Supreme Court of Missouri
en banc
December 23, 2002
Effective July 1, 2003
In re:
Adoption of a new subdivision 11.09, entitled “Senior Judge Limitations,” of Rule 11, entitled “Temporary Transfer of Judicial Personnel.”
ORDER
1. It is ordered that effective July 1, 2003, subdivision 11.09 of Rule 11 be and the same is hereby adopted to read as follows:- 11.09 SENIOR JUDGE LIMITATIONS
(a) A senior judge shall not sit in any case in which 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) A senior judge shall not perform any task for a party, lawyer, or law firm that has appeared in a case before the senior judge in the preceding six months unless the senior judge does so without compensation.
(c) Within ten days of assignment, a senior judge shall mail counsel of record in every case to which the senior judge is assigned a list of the parties, lawyers, and law firms that have retained the senior judge for compensation within the preceding 36 months. If any counsel of record requests reassignment in writing within ten days of receiving the list, 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.
The time periods of this Rule 11.09(c) may be shortened by agreement of the parties.
(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.
3. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
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STEPHEN N. LIMBAUGH, JR.
Chief Justice