period of judicial service bears to twelve years.

3. Any person who is at least sixty-two years of age or older, has served in this state an aggregate of at least twenty years, continuously or otherwise, as a judge, and ceases to hold office by reason of the expiration of the judge's term, voluntary resignation, or retirement pursuant to the provisions of subsection 2 of section 24 of article V of the Constitution of Missouri may receive benefits as provided in sections 476.515 to 476.565. The twenty-year requirement of this subsection may be fulfilled by service as a judge in any of the courts covered, or by service in any combination as judge of such courts, totaling an aggregate of twenty years. Any judge who is at least sixty-two years of age and who has served less than twenty years and is otherwise qualified under sections 476.515 to 476.565 may retire after reaching age sixty-two, at a reduced retirement compensation in a sum equal to the proportion of the retirement compensation provided in section 476.530 that his or her period of judicial service bears to twenty years.

4. All judges under this section required by the provisions of section 26 of article V of the Constitution of Missouri to retire at the age of seventy years shall retire upon reaching that age.

5. The provisions of sections 104.344, 476.524, and 476.690 shall not apply to judges covered by this section.

6. A judge shall be required to contribute four percent of the judge's compensation to the retirement system, which shall stand to the judge's credit in his or her individual account with the system, together with investment credits thereon, for purposes of funding retirement benefits payable as provided in sections 476.515 to 476.565, subject to the following provisions:

(1) The state of Missouri employer, pursuant to the provisions of 26 U.S.C. Section 414(h)(2), shall pick up and pay the contributions that would otherwise be payable by the judge under this section. The contributions so picked up shall be treated as employer contributions for purposes of determining the judge's compensation that is includable in the judge's gross income for federal income tax purposes;

(2) Judge contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to a judge. A deduction shall be made from each judge's compensation equal to the amount of the judge's contributions picked up by the employer. This deduction, however, shall not reduce the judge's compensation for purposes of computing benefits under the retirement system pursuant to this chapter;

(3) Judge contributions so picked up shall be credited to a separate account within the judge's individual account so that the amounts contributed pursuant to this section may be distinguished from the amounts contributed on an after-tax basis;

(4) The contributions, although designated as employee contributions, are being paid by the employer in lieu of the contributions by the judge. The judge shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system;

(5) Interest shall be credited annually on June thirtieth based on the value in the account as of July first of the immediately preceding year at a rate of four percent. Interest credits shall cease upon retirement of the judge;

(6) A judge whose employment is terminated may request a refund of his or her contributions and interest credited thereon. If such judge is married at the time of such request, such request shall not be processed without consent from the spouse. A judge is not eligible to request a refund if the judge's retirement benefit is subject to a division of benefit order pursuant to section 104.312. Such refund shall be paid by the system after ninety days from the date of termination of employment or the request, whichever is later and shall include all contributions made to any retirement plan administered by the system and interest credited thereon. A judge may not request a refund after such judge becomes eligible for retirement benefits under sections 476.515 to 476.565. A judge who receives a refund shall forfeit all the judge's service and future rights to receive benefits from the system and shall not be eligible to receive any long-term disability benefits; provided that any judge or former judge receiving long-term disability benefits shall not be eligible for a refund. If such judge subsequently becomes a judge and works continuously for at least one year, the service previously forfeited shall be restored if the judge returns to the system the amount previously refunded plus interest at a rate established by the board;

(7) The beneficiary of any judge who made contributions shall receive a refund upon the judge's death equal to the amount, if any, of such contributions less any retirement benefits received by the judge unless an annuity is payable to a survivor or beneficiary as a result of the judge's death. In that event, the beneficiary of the survivor or beneficiary who received the annuity shall receive a refund upon the survivor's or beneficiary's death equal to the amount, if any, of the judge's contributions less any annuity amounts received by the judge and the survivor or beneficiary.

7. The employee contribution rate, the benefits provided under sections 476.515 to 476.565 to judges covered under this section, and any other provision of sections 476.515 to 476.565 with regard to judges covered under this section may be altered, amended, increased, decreased, or repealed, but only with respect to services rendered by the judge after the effective date of such alteration, amendment, increase, decrease, or repeal, or, with respect to interest credits, for periods of time after the effective date of such alteration, amendment, increase, decrease, or repeal.

8. Any judge who is receiving retirement compensation under section 476.529 or 476.530 who becomes employed as an employee eligible to participate in the closed plan or in the year 2000 plan under chapter 104, shall not receive such retirement compensation for any calendar month in which the retired judge is so employed. Any judge who is receiving retirement compensation under section 476.529 or section 476.530 who subsequently serves as a judge as defined pursuant to subdivision (4) of subsection 1 of section 476.515 shall not receive such retirement compensation for any calendar month in which the retired judge is serving as a judge; except that upon retirement such judge's annuity shall be recalculated to include any additional service or salary accrued based on the judge's subsequent service. A judge who is receiving compensation under section 476.529 or 476.530 may continue to receive such retirement compensation while serving as a senior judge or senior commissioner and shall receive additional credit and salary for such service pursuant to section 476.682.

(L. 2010 1st Ex. Sess. H.B. 1)

Effective 10-12-10



Judge who served in Armed Forces may elect to purchase creditable prior service, limitation--amount of contribution--payment period--treatment of payments.

476.524. Any judge as defined in section 476.515 who had performed active service in the United States Army, Air Force, Navy, Marine Corps, Army or Air National Guard, Coast Guard, or any reserve component thereof prior to holding office, may elect prior to retirement, to purchase all of his or her creditable prior service equivalent to such service in the Armed Forces, but not to exceed four years, if he or she is not receiving and is not eligible to receive retirement credits or benefits from any other public or private retirement plan for the service to be purchased, and an affidavit so stating shall be filed by the judge with the Missouri state employees' retirement system. However, if the judge is eligible to receive retirement credits in a United States military service retirement system, he or she shall be permitted to purchase creditable prior service equivalent to his or her service in the Armed Forces but not to exceed four years, any other provision of law to the contrary notwithstanding. The purchase shall be effected by the judge's submission of the appropriate documentation verifying the judge's dates of active service and by paying to the Missouri state employees' retirement system an amount equal to what would have been contributed by the state on the judge's behalf had the judge been a judge for the period for which the judge is electing to purchase credit and had the judge's compensation during such period of membership been the same as the annual salary rate at which the judge was initially employed, with the calculations based on the assumed or actual contribution rate in effect on the date of employment with simple interest calculated from the initial date of employment of the judge to the date of election pursuant to this section. The payment shall be made over a period of not longer than two years, measured from the date of election, with simple interest on the unpaid balance. All payments for purchase of service pursuant to this section shall be set aside in a reserve fund for funding of said benefits. Payments made for such creditable prior service pursuant to this section shall be treated by the Missouri state employees' retirement system as would contributions made by the state and shall not be subject to any prohibition on member contributions or refund provisions in effect at the time of enactment of this section.

