Missouri Revised Statutes

Mo. Rev. Stat. § 478.003 (2026)

Administration

✓ current as of May 2026

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478.003. Administration — commissioners, appointment, term, removal, powers, duties, qualifications, compensation — orders of commissioners, confirmation or rejection by judges, effect — assignment of judges outside circuit, when. — 1. In any judicial circuit of this state, a majority of the judges of the circuit court may designate a judge to hear cases arising in the circuit subject to the provisions of sections 478.001 to 478.009. In lieu thereof and subject to appropriations or other funds available for such purpose, a majority of the judges of the circuit court may appoint a person or persons to act as treatment court commissioners. Each commissioner shall be appointed for a term of four years, but may be removed at any time by a majority of the judges of the circuit court. The qualifications, compensation, and retirement benefits of the commissioner shall be the same as that of an associate circuit judge. If the compensation of a commissioner appointed pursuant to this section is provided from other than state funds, the source of such fund shall pay to and reimburse the state for the actual costs of the salary and benefits of the commissioner. The commissioner shall have all the powers and duties of a circuit judge, except that any order, judgment or decree of the commissioner shall be confirmed or rejected by an associate circuit or circuit judge by order of record entered within the time the judge could set aside such order, judgment or decree had the same been made by the judge. If so confirmed, the order, judgment or decree shall have the same effect as if made by the judge on the date of its confirmation.

2. The Missouri supreme court may assign a treatment court commissioner to serve in the treatment court division of a circuit other than the circuit in which the commissioner is appointed. The transfer shall only be ordered with the consent and approval of the presiding judge of the circuit to which the commissioner is to be assigned.

3. A treatment court commissioner may serve as a commissioner in any treatment court as designated by the treatment court coordinating commission, subject to local court rules.

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(L. 1998 H.B. 1147, et al. § 5 subsec. 2, A.L. 2010 H.B. 1695, et al., A.L. 2018 1st Ex. Sess. H.B. 2)

Effective 12-18-18

Notes of Decisions

Cited in 3 cases, 2004–2019 · leading case: State Ex Rel. Moore v. Sharp, 151 S.W.3d 104 (Mo. Ct. App. 2004).

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State Ex Rel. Moore v. Sharp, 151 S.W.3d 104 (Mo. Ct. App. 2004). · cites it 14× “In making this observation, we do not ignore the following language in section 478.003: "The Commissioner shall have all the powers and duties of a circuit judge, except that any order, judgment or decree of the commissioner shall be confirmed or rejected by an associate circuit…”

In Re Finnegan, 327 S.W.3d 524 (Mo. 2010). · cites it 10× “Section 478.003 [9] ("The commissioner shall have all the powers and duties of a circuit judge, except that any order, judgment, or decree of the commissioner shall be confirmed or rejected by an associate circuit or circuit judge .”

State of Missouri Ex Rel. Dan Patterson, Greene Cnty. Prosecuting Attorney, Relator v. The Honorable Calvin Holden, Thirty-first Jud. Circuit, Greene Cnty., Missouri (Mo. Ct. App. 2019). · cites it 5× “009, RSMo, and in that the 31st Judicial Circuit Court has, pursuant to section 478.003, RSMo, designated judges other than Respondent to hear cases arising in the circuit subject to the provisions of sections 478.”

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