Rule 121 | Recusal or Change of Judicial Officer

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 121 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Recusal or Change of Judicial Officer

121.01 | Recusal of Judicial Officer

a. A judicial officer shall recuse when the judicial officer is interested, related to a party, has been counsel for a party in any proceeding, or is recused for any other reason.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 121 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Recusal or Change of Judicial Officer

121.02 | Change of Judicial Officer

a. A change of judicial officer shall be ordered upon the timely filing of a written application by a party.

b. The application need not allege any cause for a change of judicial officer and need not be verified but shall specifically designate the judicial officer against whom the application is filed.

c. The application in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, must be filed within five days after the protective custody hearing required under Rule 123.05 has been held or within five days after the judicial officer for the hearing on the petition is designated, whichever is later. If the judicial officer is designated less than five days before the scheduled hearing on the petition, the application must be filed prior to commencement of any proceedings on the record.

d. The application in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, must be filed within five days after the detention hearing required under Rule 127.08 has been held or within five days after the judicial officer for the hearing on the petition is designated, whichever is later. If the judicial officer is designated less than five days before the scheduled hearing on the petition, the application must be filed prior to commencement of any proceedings on the record.

e. A copy of the application and notice of the date and time when it will be presented shall be served on all parties.

f. The judicial officer promptly shall sustain a timely application for a change of judicial officer upon its presentation.

g. Once an application filed by a party, other than the juvenile officer, has been sustained, no further applications, except under Rule 121.01, shall be permitted.

h. A change of judicial officer under this Rule 121.02 shall not be permitted in connection with a supplemental petition or a motion to modify a prior order of disposition under chapter 211, RSMo, or in connection with a petition filed under section 211.447, RSMo, unless the designated judicial officer is not the judicial officer who conducted the hearing on the petition.

Comment

A change of judicial officer under this Rule 121.02 may constitute a compelling extenuating circumstance for purposes of Rule 123.05 and Rule 124.04a(2).


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 121 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Recusal or Change of Judicial Officer

121.03 | Procedure Upon Recusal or Change of Judicial Officer

a. A judicial officer recused under Rule 121.01 or sustaining an application under Rule 121.02 shall notify immediately the administrative judge of the family court, who, unless he or she is recused under Rule 121.01 or has sustained an application under Rule 121.02, shall assign immediately another judicial officer of the circuit who is not recused under Rule 121.01 or has not sustained an application under Rule 121.02.

b. If the administrative judge of the family court is recused under Rule 121.01 or has sustained an application under Rule 121.02, a judicial officer who is not recused under Rule 121.01 or has not sustained an application under Rule 121.02 shall notify immediately the presiding judge, who, unless he or she is recused under Rule 121.01 or has sustained an application under Rule 121.02, shall assign immediately another judicial officer of the circuit who is not recused under Rule 121.01 or has not sustained an application under Rule 121.02 or request this Court to transfer a judge.

c. In the absence of a family court, a judicial officer who is recused under Rule 121.01 or has sustained an application under Rule 121.02 shall notify immediately the presiding judge, who, unless he or she is recused under Rule 121.01 or has sustained an application under Rule 121.02, shall assign immediately another judge of the circuit who is not recused under Rule 121.01 or has not sustained an application under Rule 121.02 or request this Court to transfer a judge.

d. If the presiding judge is recused under Rule 121.01 or has sustained an application under Rule 121.02, a judge of the circuit shall be assigned in accordance with local court rule, so long as the local court rule does not permit a judge who is recused under Rule 121.01 or has sustained an application under Rule 121.02 to assign a successor judge, or the presiding judge shall request this Court to transfer a judge.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 121 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Recusal or Change of Judicial Officer

121.04 | Location of Hearings After Recusal or Change of Judicial Officer

If the allegations of the petition have been established, whether before or after the judicial officer is recused under Rule 121.01 or an application is sustained under Rule 121.02, further hearings may be held at such place convenient to the parties within or without the circuit as the assigned judicial officer may determine.

Comment

Under this Rule 121.04, the hearing on the petition shall be conducted within the county where venue lies under section 211.031, RSMo. Subsequent hearings, including any hearings in connection with a petition filed under section 211.447, RSMo, may be conducted at a place convenient to the assigned judicial officer and the parties.


(Adopted May 20, 2009, effective January 1, 2010.)