Supreme Court of Missouri
en banc

In re:

Repeal of Court Operating Rule 14, consisting of subdivisions 14.01 and 14.02, entitled "Assignment of Judicial Personnel/Solemnizing Marriage," and in lieu thereof adoption of a new Court Operating Rule 14, consisting of subdivisions 14.01 and 14.02, entitled "Assignment of Judicial Personnel/Solemnizing Marriage."

ORDER

1.  It is ordered that effective January 1, 2015, Court Operating Rule 14, consisting of subdivisions 14.01 and 14.02, be and the same is hereby repealed and a new Court Operating Rule 14, consisting of subdivisions 14.01 and 14.02, adopted in lieu thereof to read as follows:

COURT OPERATING RULE 14.01 -- ASSIGNMENT OF JUDICIAL PERSONNEL

Each presiding circuit judge is hereby authorized to assign any case or any class or classes of cases to any judge or division within the circuit, except that the presiding circuit judge is not authorized by this Court Operating Rule 14.01 to make the following assignments:

(a) Assignment of a municipal judge to hear any case other than to initially hear a municipal ordinance violation case of the municipality that makes provision for such municipal judge; and

(b) Assignment of a judge to hear the trial of a felony case when the judge has previously conducted the preliminary hearing in that case unless the defendant has:

(1) Signed a written waiver permitting the same judge to hear both the preliminary hearing and the trial, or

(2) Indicated on the record that the defendant is permitting the same judge to hear both the preliminary hearing and the trial.

COURT OPERATING RULE 14.02 -- SOLEMNIZING MARRIAGES

Any judge, including a municipal judge, may solemnize a marriage at any place within the state of Missouri.  A judge shall not receive any compensation for solemnizing a marriage.

For purposes of this Court Operating Rule 14.02, a "judge" is any person who has served or is serving as a judge of this Court, the court of appeals or the circuit court, including any municipal division of the circuit court.

2.  The state courts administrator shall provide copies of this order to every presiding circuit court judge and circuit clerk and such other persons as the administrator deems appropriate.
 
3.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.
 
4.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

___________________________
MARY R. RUSSELL
Chief Justice