Missouri Revised Statutes

Mo. Rev. Stat. § 483.245 (2026)

Deputy circuit clerks, appointment, removal, assignment of duties

✓ current as of May 2026

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483.245. Deputy circuit clerks, appointment, removal, assignment of duties — compensation, how determined and paid. — 1. The provisions of this section shall become effective on July 1, 1981.

2. The circuit clerk, or person exercising the authority of the circuit clerk pursuant to county charter, shall appoint all deputy circuit clerks, including deputy circuit clerks serving in courtrooms, and shall prescribe and assign the duties of such deputy circuit clerks. The circuit clerk may remove from office any deputy circuit clerk whom he appoints. All division clerks, as defined in section 483.241, shall be appointed by the judge of the division such clerks serve, and such judge may remove from office any division clerk whom he appoints.

3. Notwithstanding the provisions of subsection 2 of this section, if, on June 30, 1981, in any county or in the city of St. Louis, there exists by reason of local charter, a plan of merit selection and retention or other similar personnel plan, providing for selection, tenure or retention of deputy circuit clerks or division clerks, after July 1, 1981, as to clerical personnel who were, on June 30, 1981, under such a plan, the provisions for merit retention and tenure shall continue to apply as to such persons insofar as is reasonably possible even though they are paid by the state and become state employees, and the circuit court en banc shall be considered as the commission or board for determining the propriety of any disciplinary or dismissal action.

4. In addition to the authority to remove deputy circuit clerks and division clerks hereinabove provided, the circuit court en banc may remove from office a deputy circuit clerk or division clerk for cause.

5. The maximum number of deputy circuit clerks for each county and the maximum number of division clerks for a particular division shall be determined by order of the circuit court en banc. Such order may be modified for cause by order of the supreme court, or if no order is entered providing for the number of deputy circuit clerks and division clerks, the supreme court may enter such order.

6. The salaries of deputy circuit clerks and division clerks shall be established by the circuit clerk in the case of deputy circuit clerks, or the judge appointing the division clerk in the case of division clerks, within salary ranges and classifications which may from time to time be established by administrative rule of the supreme court within the limit of funds appropriated for this purpose. The salaries of deputy circuit clerks and division clerks shall be paid by the state, and they shall be state employees.

7. Notwithstanding the other provisions of this section providing for the establishment of the number of deputy circuit clerks and division clerks serving the various circuit courts and the determination of their salaries, such determinations shall not be construed as mandating appropriations to fund such positions, and the payment of the salaries and emoluments of deputy circuit clerks and division clerks shall be subject to the availability of moneys appropriated for those purposes by the general assembly or federal grant moneys.

8. For purposes of this section, the circuit court en banc shall be deemed to include all circuit and associate circuit judges of the entire circuit, and determinations or orders of the circuit court en banc shall be by action of a majority of such judges in office.

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(L. 1978 H.B. 1634, A.L. 1979 S.B. 165)

Effective 7-01-81

Notes of Decisions

Cited in 9 cases, 1982–2018 · leading case: Kelly v. Hanson, 959 S.W.2d 107 (Mo. 1998).

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Kelly v. Hanson, 959 S.W.2d 107 (Mo. 1998). · cites it 2× “Although section 483.245 was passed before that time, the actual transfer of responsibility required by that section occurred in fiscal year 1981-1982.”

Missouri State Employees' Ret. Sys. v. Jackson Cnty., 738 S.W.2d 118 (Mo. 1987). · cites it 6× “Certain court clerks who had previously been county employees became state employees on July 1, 1981 by reason of Section 483.245, RSMo 1986, adopted June 15, 1978, 1978 Mo.”

Reuter v. Hickman, 563 S.W.3d 816 (Mo. Ct. App. 2018). · cites it 2× “01 establishes the Circuit Court Personnel System, names all its parts, including 7.01.C Personnel Policies, and states that the System "shall apply to the employees of the circuit court whose positions are funded by the State of Missouri," which includes Hickman, as a deputy…”

Barnes v. Bosley, 625 F. Supp. 81 (E.D. Mo. 1985). · cites it 2× “The instant judgment is clearly against the State of Missouri since Barnes is a State employee under Mo.Rev.Stat. § 483.245, (Supp.1984). Any award relating to Barnes' compensation is payable from the State treasury under that statute.”

Smith v. Thirty-Seventh Jud. Circuit of Missouri, 847 S.W.2d 755 (Mo. 1993). “1992 (salaries of circuit clerks); § 483.245 (salaries of deputy circuit clerks); § 485.”

Ownbey v. Circuit Court Budget Comm., 813 S.W.2d 4 (Mo. Ct. App. 1991). “Under § 483.245 supra, the employees here involved are paid through the state pursuant to a state plan.”

Susan Gall v. Russell E. Steel Kristie H. Swaim (Mo. Ct. App. 2016). · cites it 7× “section 483.245, RSMo 2000, the duly elected circuit clerk of Adair County is the appointing authority for deputy circuit clerks.”

State ex inf. Dietrich ex rel. Turpin v. Rush, 636 S.W.2d 51 (Mo. 1982). “§ 483.245. Section 59.257, relating to recorders of deeds in third class counties having separate offices of recorder and circuit clerk, provides that “[t]he deputies appointed as herein provided shall receive the salaries that are fixed by the recorder of deeds, with the…”

St. Louis Cnty. v. Missouri State Employees' Ret. Sys., 765 S.W.2d 357 (Mo. Ct. App. 1989). “On July 1, 1981, those employees became state employees under the authority of § 483.245. 1 The state assumed the responsibility for paying salaries to those employees.”

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