|SB 0440||Certain commissioner positions are eliminated and adds certain judgeships in their place|
|LR Number:||S1937.02P||Fiscal Note:||1937-02|
|Last Action:||05/14/99 - 001 S Calendar S Bills for Third Reading (In BC)||Journal page:|
|Title:||SCS SB 440|
|Effective Date:||Emergency Clause|
SCS/SB 440 - This act eliminates certain existing judicial commissioner positions. Sitting commissioners will continue service until the end of their term of office. At that time, the position is abolished and circuit and associate circuit judgeships are created in their place.
In counties selecting judges under the non-partisan court plan, the Governor would receive the list of judges nominated to replace a commissioner 60 days prior to the expiration of the commissioner's term. In counties that elect judges, the commissioners would continue service until the December 31 following their term expiration, when a newly elected judge would be sworn in.
Commissioners eligible to receive retirement benefits at the end of their current term (age 60 with 15 years service) will be allowed to continue in their current positions until age 70.
The powers of traffic and municipal judges are now the same as those of a special master. Landlord-tenant commissionerships, available only in Jackson and St. Louis counties, are deleted.
Juvenile court commissionerships in St. Louis City, St. Charles, St. Louis and Jackson counties are eliminated and an associate circuit judgeship is created in exchange.
Probate commissionerships and deputy commissionerships in St. Louis City, Jackson County, St. Louis County and Greene County are eliminated and circuit and associate circuit judgeships are created in exchange. Drug court commissionerships in Jackson County are eliminated and associate circuit judgeships are created in exchange.
Family court commissionerships are eliminated and associate circuit judgeships are created.
Jackson County, St. Louis County and St. Louis City receive a circuit judgeship for each probate commissionership eliminated. The judges are exempt from court recording and allowed to continue with electronic recording - as the commissioners currently do. Boone County receives one associate circuit judge for the family court commissionership eliminated in that circuit.
An associate circuit judgeship is granted for each circuit court or deputy commissionership eliminated in counties that are whole circuits (Platte, Clay, St. Charles, St. Louis, St. Louis City, Jackson, Cole, Jefferson, Jasper and Greene counties). An associate circuit judgeship is granted for each drug court commissionership eliminated in counties that are whole circuits, or in the largest county in multi-county circuits if the circuit is receiving appropriations for FY2000 for such commissioner.
The current version contains a technical error regarding the
powers and duties of currently sitting commissioners.