(L. 1987 H.B. 713, A.L. 1989 H.B. 674, A.L. 1992 S.B. 499, et al., A.L. 1997 H.B. 356, A.L. 2001 S.B. 371)



New judges, election for reduced annuity, options.

476.529. 1. In lieu of the retirement compensation provided in section 476.530, a judge employed for the first time on or after January 1, 2011, may elect in the judge's application for retirement whether or not to have such judge's annuity reduced, and designate a beneficiary, as provided by the options set forth in this subsection prior to the judge's annuity starting date:

Option 1. A judge's annuity shall be reduced to a certain percent of the annuity otherwise payable. Such percent shall be eighty-eight and one-half percent adjusted as follows: if the judge's age on the annuity starting date is younger than sixty-seven years, an increase of three-tenths of one percent for each year the judge's age is younger than age sixty-seven years; and if the beneficiary's age is younger than the judge's age on the annuity starting date, a decrease of three-tenths of one percent for each year of age difference; and if the judge's age is younger than the beneficiary's age on the annuity starting date, an increase of three-tenths of one percent for each year of age difference; provided, after all adjustments the option 1 percent cannot exceed ninety-four and one-quarter percent. Upon the judge's death, fifty percent of the judge's reduced annuity shall be paid to such beneficiary who was the judge's spouse on the annuity starting date or as otherwise provided by subsection 5 of this section.

Option 2. A judge's life annuity shall be reduced to a certain percent of the annuity otherwise payable. Such percent shall be eighty-one percent adjusted as follows: if the judge's age on the annuity starting date is younger than sixty-seven years, an increase of four-tenths of one percent for each year the judge's age is younger than sixty-seven years; and if the beneficiary's age is younger than the judge's age on the annuity starting date, a decrease of five-tenths of one percent for each year of age difference; and if the judge's age is younger than the beneficiary's age on the annuity starting date, an increase of five-tenths of one percent for each year of age difference; provided, after all adjustments the option 2 percent cannot exceed eighty-seven and three-quarter percent. Upon the judge's death one hundred percent of the judge's reduced annuity shall be paid to such beneficiary who was the judge's spouse on the annuity starting date or as otherwise provided by subsection 5 of this section.

Option 3. A judge's life annuity shall be reduced to ninety-three percent of the annuity otherwise payable. If the judge dies before having received one hundred twenty monthly payments, the reduced annuity shall be continued for the remainder of the one hundred twenty-month period to the judge's designated beneficiary provided that if there is no beneficiary surviving the judge, the present value of the remaining annuity payments shall be paid as provided under subsection 4 of section 104.1054 as if the judge was a deceased member under that section. If the beneficiary survives the judge but dies before receiving the remainder of such one hundred twenty monthly payments, the present value of the remaining annuity payments shall be paid as provided under subsection 4 of section 104.1054 for a deceased beneficiary under that section.

Option 4. A judge's life annuity shall be reduced to eighty-six percent of the annuity otherwise payable. If the judge dies before having received one hundred eighty monthly payments, the reduced annuity shall be continued for the remainder of the one hundred eighty-month period to the judge's designated beneficiary provided that if there is no beneficiary surviving the judge, the present value of the remaining annuity payments shall be paid as provided under subsection 4 of section 104.1054 as if the judge was a deceased member under that section. If the beneficiary survives the judge but dies before receiving the remainder of such one hundred eighty monthly payments, the present value of the remaining annuity payments shall be paid as provided under subsection 4 of section 104.1054 for a deceased beneficiary under that section.

2. If a judge is married as of the annuity starting date, the judge's annuity shall be paid under the provisions of either option 1 or option 2 as set forth in subsection 1 of this section, at the judge's choice, with the spouse as the judge's designated beneficiary unless the spouse consents in writing to the judge electing another available form of payment.

3. If a judge has elected at the annuity starting date option 1 or 2 pursuant to this section and if the judge's spouse or eligible former spouse dies after the annuity starting date but before the judge dies, then the judge may cancel the judge's election and return to the unreduced annuity form of payment and annuity amount, effective the first of the month following the date of such spouse's or eligible former spouse's death. If a judge dies prior to notifying the system of the spouse's death, the benefit shall not revert to an unreduced annuity and no retroactive payments shall be made.

4. If a judge designates a spouse as a beneficiary pursuant to this section and subsequently that marriage ends as a result of a dissolution of marriage, such dissolution shall not affect the option election pursuant to this section and the former spouse shall continue to be eligible to receive survivor benefits upon the death of the judge.

5. A judge may make an election under option 1 or 2 after the annuity starting date as described in this section if the judge makes such election within one year from the date of marriage pursuant to any of the following circumstances:

(1) The judge elected to receive a life annuity and was not eligible to elect option 1 or 2 on the annuity starting date; or

(2) The judge's annuity reverted to a normal or early retirement annuity pursuant to subsection 3 of this section, and the judge remarried.

6. A judge may change a judge's election made under this section at any time prior to the system mailing or electronically transferring the first annuity payment to such member.

(L. 2010 1st Ex. Sess. H.B. 1)

Effective 10-12-10



Retirement compensation, how computed.

476.530. The retirement compensation shall be equal to fifty percent of the compensation which was in effect, at the time of the judge's termination of employment as a judge for the highest judicial position that the judge ever held on a full-time basis. Retirement compensation shall be paid to the retired judge monthly during the remainder of the judge's life.

(L. 1971 S.B. 132 4, A.L. 1997 H.B. 356)



Survivor's benefits, how paid.

476.535. 1. On and after August 28, 1995, if a person who is serving as a judge as defined in section 476.515, or a person had served as a judge and who has been approved for long-term disability benefits, dies, retirement compensation shall be paid in monthly installments to such person's beneficiary in the amount equal to fifty percent of the amount of the retirement compensation provided in section 476.530 regardless of the period of the person's judicial service; except that where the period of service could not have been twelve years or more because of the mandatory retirement provisions of article V, section 30*, of the Missouri Constitution, the retirement compensation provided by this subsection shall be reduced by the proportion that the number of years that he would have lacked serving twelve years had he been able to serve until mandatory retirement bears to twelve years.

2. If a person dies who has served in this state an aggregate of twelve years, continuously or otherwise, as a judge, and who, after September 28, 1971, ceased or ceases to hold office by reason of the expiration of the person's term or voluntary resignation, but who was not retired under the provisions of this section, nor withdrawn the person's contributions except as provided in section 476.585, retirement compensation shall be paid in monthly installments to the person's beneficiary in the amount equal to fifty percent of the amount of retirement compensation provided in section 476.530.

