Chapter 19: Disqualification of Judicial Officer
| Section 19.1 |
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When Ordered |
| Section 19.2 |
Timeliness of Application |
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| Section 19.3 |
Number of Applications |
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| Section 19.4 |
Powers and Duties of Special Judicial Officer |
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Section 19.1 When Ordered |
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. Supreme Court Rule 121.01.a.
A change of judicial officer shall be ordered upon the timely filing of a written application by a party. Supreme Court Rule 121.02(a). The application for change of judicial officer need not allege any cause for change of judicial officer and need not be verified but shall specifically designate the judicial officer against whom the application is filed. Supreme Court Rule 121.02(b).
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Section 19.2 Timeliness of Application |
The application referred to herein must be filed within five days after the protective custody hearing required under Supreme Court 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. Supreme Court Rule 121.02(c) and (d).
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Section 19.3 Number of Applications |
Once an application filed by a party other than the juvenile officer, has been sustained, no further application shall be permitted except under Supreme Court Rule 121.01. Supreme Court Rule 121.02(g). For purposes of Supreme Court Rule 121.02, a supplemental petition and a motion to modify a prior order of disposition under Chapter 211, 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. Supreme Court Rule 121.02(h).
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Section 19.4 Powers and Duties of Special Judicial Officer |
If the allegations of the petition have been established, further hearings may be held at such place convenient to the parties within or without the circuit as the special judicial officer may determine. Supreme Court Rule 121.04.