SB 614 Modifies the county description of Jefferson County in provisions of law which allow the county to prosecute certain violations in a county municipal court and provisions of law regarding judicial personnel
Sponsor: Dixon
LR Number: 4247H.02C Fiscal Note available
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 5/16/2014 - In Conference--SB 614-Dixon, with HCS, as amended Journal Page:
Title: HCS SB 614 Calendar Position: 1
Effective Date: August 28, 2014
House Handler: Cox

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Current Bill Summary


HCS/SB 614 - The act modifies the county description of Jefferson County in provisions of law which allow Jefferson and Franklin Counties to prosecute violations of county orders in a county municipal court.

This provision is identical to provisions contained in HB 1921 (2014), HCS/SCS/SB 824 (2014), HCS/SCS/SB 854 (2014), and the truly agreed to and finally passed versions of SB 672 (2014) and SB 621 (2014).

Currently, no new Supreme Court or Court of Appeals Commissioners have been appointed since 1972, as designated by statute. This act repeals sections of law referencing the Commissioners of the Supreme Court and the Court of Appeals.

These provisions are identical to provisions contained in SCS/HCS/HB 2085 (2014) and the truly agreed to and finally passed version of HB 1231 (2014).

The act modifies the number of judges to serve in each district of the Court of Appeals in order to reflect the current total number authorized by statute.

These provisions are identical to provisions contained in SCS/HCS/HB 2085 (2014) and the truly agreed to and finally passed version of HB 1231 (2014).

Sections of law referencing the appointment of a janitor-messenger in the circuit court of the City of St. Louis have also been repealed.

JESSICA BAKER

HA 1 - THIS AMENDMENT REPEALS PROVISIONS OF LAW WHICH STATE THAT WHEN A JUDICIAL WEIGHTED WORKLOAD INDICATES FOR THREE CONSECUTIVE YEARS THAT A JUDICIAL CIRCUIT WITH A POPULATION OF ONE-HUNDRED THOUSAND OR MORE IS IN NEED OF FOUR OR MORE FULL-TIME JUDICIAL POSITIONS, THEN THERE SHALL BE ONE ADDITIONAL ASSOCIATE CIRCUIT JUDGE POSITION IN SUCH CIRCUIT(SECTION 478.320).

THE AMENDMENT AWARDS THE CIRCUIT COURT OF ST. LOUIS COUNTY ONE ADDITIONAL ASSOCIATE JUDGE AND ONE ADDITIONAL CIRCUIT JUDGE POSITION IN LIEU OF THE ADDITIONAL ASSOCIATE CIRCUIT JUDGE POSITIONS AWARDED UNDER CURRENT LAW (478.437).

CURRENTLY, THE SIXTEENTH JUDICIAL CIRCUIT HAS NINE ASSOCIATE CIRCUIT JUDGES WITH FIVE OF THE JUDGES LOCATED IN KANSAS CITY AND FOUR OF THE JUDGES LOCATED IN INDEPENDENCE. THE AMENDMENT STATES THAT THE SIXTEENTH JUDICIAL CIRCUIT SHALL HAVE TEN ASSOCIATE CIRCUIT JUDGES, WHICH SHALL SIT IN DIVISIONS NUMBERED 25 THROUGH 34. THE 34TH DIVISION SHALL SIT IN A LOCATION DETERMINED BY THE COURT EN BANC. THIS TENTH ASSOCIATE CIRCUIT JUDGE POSITION SHALL NOT BE INCLUDED IN THE STATUTORY FORMULA FOR AUTHORIZING ADDITIONAL ASSOCIATE CIRCUIT JUDGESHIPS UNDER CURRENT LAW (478.464).

THE AMENDMENT PROVIDES THE THIRTY-FIRST JUDICIAL CIRCUIT WITH AN ADDITIONAL ASSOCIATE CIRCUIT JUDGE, AND SPECIFIES THAT THE ADDITIONAL ASSOCIATE CIRCUIT JUDGES AWARDED IN FISCAL YEARS 2014 AND 2015 SHALL NOT BE INCLUDED IN THE STATUTORY FORMULA FOR AUTHORIZING ADDITIONAL ASSOCIATE CIRCUIT JUDGESHIPS UNDER CURRENT LAW (478.513).

THE AMENDMENT STATES THAT IN THE ELEVENTH JUDICIAL CIRCUIT THERE SHALL BE AN ADDITIONAL ASSOCIATE CIRCUIT JUDGE POSITION. THIS POSITION SHALL BE ELECTED IN 2016, AND SHALL NOT BE CONSIDERED VACANT UNTIL JANUARY 1, 2017, AND SHALL NOT BE INCLUDED IN THE STATUTORY FORMULA FOR AUTHORIZING ADDITIONAL ASSOCIATE CIRCUIT JUDGESHIPS UNDER CURRENT LAW (478.600).

THE AMENDMENT ALSO AWARDS THE THIRTY-EIGHTH JUDICIAL CIRCUIT AN ADDITIONAL CIRCUIT JUDGE POSITION IN LIEU OF AN ASSOCIATE CIRCUIT JUDGE POSITION AWARDED UNDER CURRENT LAW. THIS CIRCUIT JUDGE POSITION IS IN ADDITION TO THE NUMBER OF CIRCUIT AND ASSOCIATE JUDGE POSITIONS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS SECTION(478.740).

HA 2 - THE AMENDMENT CHANGES THE TITLE TO "RELATING TO JUDICIAL PROCEDURES." THE AMENDMENT ALSO PROVIDES THAT COURTS THAT REQUIRE ELECTRONIC FILING MUST ACCEPT AN ENTRY OF APPEARANCE FILED BY AN ATTORNEY BY FAX OR REGULAR MAIL (SECTION 1).

HA 3 - THIS AMENDMENT REMOVES LANDLORD TENANT, UNLAWFUL DETAINER, AND FORCIBLE ENTRY AND DETAINER ACTIONS FROM THE LIST OF ACTIONS IN WHICH AN AGGRIEVED PARTY MUST APPLY FOR A TRIAL DE NOVO FOR REDRESS. THE AMENDMENT PROVIDES THAT SUCH ACTIONS ARE APPEALABLE. APPLICATION FOR SUCH APPEALS SHALL BE CONDUCTED AS PROVIDED BY THE MISSOURI RULES OF CIVIL PROCEDURE, RATHER THAN CHAPTER 512 WHICH PROVIDES PROCEDURES FOR AN APPEAL AND A TRIAL DE NOVO IN CIVIL CASES.

FORCIBLE ENTRY AND DETAINER AND UNLAWFUL DETAINER ACTIONS MUST BE HEARD ON THE RECORD, AND THE PRACTICE AND PROCEDURES FOR CIVIL CASES ORIGINALLY FILED BEFORE AN ASSOCIATE CIRCUIT JUDGE AS PROVIDED IN CHAPTER 517 SHALL APPLY TO SUCH ACTIONS.

CURRENT LAW PROVIDES THAT THE SHERIFF MUST ATTEMPT TO SERVE ANY SUMMONS WITHIN FOUR DAYS OF THE DATE OF ISSUANCE BY A JACKSON COUNTY LANDLORD-TENANT COURT. THE AMENDMENT REMOVES THE LANGUAGE WHICH REQUIRES THE SHERIFF TO BE THE PERSON TO SERVE THE SUMMONS.