3. If a person who has retired under the provisions of sections 476.515 to 476.570** dies, the person's beneficiary shall receive an amount equal to fifty percent of the amount of the retirement compensation that person was receiving at the person's date of death, paid in monthly installments to the person's beneficiary.

4. This section shall not increase, decrease or eliminate any benefits which were being paid to or to which a beneficiary was entitled on or before August 12, 1974.

(L. 1971 S.B. 132 5, A.L. 1974 S.B. 422, A.L. 1982 S.B. 497, A.L. 1988 S.B. 425, A.L. 1995 H.B. 416, et al.)

*Article V, Section 30, of the Missouri Constitution was repealed by S.J.R. 24, 1976.

**Section 476.570 was repealed by H.B. 1634, 1978.



Judge leaving no surviving spouse or surviving spouse dies--dependents to receive benefits.

476.537. In the event that any judge leaving no surviving spouse or any surviving spouse receiving benefits under section 476.535 as a beneficiary dies leaving dependents who are unable to care for or support themselves because of any intellectual disability or developmental disability, disease or disability, or any physical disability, the benefits that would be received by a surviving spouse on the judge's death if there were a surviving spouse or the benefits received by such surviving spouse, as the case may be, shall be paid to such surviving dependent for the remainder of such dependent's life. If the judge or such surviving spouse leaves more than one dependent who would be eligible for benefits under this section, then each eligible dependent shall receive a pro rata share of the amount that would be paid to a surviving spouse under section 476.535.

(L. 1981 H.B. 835, et al., A.L. 1989 H.B. 610, A.L. 2011 H.B. 555 merged with H.B. 648)



Surviving spouse of judge may become a special consultant, when, duties--compensation to be judgment and claim exempt, also unassignable.

476.539. 1. Upon application to the board of trustees of the Missouri state employees' retirement system, a surviving spouse of a judge who died while serving as a judge and who had served at least twenty-five years as a judge shall be made, constituted, appointed, and employed by the board as a special consultant on the problems of surviving spouses and other state matters for the remainder of the surviving spouse's life if the surviving spouse was married to the deceased judge continuously for twenty-five years immediately preceding the judge's death and also on the day of the judge's death and if the surviving spouse is not eligible to receive benefits under section 476.452 or 476.535. Upon request of the board the consultant shall give opinions or be available to give opinions in writing or orally in response to such requests. As compensation the consultant shall receive an annual amount equal to one-half of the compensation of a special commissioner or referee as provided in section 476.450.

2. Upon application to the board of trustees of the Missouri state employees' retirement system, a surviving spouse of a judge, as defined in section 476.515, who dies on or after January 1, 1989, and who has at least eleven years of creditable service as a judge shall be made, constituted, appointed, and employed by the board as a special consultant on the problems of surviving spouses and other state matters for the remainder of the surviving spouse's life if the surviving spouse was married to the deceased judge continuously for at least ten years immediately preceding the judge's death and also on the day of the judge's death and if the surviving spouse is not eligible to receive benefits under section 476.452 or 476.535. Upon request of the board the consultant shall give opinions or be available to give opinions in writing or orally in response to such requests. As compensation the consultant shall receive, beginning on the date the deceased judge would have been eligible to receive an annuity, an annual amount equal to one-half of the compensation the judge would receive as if the judge was eligible to retire with a full annuity on the date of the judge's death.

3. Upon application to the board of trustees of the Missouri state employees' retirement system, a surviving spouse, under subsection 1 of section 476.515, of a judge who was approved for long-term disability benefits and dies on or after January 1, 1994, shall be made, constituted, appointed and employed by the board as a special consultant on the problems of surviving spouses and other state matters for the remainder of the surviving spouse's life. Upon request of the board the consultant shall give opinions or be available to give opinions in writing or orally in response to such request. As compensation the consultant's benefit effective on the date the judge died shall be increased to an annual amount equal to fifty percent of the amount of retirement compensation provided in section 476.530 regardless of the period of the person's judicial service.

4. The compensation provided for in this section shall not be subject to execution, garnishment, attachment, writ of sequestration, or any other process or claim whatsoever, and shall be unassignable, anything to the contrary notwithstanding.

(L. 1987 H.B. 713, A.L. 1989 H.B. 674, A.L. 1995 H.B. 416, et al., A.L. 1997 H.B. 356)



Refund of contributions, when--reentry into system, how.

476.540. Any person ceasing to hold office as a judge as defined in section 476.520, for any reason other than death or retirement, may make written application to the commissioner of administration for a refund of his contributions under sections 476.515 to 476.570. On receipt of the written application, the commissioner of administration shall pay the refund in one lump sum which shall equal the total amount of such contributions under sections 476.515 to 476.570. Any person receiving such refund except as provided in section 476.585 thereby waives all rights to retirement compensation under sections 476.515 to 476.570. If such person again becomes a judge of any court covered by sections 476.515 to 476.570, he may restore all amounts previously received as a refund, together with interest as determined by the trustees of the Missouri state retirement system that the contributions would have earned if they had not been previously withdrawn, except that he shall not be required to restore any amounts received pursuant to section 476.585. Upon the restoration, and not otherwise, the prior service as a judge shall be counted toward the twelve years of service necessary to qualify for full retirement compensation.

(L. 1971 S.B. 132 6, A.L. 1982 S.B. 497)



Early retirement, reduced benefit, how computed.

476.545. 1. Any judge subject to sections 476.515 to 476.565 who is at least sixty-two years old and who has served less than twelve years and is otherwise qualified under sections 476.515 to 476.565 may retire at age sixty-two, or thereafter, at a reduced retirement compensation in a sum equal to the proportion of the retirement compensation provided in section 476.530 that his period of judicial service bears to twelve years.

2. Any judge subject to sections 476.515 to 476.565 who is at least sixty years old and who has served less than fifteen years and is otherwise qualified under sections 476.515 to 476.565 may retire at age sixty, or thereafter, at a reduced retirement compensation in a sum equal to the proportion of the retirement compensation provided in section 476.530 that his period of judicial service bears to fifteen years.

(L. 1971 S.B. 132 7, A.L. 1986 H.B. 1496, A.L. 1987 H.B. 713, A.L. 1988 H.B. 1242 Revision)



Not eligible for benefits while retired under other plan.

476.550. Any person retiring from office under the provisions of section 27 of article V of the Constitution of Missouri shall not be eligible for retirement compensation under sections 476.515 to 476.570 during the period of his compensation under such constitutional provisions, but upon the completion of such period he shall become eligible for retirement compensation under sections 476.515 to 476.570 if he be otherwise qualified as to age and length of service.

(L. 1971 S.B. 132 8)



Lump sum payments, when.

