545.660. When judge deemed incompetent to try case. — When any indictment or criminal prosecution shall be pending in any circuit court or criminal court, the judge of said court shall be deemed incompetent to hear and try said cause in either of the following cases:
(1) When the judge of the court in which said case is pending is near of kin to the defendant by blood or marriage; or
(2) When the offense charged is alleged to have been committed against the person or property of such judge, or some person near of kin to him by blood or marriage; or
(3) When the judge is in any wise interested or prejudiced, or shall have been counsel in the cause; or
(4) When the defendant shall make and file an affidavit, supported by the affidavit of at least two reputable persons, not of kin to or counsel for the defendant, that the judge of the court in which said cause is pending will not afford him a fair trial.
Notes of Decisions
Cited in
20
cases, 1951–2007 · leading case:
State v. Hornbuckle, 746 S.W.2d 580 (Mo. Ct. App. 1988).
State v. Hornbuckle, 746 S.W.2d 580 (Mo. Ct. App. 1988).
· cites it 21× “09 & Section 545.660, RSMo. The allegations in said motion can also be treated as a request for change of judge that meets the requirement of Supreme Court Rule 32.”
State v. Cella, 976 S.W.2d 543 (Mo. Ct. App. 1998).
· cites it 14× “10 or Section 545.660 as a motion for recusal under Rule 32.”
State v. Lue, 598 S.W.2d 133 (Mo. 1980).
· cites it 5× “The right to disqualify a judge by reason of his alleged interest or prejudice is established in § 545.660, RSMo, 2 and supplemented by Supreme Count Rule 30.”
State v. Bibbs, 634 S.W.2d 499 (Mo. Ct. App. 1982).
· cites it 8× “12 controls over § 545.660 RSMo 1978. We disagree. At the time of the proceedings pertinent to Sullivan, supra, Rule 30.”
State v. Fortner, 84 S.W.3d 507 (Mo. Ct. App. 2002).
· cites it 6× “Section 545.660 RSMo 1994, provides: When any indictment or criminal prosecution shall be pending in any circuit court or criminal court, the judge of said court shall be deemed incompetent to hear and try said cause when the judge is in any wise interested or prejudiced, or…”
State v. Adams, 229 S.W.3d 175 (Mo. Ct. App. 2007).
· cites it 4× “On June 21, 2002, Appellant filed a motion entitled “Notice and Affidavit [Judge Jacobs] Deemed Incompetent to Hear and Try This Case” pursuant to section 545.660, 4 in which he alleged, inter alia, that Judge Jacobs was “preventing [him] from exercising rights secured by the…”
State v. Sullivan, 486 S.W.2d 474 (Mo. 1972).
· cites it 6× “The state further contends that the affidavit was not supported by the affidavits of two reputable persons as required by § 545.660, RSMo 1969, V.A.M.S. At the time the defendant’s affidavit for disqualification was filed, this case was set for trial some 23 days hence.”
Osborne v. Purdome, 244 S.W.2d 1005 (Mo. 1951).
· cites it 3× “The contention that petitioners were denied a trial before an impartial judge is predicated upon two grounds: (a) that the pleadings admit Judge Hunt was not impartial, and (b) that by the filing in the circuit court of an affidavit of each of petitioners, supported by…”
State v. Foster, 854 S.W.2d 1 (Mo. Ct. App. 1993).
· cites it 2× “Section 545.660 addresses the issue of a judge being deemed incompetent to hear and try a case if he is “near of kin to the defendant by blood or marriage.”
State v. Selle, 367 S.W.2d 522 (Mo. 1963).
· cites it 2× “On June 12, 1961, the cause was transferred to the Circuit Court of Carroll County pursuant to written stipulation signed by the prosecuting attorney, defendant and his attorney.”
State v. Revelle, 957 S.W.2d 428 (Mo. Ct. App. 1997).
· cites it 2× “We do not comment on the propriety of Defendant's moving to disqualify the judge after remand under the provisions of § 545.660. For the reason this Court cannot know what specific evidence will be offered at the new trial, Defendant's other points relied on need not be…”
State ex rel. Hutson v. McHaney, 629 S.W.2d 645 (Mo. Ct. App. 1982).
· cites it 12× “The pertinent statutes specifying the reasons for disqualification of a judge and the mechanics for obtaining a change of judge in a criminal case in the circuit court were § 545.660 and § 545.670, RSMo 1949. 2 Section 545.”
Mo. Rev. Stat. § 545.660(2): 1 case
State v. Hornbuckle, 746 S.W.2d 580 (Mo. Ct. App. 1988).
“09 & Section 545.660, RSMo. The allegations in said motion can also be treated as a request for change of judge that meets the requirement of Supreme Court Rule 32.”
Mo. Rev. Stat. § 545.660(3): 3 cases
State v. Cella, 976 S.W.2d 543 (Mo. Ct. App. 1998).
“10 or Section 545.660 as a motion for recusal under Rule 32.”
State v. Hornbuckle, 746 S.W.2d 580 (Mo. Ct. App. 1988).
“09 & Section 545.660, RSMo. The allegations in said motion can also be treated as a request for change of judge that meets the requirement of Supreme Court Rule 32.”
State v. Fortner, 84 S.W.3d 507 (Mo. Ct. App. 2002).
“Section 545.660 RSMo 1994, provides: When any indictment or criminal prosecution shall be pending in any circuit court or criminal court, the judge of said court shall be deemed incompetent to hear and try said cause when the judge is in any wise interested or prejudiced, or…”
Mo. Rev. Stat. § 545.660(4): 1 case
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