Supreme Court of Missouri
en banc

In re:

Repeal of subdivision 37.53(b), entitled "Without Application," of Rule 37, entitled "Statutory and Ordinance Violations and Violation Bureaus," and in lieu thereof adoption of a new subdivision 37.53(b), entitled "Without Application."


1. It is ordered that effective January 1, 2017, subdivision 37.53(b) of Rule 37 be and the same is hereby repealed and a new subdivision 37.53(b) adopted in lieu thereof to read as follows:

37.53 Ordinance Violation Cases Not Heard on the Record - Disqualification and Change of Judge


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(b)Without Application. The judge shall recuse:

(1) When the judge is related to any defendant, when the judge has an interest in the case, or when the judge previously has been counsel in the case; or

(2) When the attorney representing the prosecuting county or municipality in the case regularly serves as a judge in another municipal division located within the same county before whom the judge regularly represents a prosecuting county or municipality.

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2. It is ordered that notice of this order be published in the Journal of the Missouri Bar.

3. It is ordered that this order be published in the South Western Reporter.

Day – to – Day

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ZEL M. FISCHER
Acting Chief Justice

Breckenridge, C. J., not participating.