476.555. Upon the death of any judge, who has made contributions pursuant to sections 476.515 to 476.570*, not leaving a surviving spouse or minor children, the commissioner of administration shall pay a death benefit in a single payment to the decedent's estate. The death benefits shall be the total amount of all contributions made by the deceased judge pursuant to sections 476.515 to 476.570* less any contributions previously refunded pursuant to section 476.540, and not restored, and less any benefit received pursuant to section 476.530 or 476.545.

(L. 1971 S.B. 132 9, A.L. 1997 H.B. 356)

*Section 476.570 was repealed by H.B. 1634, 1978.



Disqualification by improper behavior.

476.560. Except as provided in section 476.540, the benefits under sections 476.515 to 476.570 shall not apply to any judge who has been convicted of a felony in any court or who has been removed from office by impeachment or for misconduct or disbarred from the practice of law.

(L. 1971 S.B. 132 10)



Retiree may practice law, when, requirements, exceptions.

476.565. Any person under the age of seventy-six who receives retirement compensation under the provisions of sections 476.515 to 476.570 may engage in the practice of law or do law business at any time after his retirement if he makes himself available to serve as appointed defense counsel for indigent persons who may be charged with a violation of any of the criminal laws of this state. Such appointments shall not exceed six cases involving prosecution for a violation of a criminal law classified as a felony in any calendar year, and any person so appointed shall not receive any compensation therefor but may be reimbursed for his actual and necessary out-of-pocket expenses from funds appropriated for the support of public defender activities. The supreme court may excuse any such person from so serving as appointed defense counsel upon a showing of physical or mental condition which would preclude such service. Any person of the age of seventy-six or over who retires or is retired under the provisions of sections 476.515 to 476.570 may engage in the practice of law without making himself available to serve as appointed defense counsel.

(L. 1971 S.B. 132 11, A.L. 1981 H.B. 835, et al.)

Effective 5-12-81



Definitions.

476.575. As used in sections 476.575, 476.580, 476.585, 476.590, and 476.595 of this act*, the following terms shall mean:

(1) "Board", the board of trustees of the Missouri state employees' retirement system;

(2) "Judge", a judge of the supreme court, judge of the court of** appeals, circuit court, the St. Louis court of criminal corrections, court of common pleas, associate division of the circuit court, probate division of the circuit court, and commissioner of the supreme court, and all retired judges and commissioners of such courts.

(L. 1976 S.B. 513 1, A.L. 1977 S.B. 94)

*"This act" contains sections 476.575 and 476.590 only.

**Words "court of" do not appear in original rolls.



Retirement benefits, who administers, how paid.

476.580. On September 1, 1976, the Missouri state employees' retirement system shall administer the retirement benefits of all judges provided for in this chapter and, unless otherwise provided by law, effective July 1, 1998, the commissioner of administration, the state treasurer and the executive director of the Missouri state employees' retirement system shall perform the same duties in regard to the retirement system established pursuant to the provisions of this chapter that are prescribed for such officers in sections 104.436 and 104.438, in regard to the Missouri state employees' retirement system. Funds so certified and transferred for the retirement system established pursuant to the provisions of this chapter shall be deposited in a separate account of the Missouri state employees' retirement system and shall be disbursed only for the purposes of the retirement system established pursuant to the provisions of this chapter. Until July 1, 1998, retirement benefits provided for in this chapter shall be paid monthly out of the general revenue of the state of Missouri. The system shall calculate the annuity provided to a judge, as defined in section 476.515, based on the law in effect at the time the judge's employment was terminated.

(L. 1976 S.B. 513 2, A.L. 1997 H.B. 356)



No payroll deductions, when--accumulated contributions refunded, when, to whom.

476.585. 1. No payroll deduction shall be made from the compensation of any judge for retirement benefits after September 1, 1976.

2. Any judge holding office on September 1, 1976, who thereafter retires, shall be paid by the commissioner of administration the total amount of contributions paid by him under the provisions of section 476.525, not previously refunded, together with the interest as computed by the board of trustees of the Missouri state retirement system and this amount shall be in addition to any retirement benefits to which he is entitled. Any judge who fails to become eligible for retirement because of lack of service may at any time after leaving office request and receive his accumulated contributions and interest.

3. When a judge who is in office dies on or after September 1, 1976, the commissioner of administration shall pay to such beneficiary as the judge may have designated in writing, or to his estate if no beneficiary be designated, an amount equal to the total amount of contributions paid by him under the provisions of section 476.525, not previously refunded, together with interest as provided in subsection 2 of this section.

4. When a judge, as defined in section 476.515, requests in writing, the board shall pay to that judge within ninety days from general revenue all accumulated contributions made through September 1, 1976, and not previously refunded, plus credited interest to the date the payment is made by the board. Such refund of contributions and interest shall not in any way change any benefits or rights to which the judge may be entitled.

(L. 1976 S.B. 513 3, A.L. 1981 H.B. 835, et al., A.L. 1982 S.B. 497)



Life insurance benefits to be provided judges, retired judges and dependents.

476.590. The board shall provide or contract for life insurance benefits under the provisions of section 104.515 for judges who, for the purpose of that section, shall be considered members of the Missouri state employees' retirement system with the amount of life insurance benefits based on the creditable service of the judges as provided in section 104.515.

(L. 1976 S.B. 513 4, A.L. 1977 S.B. 94, A.L. 1992 H.B. 1574)



Election to become a special commissioner, when, how--compensation--refund of certain contributions, how.

476.595. 1. If the person so elects, any person receiving benefits pursuant to section 476.530 shall be made, constituted and appointed a special commissioner or referee for and during the remainder of the person's life, as provided and in the manner set forth in section 476.500. When so appointed the special commissioner or referee shall receive the same compensation as provided by law for special commissioners or referees made, constituted or appointed pursuant to the provisions of section 476.450.

2. If the person so elects, any person receiving benefits pursuant to section 476.545 shall also be made, constituted and appointed a special commissioner or referee for and during the remainder of the person's life as provided and in the manner set forth in section 476.500. When so appointed, the special commissioner or referee shall be reimbursed for expenses as provided in section 476.490, and shall receive a reduced annual compensation in a sum equal to the proportion of the compensation provided in section 476.450 that the person's period of service bears to twelve years.

3. Any person electing to become a special commissioner or referee pursuant to this section shall be subject to the provisions of sections 476.460, 476.480, 476.490, 476.510, subdivision (1) of section 476.515, sections 476.537 and 476.590. On the effective date of the person's election, the person shall cease to be subject to any other provision of sections 476.515 to 476.590.

4. Upon the effective date of this election to become a special commissioner or referee, the special commissioner or referee may make written application to the commissioner of administration for a refund of the person's contributions pursuant to sections 476.515 to 476.570*. On receipt of the written application the commissioner of administration shall pay the refund in one lump sum which shall equal the total amount of such contributions pursuant to sections 476.515 to 476.570*.

