Rule 11 | Temporary Transfer of Judicial Personnel

First Adopted: June 01, 1971

Most Recently Effective: August 01, 1992

Rule 11 | Rules Governing The Missouri Bar and the Judiciary | Temporary Transfer of Judicial Personnel

11.01 | Transfers, When Made

This Court may make temporary transfers of judicial personnel from one court or district to another as the administration of justice requires. A judge transferred temporarily by order of this Court shall not be excused from the judicial duties of the court or district to which transfer is made during the period of the transfer unless excused by the presiding or chief judge of the court to which transfer was ordered or unless excused by the Chief Justice.


(Adopted June 1, 1971, effective January 1, 1972. Amended October 1, 1979, effective October 1, 1979; amended July 21, 1992, effective August 1, 1992.)

First Adopted: June 01, 1971

Most Recently Effective: January 01, 1972

Rule 11 | Rules Governing The Missouri Bar and the Judiciary | Temporary Transfer of Judicial Personnel

11.02 | Powers of Transferred Judges

A judge or commissioner so transferred, during the period designated, shall have the same powers and responsibilities as a judge of the court or district to which he is transferred.


(Adopted June 1, 1971, effective January 1, 1972)

First Adopted: June 01, 1971

Most Recently Effective: January 01, 1972

Rule 11 | Rules Governing The Missouri Bar and the Judiciary | Temporary Transfer of Judicial Personnel

11.03 | State Court Administrator to Receive Copy of Request from Circuit Judge

A circuit judge requesting another circuit judge to sit in his circuit under Section 15 of Article V of the Constitution shall send a copy of such request to the state court administrator.


(Adopted June 1, 1971, effective January 1, 1972.)

First Adopted: June 01, 1971

Most Recently Effective: January 01, 1972

Rule 11 | Rules Governing The Missouri Bar and the Judiciary | Temporary Transfer of Judicial Personnel

11.04 | Court Held with Regular Judge or Separately

Judges or commissioners sitting by transfer order of this Court, and judges sitting by request of the regular judge may hold court in the same county and at the same time either with or separately from the regular judge or judges of the circuit.


(Adopted June 1, 1971, effective January 1, 1972.)

First Adopted: June 01, 1971

Most Recently Effective: September 21, 1979

Rule 11 | Rules Governing The Missouri Bar and the Judiciary | Temporary Transfer of Judicial Personnel

11.05 | [REPEALED]

[Repealed by order dated September 1, 1979, effective September 1, 1979.]

First Adopted: June 01, 1971

Most Recently Effective: September 21, 1979

Rule 11 | Rules Governing The Missouri Bar and the Judiciary | Temporary Transfer of Judicial Personnel

11.06 | [REPEALED]

[Repealed by order dated September 1, 1979, effective September 1, 1979.]

First Adopted: June 01, 1971

Most Recently Effective: January 01, 1972

Rule 11 | Rules Governing The Missouri Bar and the Judiciary | Temporary Transfer of Judicial Personnel

11.07 | Temporary Duty of Special Commissioner or Referee

This Court may call for temporary duty any eligible retired judges or commissioners to serve in any appellate or circuit court when this Court finds the administration of justice so requires.


(Adopted June 1, 1971, effective January 1, 1972.)

First Adopted: June 01, 1971

Most Recently Effective: January 01, 1972

Rule 11 | Rules Governing The Missouri Bar and the Judiciary | Temporary Transfer of Judicial Personnel

11.08 | Authority and Duties upon Call for Temporary Duty

A retired judge or commissioner may be called:

(a) to serve in this Court or in any district of the court of appeals as a special judge or special commissioner to sit with the court or any division thereof, and prepare and submit opinions to be promulgated as the opinions of the court when approved by a majority of the participating judges thereof or 

(b) to serve as a special commissioner to hear evidence and report findings of fact and conclusions of law in any case commenced by issuance of an original writ or 

(c) to serve in a circuit court or court of common pleas as a referee to hear evidence and report findings of fact and conclusions of law in any designated case to the judge before whom any case is pending in which a reference is authorized under Rule 68 or 

(d) to serve as a special commissioner to take depositions under Rule 57.


(Adopted June 1, 1971, effective January 1, 1972.)

First Adopted: March 17, 2003

Most Recently Effective: November 05, 2003

Rule 11 | Rules Governing The Missouri Bar and the Judiciary | Temporary Transfer of Judicial Personnel

11.09 | Senior Judge Limitations

(a) Absent consent of all parties on the record, a senior judge shall not sit in any case or otherwise be appointed by the court to participate in a case, for example, as a arbitrator, commissioner, or master, if a party, lawyer, or law firm in the case has directly or indirectly retained the senior judge for compensation within the preceding six months.

(b) For a period of six months after a senior judge has completed participation in a case as provided in Rule 11.09(a), the senior judge shall not be retained, directly or indirectly, by a party, lawyer or law firm that appeared in such case unless the senior judge is retained without compensation.

(c) A senior judge shall file in each court in which he or she serves a list of the parties, lawyers, and law firms that have retained the senior judge for compensation within the preceding 36 months. The senior judge shall review the list every calendar quarter and file any necessary changes on or before the last day of the quarter. If any counsel of record requests reassignment in writing within ten days of the judge being assigned or before any appearance before the judge, whichever is earlier, the senior judge shall:

(1) If assigned as a senior judge in a circuit court, return the file to the presiding judge for reassignment; or

(2) If assigned as a senior judge in an appellate court, recuse from the case.

(d) Notwithstanding Rule 11.09(c), a senior judge is not required to report parties, lawyers, or law firms that have retained the judge prior to January 1, 2003.

(e) For purposes of this Rule 11.09, a "senior judge" is a judge assigned pursuant to article V, section 26.3 of the Missouri Constitution.

(f) Court-assigned settlement conferences are not "cases" for purposes of this Rule 11.09.

(g) This Rule 11.09 does not apply to a senior judge when sitting in the following cases:

(1) A criminal case,

(2) A post-conviction proceeding challenging a conviction or sentence, or

(3) A juvenile case

as to all defendants or movants represented by:

(1) A public defender, or

(2) Other counsel under circumstance authorized by local court rule. 

Such rule shall protect against conflicts of interests by senior judges and shall be approved by this Court prior to becoming effective.


(Adopted March 17, 2003, effective July 1, 2003. Amended May 20, 2003, effective July 1, 2003; amended November 5, 2003, effective November 5, 2003.)