478.255. Disqualification of judge, reassignment procedure — applicability to probate judges. — 1. When the presiding judge assigns an associate circuit judge to sit as a circuit judge in a particular case and, thereafter, the associate circuit judge is disqualified from hearing the case, the case shall be returned to the presiding judge for reassignment to another judge of the circuit court including the presiding judge himself should that be necessary in the discretion of the presiding judge.
2. When a presiding judge elects to hear and determine a case but subsequently is disqualified, such judge is disqualified for all purposes and the chief justice of the supreme court shall assign a competent judge to hear and determine the case, except as provided in subsection 3 of this section.
3. In any circuit, which has four circuit judges or less, when a presiding judge elects to hear and determine a case but subsequently is disqualified, such presiding judge may assign another judge within the circuit, qualified to hear the case, to hear and determine the case. If there is no other judge within the circuit qualified to hear the case, the chief justice of the supreme court shall assign a competent judge to hear and determine the case.
4. The provisions of this section shall apply to disqualification of any judge in the probate division of a circuit court.
Notes of Decisions
Cited in
7
cases, 1970–2018 · leading case:
Farinella v. Croft, 922 S.W.2d 755 (Mo. 1996).
Farinella v. Croft, 922 S.W.2d 755 (Mo. 1996).
· cites it 4× “§ 478.255, RSMo 1986. At this time, the phrase, "in all cases where the petition claims damages not to exceed five thousand dollars" was added to section 512.”
Est. of Downs v. Bugg, 348 S.W.3d 848 (Mo. Ct. App. 2011).
· cites it 3× “r 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…”
Redifer v. Redifer, 650 S.W.2d 26 (Mo. Ct. App. 1983).
· cites it 5× “On appeal, wife first contends that the trial court lacked jurisdiction over the case because the acting presiding judge, having disqualified himself, failed to refer the case to the chief justice of the Missouri Supreme Court for reassignment, in accordance with § 478.”
Jones v. State, 565 S.W.3d 704 (Mo. Ct. App. 2018).
· cites it 2× “ted, 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…”
State v. Lillibridge, 459 S.W.2d 288 (Mo. 1970).
· cites it 2× “Section 478.255, V.A.M.S., provides that terms of court in Cole County shall be on the first Mondays in February, May, September and December.”
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