(L. 1976 S.B. 513 5, A.L. 1982 S.B. 497, A.L. 1997 H.B. 356)

*Section 476.570 was repealed by H.B. 1634, 1978.



Special consultants, duties, compensation.

476.601. 1. Beginning January 1, 1989, any person who was employed prior to August 28, 1997, who is receiving or thereafter shall receive retirement benefits pursuant to section 476.450, 476.530, 476.545, or 476.595, upon application to the board of trustees of the Missouri state employees' retirement system shall be made, constituted, appointed, and employed by the board as a special consultant on the problems of retirement, aging and other state matters for the remainder of the person's life. Upon request of the board or the court from which the person retired, the consultant shall give opinions or be available to give opinions in writing or orally in response to such requests. As compensation the consultant shall receive in addition to all other compensation provided by law a percentage increase in compensation each year computed upon the total amount that the consultant received in the previous year from state retirement benefits of eighty percent of the increase in the consumer price index calculated in the manner specified in section 104.415. Any such annual increase in compensation, however, shall not exceed five percent, nor be less than four percent. The total increase in compensation pursuant to the provisions of this subsection to each special consultant who also receives benefits pursuant to section 476.530 or 476.545 shall not exceed sixty-five percent of the initial benefit that the person receives after August 13, 1986. The total increase in compensation pursuant to the provisions of this subsection to each special consultant who also receives benefits pursuant to section 476.450 or 476.595 shall not exceed sixty-five percent of the initial benefit that the person receives after January 1, 1989.

2. As additional compensation for the services described in subsection 1 of this section, each special consultant shall receive an annual percentage increase in the retirement benefit payable equal to eighty percent of the increase in the consumer price index. Such benefit increase, however, shall not exceed five percent of the retirement benefit payable prior to the increase. The annual benefit increase described in this subsection shall not be effective until the year in which the special consultant reaches the limit on total annual increases provided by subsection 1 of this section. During that year on the anniversary date of the special consultant's retirement, the special consultant shall receive the benefit increase described in subsection 1 of this section or this subsection, whichever is greater. After that year, the special consultant shall receive the annual benefit increase described in this subsection. Any special consultant who reaches the limit on total annual benefit increases provided by subsection 1 of this section prior to October 1, 1996, shall receive the benefit increase described in this subsection on September 1, 1997. Any special consultant who reaches the limit on total annual benefit increases provided by subsection 1 of this section on or after October 1, 1996, but before September 1, 1997, shall receive the benefit increase described in this subsection beginning on the anniversary date of the special consultant's retirement following September 1, 1997. In no event shall any retroactive annual benefit increases be paid under this subsection to any special consultant who reached the limit provided in subsection 1 of this section prior to August 28, 1997.

3. Each person who is employed for the first time as a judge on or after August 28, 1997, and retires shall be entitled annually to a percentage increase in the retirement benefit payable equal to eighty percent of the increase in the consumer price index. Such benefit increase, however, shall not exceed five percent of the retirement benefit payable prior to the increase.

4. Survivors of members described in subsection 3 of this section shall be entitled to the annual benefit increase described in subsection 3 of this section.

5. The compensation provided for in this section shall be payable in equal monthly installments and shall be consolidated with any retirement benefits.

6. The compensation provided for in this section and any benefits consolidated with the compensation shall be treated like any other state retirement benefits payable by the Missouri state employees' retirement system and shall not be subject to execution, garnishment, attachment, writ of sequestration, or any other process or claim whatsoever, and shall be unassignable.

(L. 1986 H.B. 1496 476.600, A.L. 1995 H.B. 416, et al., A.L. 1997 H.B. 356)



Commissioner of juvenile division of circuit court may elect to transfer membership service to creditable service as a judge, procedure.

476.675. Any person who is a commissioner of the juvenile division of the circuit court, appointed pursuant to section 211.023 on October 1, 1989, may elect to transfer membership service earned under the provisions of the Missouri state employees' retirement system as a commissioner of the juvenile division of the circuit court to creditable service as a judge as defined in section 476.515, if such person makes written application to the board of trustees of the Missouri state employees' retirement system and to the state courts administrator to transfer such service prior to December 31, 1989, provided application is made prior to the person receiving retirement benefits for such service. In no event shall a person receive credit for the same period of service under more than one retirement system or plan.

(L. 1989 H.B. 674)



Votes, how counted and canvassed--governor to proclaim results (Clay County).

476.680. 1. The votes on the question shall be counted, canvassed and returned by the regular boards of judges, clerks and officers as votes for candidates are counted, canvassed and returned, and the abstract made by the officials in general charge of elections in each such county shall be returned to the secretary of state on separate abstract sheets, in the manner provided for abstract of votes for state and county officers.

2. The secretary of state, in the presence of the governor, sixty days after the election, shall proceed to canvass the votes on the question; and the governor shall forthwith issue his proclamation, giving the whole number of votes cast in each such judicial circuit for and against the question, and if the question is approved by a majority of those voting thereon, declaring the nonpartisan selection of the circuit and associate circuit judges to be in full force and effect in each such judicial circuit as provided for in article V, section 29 of the constitution of 1945.

(L. 1972 H.B. 622 5)



Retired senior judges or commissioners, application, qualifications, appointment, term.

476.681. 1. Any retired judge or retired commissioner receiving retirement benefits under any of the applicable provisions of this chapter, who is willing to serve as a senior judge or senior commissioner, respectively, may make application for such service with the clerk of the supreme court on forms provided by the clerk. The application shall contain information relating to the prior legal and judicial experience of the applicant, the applicant's physical and mental health, and the times of the applicant's availability. The clerk may request physical or mental examinations of any applicant and may request that the applicant furnish or authorize the furnishing of any relevant medical or other health records. An application shall be submitted to the supreme court for approval or disapproval and shall be valid for a period of one year from the date of approval.

2. Upon written request of the chief judge of any district of the court of appeals or the presiding judge of any circuit, the supreme court may appoint a senior judge or senior commissioner from the file of approved applications maintained by the clerk of the supreme court. Appointments to serve shall be based on caseload and need, as determined by the supreme court in its discretion, taking into consideration reports filed pursuant to section 476.412, recommendations made by the judicial resources commission created herein and such other matters that the court deems relevant. The appointment may be made for a specific case or cases or for a specified period of time not to exceed one year. The appointment may be extended for additional periods of time not to exceed one year each if the appointed senior judge or senior commissioner maintains an annual updated and approved application for appointment. Persons serving as a senior judge or senior commissioner pursuant to the provisions of this section shall receive compensation as provided in section 476.682.

(L. 1989 S.B. 439 2, A.L. 1999 S.B. 1, et al.)



Retired judge serving as senior judge or commissioner, compensation--expenses, how paid--computation of service as retirement credit, adjustment, exception--annual report, content.

