Supreme Court of Missouri
en banc
November 5, 2003
In re:
Repeal of subdivision 11.09, entitled “Senior Judge Limitations,” of Rule 11, entitled “Temporary Transfer of Judicial Personnel,” and in lieu thereof adoption of a new subdivision 11.09.
ORDER
1. It is ordered that subdivision 11.09 of Rule 11 be and the same is hereby repealed and a new subdivision 11.09 adopted in lieu thereof to read as follows:
11.09 SENIOR JUDGE LIMITATIONS
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(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:
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(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:
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(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:
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(1) A public defender, or
(2) Other counsel under circumstances 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.
3. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
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RONNIE L. WHITE
Chief Justice