Supreme Court of Missouri
en banc
March 3, 2016
Effective July 1, 2016
Effective July 1, 2016
In re:
Day - to - Day
___________________________
PATRICIA BRECKENRIDGE
Chief Justice
Repeal of subdivision 14.01, entitled "Assignment of Judicial Personnel," of Court Operating Rule 14, entitled "Assignment of Judicial Personnel/Solemnizing Marriage," and in lieu thereof adoption of a new subdivision 14.01, entitled "Assignment of Judicial Personnel."
1. It is ordered that effective July 1, 2016, subdivision 14.01 of Court Operating Rule 14 be and the same is hereby repealed and a new subdivision 14.01 adopted in lieu thereof to read as follows:
COURT OPERATING RULE 14.01 – Assignment of Judicial Personnel
2. It is further ordered that this Court's December 16, 2015, order adopting a revised Court Operating Rule 14.01, to be effective April 1, 2016, is hereby vacated.
3. 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.
4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
ORDER
1. It is ordered that effective July 1, 2016, subdivision 14.01 of Court Operating Rule 14 be and the same is hereby repealed and a new subdivision 14.01 adopted in lieu thereof to read as follows:
COURT OPERATING RULE 14.01 – Assignment of Judicial Personnel
(a) 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:
(b) Each presiding judge shall ensure that any case in the family court or juvenile court divisions in which a juvenile officer is a party is not heard by a judge who is the appointing authority for the juvenile officer and/or other necessary juvenile employees.
(1) 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
(2) 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:
(2) 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:
(A) Signed a written waiver permitting the same judge to hear both the preliminary hearing and the trial, or
(B) Indicated on the record that the defendant is permitting the same judge to hear both the preliminary hearing and the trial.
(B) Indicated on the record that the defendant is permitting the same judge to hear both the preliminary hearing and the trial.
(b) Each presiding judge shall ensure that any case in the family court or juvenile court divisions in which a juvenile officer is a party is not heard by a judge who is the appointing authority for the juvenile officer and/or other necessary juvenile employees.
2. It is further ordered that this Court's December 16, 2015, order adopting a revised Court Operating Rule 14.01, to be effective April 1, 2016, is hereby vacated.
3. 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.
4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
___________________________
PATRICIA BRECKENRIDGE
Chief Justice