476.682. 1. Any person assigned as a senior judge or senior commissioner pursuant to section 26 of article V of the Missouri Constitution and who has served in this state an aggregate of at least two years, continuously or otherwise, as a judge or commissioner, shall receive for each day of service an amount equal to fifty percent of the current annual salary of the office from which the judge or senior commissioner retired attributable to one day of service. Notwithstanding the foregoing, any judge or commissioner who has retired prior to August 28, 1999, who serves subsequent to said date as a senior judge or commissioner may receive compensation pursuant to this section regardless of their length of service; and no senior judge or senior commissioner shall receive less daily compensation than an amount, that when added to the daily amount of annual compensation payable pursuant to sections 476.450 to 476.595, is less than one hundred percent of the current annual salary of the office from which the judge or commissioner retired attributable to one day of service. For purposes of this subsection, one year shall equal two hundred thirty-five days. No senior judge or senior commissioner shall receive compensation pursuant to this subsection in a total amount that when such compensation is added to the annual compensation, salary or retirement compensation payable pursuant to sections 476.450 to 476.595, the sum is greater than the current annual salary of the office from which the judge or commissioner retired.

2. A senior judge or senior commissioner assigned pursuant to section 26 of article V of the Missouri Constitution for service outside the county where he or she resides shall be reimbursed for his or her travel and other actual and necessary expenses incurred in the performance of his or her services.

3. On or before the tenth day of each month a senior judge or senior commissioner shall certify to the state courts administrator the period during the previous month during which he or she was assigned services and, if such services were completed, the date thereof and at the same time shall certify his or her expenses incurred and allowable under this section. The state courts administrator shall then issue a warrant to the state treasurer for the payment of the salary and expenses to the extent and within limitations provided for in this section. The state treasurer upon receipt of such warrant shall pay the same out of any appropriations made for this purpose on the last day of the month during which the warrant was received by him or her.

4. On or before the twentieth day of each month the state courts administrator shall certify the period of service reported by each senior judge or senior commissioner pursuant to subsection 3 of this section to the Missouri state employees' retirement system. Any senior judge or senior commissioner accumulating two hundred thirty-five days of such service shall receive credit for one year of judicial service for purposes of sections 476.520 and 476.545, for each two hundred thirty-five days of service certified by the state courts administrator to the Missouri state employees' retirement system, except, if a pro rata portion of two hundred thirty-five days would cause the senior judge's or senior commissioner's total judicial service to equal twelve years, the Missouri state employees' retirement system shall credit the service at the time the pro rata portion is certified. Upon receipt of such certification, the retirement benefit of the senior judge or senior commissioner shall be recalculated to reflect the attainment of twelve years; the adjusted benefit will become effective the first of the month following certification.

5. Notwithstanding the provisions of section 476.510 or 476.565, no person shall receive benefits pursuant to the provisions of this section if the person is engaged in the private practice of law or doing a law business.

6. The judicial conference of the state of Missouri shall annually report on the use of senior judges and senior commissioners pursuant to this section. Such report shall include at least the number of senior judges and senior commissioners assigned, the number of cases assigned and disposed of by senior judges and senior commissioners, and the expenditures made for that purpose.

(L. 1988 S.B. 425 2, A.L. 1994 H.B. 1149, A.L. 1999 S.B. 1, et al.)



Judge failing to retire on seventieth birthday, a waiver of salary and retirement benefits.

476.683. Except as provided in subsection 24 of section 27 of article V of the Missouri Constitution, any judge who becomes eligible after August 13, 1988, for annual compensation, salary or retirement compensation pursuant to sections 476.450 to 476.595, but fails to retire on or before his seventieth birthday shall automatically waive all such annual compensation, salary and retirement compensation.

(L. 1988 S.B. 425 3)



Judges with certain service may tack prior service credit in MOSERS to judicial system by purchase, limitation.

476.684. Any person having at least four years of service as a judge, as defined in section 476.515, and who had at least ten years of prior service as a state employee prior to September 1, 1959, may reinstate such service to receive prior service credit therefor if the person shall pay into the fund an amount equal to any refund of contributions which the person may have received, with simple interest thereon, to the date application is made for such prior service credit. The person shall then become a member of the Missouri state employees' retirement system. Thereafter not more than fifty percent of such credit may be transferred to and be counted as service as a judge for the purpose of calculating retirement benefits for judicial service if retirement benefits as a judge have not yet begun.

(L. 1989 H.B. 674 2)



Magistrate judges not now serving in St. Louis City may become special consultant, when--compensation to be creditable service in judicial retirement system.

476.686. Notwithstanding any other law to the contrary, any person who has reached the age of sixty-five years and has served, but is not serving on August 28, 1992, as a magistrate judge in a city not within a county and has not received creditable service in the judges' retirement system for such service, shall be made, constituted, appointed, and employed by the judges' retirement system as a special consultant on the problems of retirement, aging and other state matters for the remainder of the person's life. As compensation for such employment, the person shall receive creditable service in the judges' retirement system for the time that person served as a magistrate judge and be entitled to any benefits provided by sections 476.450 to 476.683 that are applicable.

(L. 1989 H.B. 674 476.681, A.L. 1992 S.B. 499, et al.)



Previous state employment, additional credited service.

476.687. Any judge as defined in section 476.515 who is actively serving pursuant to this chapter or chapter 56 and has served for at least ten years shall receive additional credited service for previous public employment with the state covered by another retirement plan as defined in section 105.691, if all of the following conditions are met:

(1) Such member has a vested right to receive a retirement benefit from the other retirement plan at the time of application pursuant to this section and is not a retiree under the other retirement plan;

(2) The other retirement plan transfers to the system an amount equal to the employee's account balance under a defined contribution plan or the amount equal to the employee's pension obligation under a defined benefit plan at the time of transfer to the extent that obligation is funded as of the plan's most recent actuarial valuation, not to exceed one hundred percent, as determined by the other retirement plan's actuary using the same assumption used in performing the last regular actuarial valuation of the transferring plan, except that in no event shall the transferred amount be less than the employee's accumulated contributions on deposit with the transferring plan;

(3) No such credited service remains credited in such other retirement plan;

(4) The member applies for the additional credited service in a manner and form established by the appropriate board.

(L. 2000 H.B. 1808)

Effective 7-1-00



Compensation to be treated as other benefits.

476.688. Except as provided in section 104.312, the compensation provided for in sections 476.455 to 476.688, and any benefits consolidated with the compensation, shall be treated like any other state retirement benefits payable by the Missouri state employees' retirement system and shall not be subject to execution, garnishment, attachment, writ of sequestration or any other process or claim whatsoever, and shall be unassignable except with regard to the collection of child support or maintenance.

(L. 1995 H.B. 416, et al., A.L. 1998 S.B. 910)



Eligible judge electing not to retire shall receive in addition to retirement compensation all annual cost-of-living increases given to retired judges--appointment as special consultant.

