478.220. Circuit and associate circuit judges, jurisdiction, restrictions. — Circuit judges and associate circuit judges may hear and determine all cases and matters within the jurisdiction of their circuit courts, subject however, to the following restrictions:
(1) Circuit judges shall not hear and determine municipal ordinance violation cases, except upon trial de novo, unless the judge be transferred or assigned to hear and determine the case or that class of case pursuant to section 478.240 or 478.245, or Section 6 of Article V of the Constitution; and
(2) Each circuit judge or associate circuit judge who serves as the judge of the probate division of the circuit court may hear and determine all cases and matters within the probate division of the circuit court in the county for which he is judge in accordance with the rules of civil procedure, except where specific statutes govern procedure in the probate division; and
(3) The provisions of this section authorizing the hearing and determination of particular cases or classes of cases by circuit judges and associate circuit judges shall be subject to the transfer, assignment, and disqualification provisions contained in Article V of the Constitution, in provisions of law, or in court rules which are authorized by the constitution or by law.
Notes of Decisions
Cited in
21
cases, 1972–2018 · leading case:
State v. Williams, 46 S.W.3d 35 (Mo. Ct. App. 2001).
State v. Williams, 46 S.W.3d 35 (Mo. Ct. App. 2001).
· cites it 14× “225 was repealed by the General Assembly and at the same time Section 478.220 was amended. Section 478.”
In Re Marriage of Pierce, 867 S.W.2d 237 (Mo. Ct. App. 1993).
· cites it 8× “Respondent counters that the trial judge had jurisdiction under § 478.220, RSMo Supp. 1989. The contention made by appellant in his second point was not presented to the trial court and thus ordinarily would not be preserved for review.”
State Ex Rel. M.D.K. v. Dolan, 968 S.W.2d 740 (Mo. Ct. App. 1998).
· cites it 7× “225 and amended the introductory clause of section 478.220 RSMo 1978. Section 478.220 provides that circuit judges “and associate circuit judges may hear and determine all cases and matters within the jurisdiction of their circuit courts,” subject to three restrictions, none of…”
B.C. Nat'l Banks v. Potts, 30 S.W.3d 220 (Mo. Ct. App. 2000).
· cites it 7× “225 was repealed and at the same time § 478.220 was amended. Sec *222 tion 478.”
Spino v. Bhakta, 174 S.W.3d 702 (Mo. Ct. App. 2005).
· cites it 10× “” Section 478.220, RSMo 2000 (emphasis added).”
State Ex Rel. Drienik v. Clifford, 944 S.W.2d 266 (Mo. Ct. App. 1997).
· cites it 5× “” In contrast, associate circuit judges could only hear and determine “cases or classes of cases” enumerated in § 478.”
Harvey v. Vill. of Hillsdale, 893 S.W.2d 395 (Mo. Ct. App. 1995).
· cites it 5× “225 was repealed, § 478.220 was amended. Id. at 429. Originally, § 478.”
Cooper v. Bluff City Mobile Home Sales, Inc., 78 S.W.3d 157 (Mo. Ct. App. 2002).
“225 in 1989 and its concurrent amendment of the introductory clause of § 478.220 to read: “Circuit judges and associate judges may hear and determine all cases and matters within the jurisdiction of their circuit courts[.”
Mogley v. Fleming, 11 S.W.3d 740 (Mo. Ct. App. 1999).
· cites it 2× “Furthermore, section 478.220 provides that circuit judges and associate circuit judges “may hear and determine all eases and matters within the jurisdiction of the circuit courts.”
State v. Strong, 484 S.W.2d 657 (Mo. 1972).
· cites it 2× “The Buchanan County Circuit Court has three terms of court (the first Mondays in January, May and October, § 478.220, RSMo 1969, V.A.M.S.), and therefore § 545.”
In Re Dco, 239 S.W.3d 714 (Mo. Ct. App. 2007).
· cites it 6× “Section 478.220 [2] provides that circuit judges and associate circuit judges may hear and determine all cases and matters within the jurisdiction of their circuit courts subject to certain restrictions.”
Jones v. Riley, 560 S.W.3d 540 (Mo. Ct. App. 2018).
· cites it 2× “In accord with Article V, section 17 of the Missouri Constitution, section 478.220 provides that all circuit and associate circuit judges may hear and determine all cases and matters within the jurisdiction of their circuit courts, subject to enumerated restrictions inapplicable…”
Mo. Rev. Stat. § 478.220(2): 2 cases
In Re Dco, 239 S.W.3d 714 (Mo. Ct. App. 2007).
“Section 478.220 [2] provides that circuit judges and associate circuit judges may hear and determine all cases and matters within the jurisdiction of their circuit courts subject to certain restrictions.”
Mo. Rev. Stat. § 478.220(3): 4 cases
B.C. Nat'l Banks v. Potts, 30 S.W.3d 220 (Mo. Ct. App. 2000).
“225 was repealed and at the same time § 478.220 was amended. Sec *222 tion 478.”
State v. Williams, 46 S.W.3d 35 (Mo. Ct. App. 2001).
“225 was repealed by the General Assembly and at the same time Section 478.220 was amended. Section 478.”
In Re Dco, 239 S.W.3d 714 (Mo. Ct. App. 2007).
“Section 478.220 [2] provides that circuit judges and associate circuit judges may hear and determine all cases and matters within the jurisdiction of their circuit courts subject to certain restrictions.”
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