Missouri Revised Statutes

Mo. Rev. Stat. § 106.260 (2026)

Appointment of special sheriff

✓ current as of May 2026
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  106.260.  Appointment of special sheriff. — In any proceedings instituted under the provisions of sections 106.220 to 106.290, the attorney general, prosecuting attorney or special prosecutor appointed by the court may file with the clerk of the circuit court an affidavit that he believes the sheriff of said county is disqualified from summoning a fair and impartial jury for the trial of said cause, by reason of the fact that he is related to the defendant, or is interested or prejudiced in his favor to such an extent that he will not, in the opinion of said attorney general, prosecuting attorney or special prosecutor, summon a fair and impartial jury, and the judge may, in his discretion, thereupon make an order disqualifying said sheriff from summoning the jury in said cause, and appoint an elisor, who shall have the same power as the sheriff in the summoning of the jury, and perform the duties of the sheriff in the trial of said cause; provided, that in case the said proceeding shall be against the sheriff of any county, the judge shall make an order disqualifying him, and appoint an elisor for the summoning of the jury and performing the duties of the office of the sheriff for the trial of said cause.

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(RSMo 1939 § 12832)

Prior revisions: 1929 § 11206; 1919 § 9179; 1909 § 10208

Notes of Decisions
Cited in 1 case, 1971–1971 · leading case: State ex inf. Danforth v. Orton, 465 S.W.2d 618 (Mo. 1971).
State ex inf. Danforth v. Orton, 465 S.W.2d 618 (Mo. 1971). · cites it 2× “If the action is against a sheriff, the circuit judge shall make an order disqualifying the sheriff and appoint an elisor for the summoning of the jury and performing the duties of sheriff in the trial of the cause — § 106.260. This action is in the nature of a civil proceeding…”
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