476.690. 1. Any judge who has become eligible to receive retirement compensation pursuant to section 476.520 and who has elected not to retire and has continued to serve as a judge after August 28, 1995, shall have added to the retirement compensation when the judge retires or dies an amount equal to the total of all annual cost-of-living increases that retired judges received between the time the judge first became eligible to retire and the year the judge actually retires or dies. In no event shall the total increase in compensation granted pursuant to this section and section 476.601 exceed sixty-five percent of the judge's retirement compensation calculated at the time of retirement or death.

2. Any judge who was eligible to retire on August 28, 1995, and elected to continue to serve as a judge after such date, but who retired before August 28, 1996, shall, upon application to the board of trustees of the Missouri state employees' retirement system, be made, constituted and appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters for the remainder of the person's life. Upon request of the board or the court from which the judge retired, the consultant shall give opinions or be available to give opinions in writing or orally in response to such request. As compensation for such services, the consultant shall have the retirement benefit recalculated from the date of the retirement, pursuant to the provisions of subsection 1 of this section.

3. Any judge who retired prior to August 28, 1995, and who is receiving judicial retirement compensation on September 1, 2000, shall upon application to the board of trustees of the Missouri state employees' retirement system be made, constituted and appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters for the remainder of the judge's life. Upon request of the board or the court from which the judge retired, the consultant shall give opinions or be available to give opinions in writing or orally in response to such request. As compensation for such services, the consultant shall have the consultant's retirement benefit recalculated as if subsection 1 of this section was in effect on the consultant's date of retirement. Any monthly benefit increases payable pursuant to this subsection shall become effective September 1, 2000. In no event shall the system make any retroactive compensation payments under this subsection.

(L. 1995 S.B. 47, A.L. 1996 H.B. 1361, A.L. 1997 H.B. 356, A.L. 2000 H.B. 1808)

Effective 7-1-00



Definitions.

476.750. As used in sections 476.750 to 476.766, the following terms mean:

(1) "Auxiliary aids and services", the device or service that the deaf person feels would best serve him or her which includes, but is not limited to, qualified interpreters, notetakers, transcription services, written materials, assistive listening devices, assistive listening systems, closed caption decoders, open and closed captioning, videotext displays or other effective method of making aurally delivered materials available to individuals with hearing loss as defined by the Americans with Disabilities Act of 1990, P.L. 101-336, as amended;

(2) "Deaf person", any person who, because of a hearing loss, is not able to discriminate speech when spoken in a normal conversational tone regardless of the use of amplification devices;

(3) "Designated responsible authority", the presiding officer, chairman, hearing officer, judge, clerk or similar official in any court, board, commission, department, agency or legislative body or the designated Americans with Disabilities Act coordinator who is responsible for providing auxiliary aids and services;

(4) "Primary consideration", when an auxiliary aid or service is required, the designated responsible authority shall when possible provide an opportunity for the qualified individual with a disability to designate the auxiliary aid or service of his or her choice. The designated responsible authority may honor the choice of the qualified individual with a disability, unless the designated responsible authority provides an equally effective auxiliary aid or service, or that use of the means chosen would result in a fundamental alteration in the service, program or activity or in undue financial or administrative burdens;

(5) "Qualified interpreter", an interpreter certified and licensed by the Missouri interpreter certification system or deemed competent by the Missouri commission for the deaf and hard of hearing, who is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary.

(L. 1993 S.B. 88 4, A.L. 2002 H.B. 1783)



Interpretation of proceedings, when--admissibility of evidence--indigent persons.

476.753. 1. A designated responsible authority shall provide, based on a deaf person's expressed needs, auxiliary aids and services to interpret the proceedings to a deaf person and, if a deaf person gives testimony or other communication, to interpret the deaf person's testimony or other communication when:

(1) A deaf person is a party, juror or witness at any stage of any judicial or quasi-judicial proceeding in this state or in its political subdivisions, including, but not limited to, any civil proceeding, criminal court proceeding or administrative hearing, preliminary hearing, postconviction proceeding, grand jury proceeding, proceeding before a magistrate, juvenile proceeding, adoption proceeding, parole or probation revocation proceeding or special proceeding;

(2) A juvenile whose parent, guardian or foster parent or other legally responsible party is deaf and such juvenile is brought before a court in any proceeding, including, but not limited to, any civil, criminal, or juvenile proceeding, including any investigation, interview or any other proceeding regarding the juvenile that is authorized by or held under the supervision of a court;

(3) A deaf person in any proceeding who may be subjected to confinement or criminal sanction or in any proceeding preliminary thereto, including, but not limited to, any coroner's inquest, grand jury proceeding, proceeding before a magistrate, juvenile proceeding and mental health commitment proceeding;

(4) There is any proceeding concerning the well-being or rehabilitation of a deaf person within a state prison, or juvenile detention or correctional facility, including, but not limited to, any disciplinary hearing, parole hearing, psychological evaluation/hearing, administrative hearing, sexual assault prevention program, counseling, medical care, any on-the-job or vocational training or any educational program.

2. No answer, statement, admission or other information, written or oral, shall be admissible as evidence in any judicial or administrative proceeding if obtained from a deaf person who is involuntarily detained or arrested before an interpreter or auxiliary aids and services are provided to that deaf person, based on the deaf person's expressed needs. No deaf arrestee, otherwise eligible for release, shall be held in custody pending arrival of an interpreter or auxiliary aids and services.

3. It is the policy and practice of any court of this state or of any of its political subdivisions to appoint counsel for indigent people in criminal proceedings, and the designated responsible authority shall provide and pay for an interpreter or provide auxiliary aids and services for deaf indigent people to assist in communication with counsel in all phases of the preparation and presentation of the case.

(L. 1993 S.B. 88 5, A.L. 2002 H.B. 1715)

CROSS REFERENCE:

Admissibility of TDD, TTY, or TT communications, 490.722

(2005) Section requires that trial court provide deaf venireman with interpreter. State v. Wilson, 169 S.W.3d 571 (Mo.App. W.D.).



Determination of qualification of interpreter.

476.756. No qualified interpreter shall be appointed or auxiliary aids and services provided, pursuant to section 476.753, unless the designated responsible authority and the deaf person make a preliminary determination that the qualified interpreter or auxiliary aids and services are able to interpret effectively, accurately and impartially the statement of the deaf person and interpret the proceedings effectively, accurately and impartially to the deaf person.

(L. 1993 S.B. 88 6)



Privileged communications--commencement of proceedings, requirement--waiver of right, requirement--fees--payment.

476.760. 1. All communications between a deaf person and such person's attorney through the use of auxiliary aids and services shall be protected as privileged communications in the same manner as communications between an attorney and such attorney's hearing client. The auxiliary aids and services provider cannot be compelled to testify as to the information retained.

