472.060. Disqualification of judge. — No judge of probate shall sit in a case in which the judge is interested, or in which the judge is biased or prejudiced against any interested party, or in which the judge has been counsel or a material witness, or when the judge is related to either party, or in the determination of any cause or proceeding in the administration and settlement of any estate of which the judge has been personal representative, conservator, or guardian, when any party in interest objects in writing, verified by affidavit; and when the objections are made, the cause shall be transferred to another judge, in accordance with the provisions of section 478.255, who shall hear and determine same; and the clerk of the circuit court or division clerk shall deliver to the probate division of the circuit court a full and complete transcript of the judgment, order or decree made in the cause, which shall be kept with the papers in the office pertaining to such cause.
Notes of Decisions
Est. of Johnson v. Kranitz, 168 S.W.3d 84 (Mo. Ct. App. 2005).
· cites it 27× “He argues that the court misapplied the time requirements by applying the thirty-day requirement in the Rules of Civil Procedure and not section 472.060, which only requires a motion “pri- or to commencement of proceedings.”
Est. of Downs v. Bugg, 348 S.W.3d 848 (Mo. Ct. App. 2011).
· cites it 22× “In his first point, Bugg claims that Judge Daniels erred by denying Bugg’s motion that she be disqualified because Bugg’s application for disqualification pursuant to section 472.060 4 was timely filed. In his second point, Bugg claims that the trial court erred in overruling…”
Jones v. State, 565 S.W.3d 704 (Mo. Ct. App. 2018).
· cites it 7× “Ultimately, the trial court denied the application because: (1) Jones did not allege any grounds for a statutory change of judge pursuant to § 472.060 of the Probate Code; and (2) Rule 51.”
Fenlon v. Frein, 967 S.W.2d 258 (Mo. Ct. App. 1998).
· cites it 21× “On August 1, 1996 appellant’s attorney attempted to file a motion to disqualify the trial judge, which was not accepted on the grounds that it did not comply with Section 472.060 RSMo 1994 (all further references shall be to RSMo 1994 unless noted otherwise).”
State Ex Rel. Nassau v. Kohn, 731 S.W.2d 840 (Mo. 1987).
· cites it 7× “Section 472.060 provides: No judge of probate shall sit in a case in which he is interested, or in which he is biased or prejudiced against any interested party, or in which he has been counsel or a material witness, or when he is related to either party, or in the determination…”
In Re the Est. of DeGraff, 560 S.W.2d 342 (Mo. Ct. App. 1977).
· cites it 7× “In a circuitous and bizarre manner which virtually defies credulity, the motion to remove the executor was ultimately heard and adjudicated by the Circuit Court of Callaway County as though properly certified there pursuant to Section 472.060, RSMo 1969. 1 Parenthetically,…”
State Ex Rel. Raack v. Kohn, 720 S.W.2d 941 (Mo. 1986).
· cites it 4× “and when objections are made, the cause shall be transferred to another judge .”
State Ex Rel. Campbell v. Kohn, 606 S.W.2d 399 (Mo. Ct. App. 1980).
· cites it 5× “Bruemmer, deceased, after a claim was filed on behalf of the credit card division of First National Bank of Chicago, the executrix filed a motion to disqualify respondent-judge under § 472.060, RSMo 1978, in which it was alleged that the judge was disqualified to sit in the…”
State ex rel. York v. Kays, 916 S.W.2d 859 (Mo. Ct. App. 1996).
· cites it 13× “Relator, as “Guardian and Co-Conservator of the Estate of John David York, a minor,” under § 472.060 RSMo 1994, filed a “Petition for Disqualification of Judge” seeking Respondent’s disqualification.”
State Ex Rel. Cohen v. Riley, 994 S.W.2d 546 (Mo. 1999).
· cites it 4× “banc 1987), it was stated, Accordingly we hold that a party who unduly delays the filing of a motion to disqualify under section 472.060 waives his right to automatic disqualification under that statute.”
State ex rel. Stephens v. Lamb, 883 S.W.2d 101 (Mo. Ct. App. 1994).
· cites it 18× “The issue is whether relators may have more than one disqualification of judge under § 472.060, RSMol986. They earlier received such a disqualification and after respondent was assigned to hear the matter, sought to disqualify him under that section.”
Martin v. State, 526 S.W.3d 169 (Mo. Ct. App. 2017).
· cites it 2× “banc 1987) (holding that an application for change of judge, for cause filed in a probate proceeding pursuant to section 472.060 “is not untimely filed unless it is clear from the record-that the ‘trial’ .”
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