2. In any action or proceeding in which an auxiliary aids and services provider is required to be appointed, the court or administrative authority may not commence proceedings until the appointed auxiliary aids and services provider are in full view or spatially situated to assure proper communication with the deaf person or persons involved as participants.

3. No waiver of the right to auxiliary aids and services by a deaf person shall be valid unless that deaf person knowingly and voluntarily signs a written waiver. Such waiver is subject to the approval of counsel to the deaf person. If no counsel is used, then it is subject to the approval of the designated responsible authority. In no event is the failure of the deaf person to request a qualified interpreter and auxiliary aids and services provider deemed a waiver of that right.

4. An auxiliary aids and services provider appointed pursuant to sections 476.750 to 476.766 is entitled to a reasonable fee for such provider's service, including waiting time, necessary travel expenses and subsistence expenses. The fee may be based on a fee schedule for interpreters and auxiliary aids and services recommended by the Missouri commission for the deaf and hard of hearing. Reimbursements for necessary travel and subsistence expenses shall be at the rates provided by law for state employees.

5. The fees and expenses of providers of auxiliary aids and services who serve before any civil court or criminal, civil or juvenile proceeding are payable from funds appropriated to the office of the state courts administrator.

6. At no time shall any deaf person involved in a proceeding or action as provided for in sections 476.750 to 476.766 assume any portion of the cost for an interpreter or auxiliary aids and services nor shall the court, board, commission, department, agency or legislative body assess the cost for an interpreter or auxiliary aids and services to the cost of such proceedings.

(L. 1993 S.B. 88 7, A.L. 1999 S.B. 1, et al., A.L. 2002 H.B. 1783)



Commission for the deaf and hard of hearing, list of qualified interpreters--compliance directives.

476.763. 1. Whenever a designated responsible authority is required to provide auxiliary aids and services, the authority shall request from the Missouri commission for the deaf and hard of hearing a current list of qualified interpreters or other auxiliary aids and services. If the choice of a qualified interpreter or other auxiliary aids and services does not meet the needs of, or adequately accommodate, the deaf person, the designated responsible authority may appoint another qualified interpreter or auxiliary aids and services.

2. The Missouri commission for the deaf and hard of hearing shall, in cooperation with the Missouri Assistive Technology Advisory Council, when appropriate, issue compliance directives for designated responsible authorities regarding the standards which should be followed, along with the resources available to comply with sections 476.750 to 476.766.

(L. 1993 S.B. 88 8, A.L. 2002 H.B. 1783)



Americans with disabilities act, requirements not to exceed.

476.766. The provisions of sections 476.759 to 476.766 shall not impose any requirements which exceed those requirements necessary to comply with the Americans with Disabilities Act.

(L. 1993 S.B. 88 9)



Missouri CASA fund established, disbursements--lapse of fund into general revenue prohibited.

476.777. 1. There is hereby established in the state treasury a special fund, to be known as the "Missouri CASA Fund". The state treasurer shall credit to and deposit in the Missouri CASA fund all moneys which may be appropriated to it by the general assembly and also any gifts, contributions, grants, bequests or other aid received from federal, private or other sources, in addition to any moneys deposited pursuant to section 488.636. The general assembly may appropriate moneys into the fund to support the court-appointed special advocate (CASA) program throughout the state.

2. The state treasurer shall invest moneys in the Missouri CASA fund in the same manner as surplus state funds are invested pursuant to section 30.260. All earnings resulting from the investment of moneys in the fund shall be credited to the Missouri CASA fund.

3. The state courts administrator shall administer and disburse moneys in the Missouri CASA fund based on the following requirements:

(1) The office of state courts administrator shall set aside funding for new start-up CASA programs throughout the state;

(2) Every recognized CASA program shall receive a base rate allocation, with availability of additional funding based on the number of children with abuse or neglect cases under the jurisdiction of the court; and

(3) All CASA programs being considered for funding shall be recognized by and affiliated with the state and national CASA associations.

4. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the Missouri CASA fund shall not revert to the credit of the general revenue fund at the end of the biennium.

(L. 2001 H.B. 107)



Definitions.

476.800. As used in sections 476.800 to 476.806, the following terms mean:

(1) "Appointing authority", any court required to provide an interpreter;

(2) "Court proceeding", any proceeding before a court of record;

(3) "Non-English speaking person", any person involved in a legal proceeding who cannot readily speak or understand the English language, but does not include persons who are deaf or have a hearing disability;

(4) "Qualified interpreter", an impartial and unbiased person who is readily able to render a complete and accurate interpretation or translation of spoken and written English for non-English speaking persons and of non-English oral or written statements into spoken English.

(L. 2004 S.B. 1211)



Appointment of interpreters and translators, when--waiver, when--oath required.

476.803. 1. The courts shall appoint qualified interpreters and translators in all legal proceedings in which the non-English speaking person is a party or a witness.

2. Any non-English speaking party or any party who intends to call a non-English speaking witness shall provide such prior notice to the court of the need for an interpreter or translator as may be required by court rules.

3. The appointing authority shall appoint a qualified interpreter to assist the non-English speaking parent, guardian, or custodian of a juvenile brought before the court.

4. The court may accept a waiver of the right to a qualified interpreter by a non-English speaking person at any point in the court proceeding if the court advises the person of the nature and effect of the waiver and determines that the waiver has been made knowingly, intelligently, and voluntarily. The non-English speaking person may retract his or her waiver and request that a qualified interpreter shall be appointed.

5. An interpreter shall take an oath that he or she will make a true interpretation to the party or witness in a language that the party or witness understands and that he or she will make a true interpretation of the party or witness' answers to questions to counsel, court, or jury, in the English language, with his or her best skill and judgment. The interpreter shall not give explanations or legal advice or express personal opinions.

6. An interpreter or translator cannot be compelled to testify as to the information that would otherwise be protected by attorney-client privilege as between the party and his or her attorney.

(L. 2004 S.B. 1211 476.810)



Fee for service, amount, paid by whom.

476.806. 1. Interpreters and translators in civil, juvenile, and criminal proceedings shall be allowed a reasonable fee approved by the court and necessary travel expenses not to exceed state rates. Interpreters shall not be compensated for travel time.

2. If the person requiring an interpreter or translator during the proceeding is a party to or a witness in any criminal proceeding, such fees and expenses shall be payable by the state from funds appropriated for such purpose.

3. In all cases not included in subsection 2 of this section, such fees and expenses may be taxed as costs by the court to the parties. Prior to any proceeding requiring an interpreter or translator, the court may order either party, or both, to deposit money with the court in an amount reasonably necessary to cover such fees and expenses. Upon disposition of the proceeding the court may order such costs paid from such deposit and shall return any portion of the deposit not used for such court costs to the parties.

(L. 2004 S.B. 1211 476.820)

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