Mo. Rev. Stat. » Chapter 56
Missouri Revised Statutes

Mo. Rev. Stat. § 56.010 (2026)

Prosecuting attorney

✓ current as of May 2026
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  56.010.  Prosecuting attorney — election — qualifications. — At the general election to be held in this state in the year A.D. 1982, and every four years thereafter, there shall be elected in each county of this state a prosecuting attorney, who shall be a person learned in the law, duly licensed to practice as an attorney at law in this state, and enrolled as such, at least twenty-one years of age, and who has been a bona fide resident of the county in which he seeks election for twelve months next preceding the date of the general election at which he is a candidate for such office and shall hold his office for four years, and until his successor is elected, commissioned and qualified.

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(RSMo 1939 § 12934, A.L. 1967 p. 130, A.L. 1971 S.B. 13, A.L. 1982 S.B. 478)

Prior revisions: 1929 § 11309; 1919 § 729; 1909 § 1000

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1953–2025 · leading case: Lewis v. Gibbons, 80 S.W.3d 461 (Mo. 2002).
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Lewis v. Gibbons, 80 S.W.3d 461 (Mo. 2002). · cites it 8× “060 (county auditor shall have resided "within the county for which he is elected or appointed for three months immediately preceding the election or his appointment"); section 56.010 (prosecuting attorney shall have been a "bona fide resident of the county in which he seeks…”
State v. Harrington, 534 S.W.2d 44 (Mo. 1976). · cites it 4× “The Legislature of this State long ago enacted statutes which spell out the qualifications for public prosecutor [§ 56.010, RSMo 1969] and mandatorily direct that the prosecuting attorney "shall commence and prosecute" the criminal actions in his county [§ 56.”
State ex rel. Stevenson v. Kirkpatrick, 536 S.W.2d 740 (Mo. 1976). · cites it 9× “The controlling statute is § 56.010, RSMo Supp. 1973. It reads as follows: *741 “At the general election to be held in this state in the year A.”
United States v. Cantrell, 530 F.3d 684 (8th Cir. 2008). “Under Mo.Rev.Stat. § 56.010(2): “Inhabitable structure” includes a ship, trailer, sleeping car, airplane, or other vehicle or structure: (a) Where any person lives or carries on business or other calling; or (b) Where people assemble for purposes of business, government,…”
State Ex Rel. Griffin v. Smith, 258 S.W.2d 590 (Mo. 1953). “in a larger sense; but he is not a mere lackey of the court nor are his conclusions in the discharge of his official duties and responsibilities, in anywise subservient to the views of the judge as to the handling of the State’s cases.”
State v. Van Black, 715 S.W.2d 568 (Mo. Ct. App. 1986). · cites it 2× “The voters of the county select the prosecuting attorney, § 56.010, RSMo Cum. Supp.1982, and the General Assembly sets his compensation.”
Joshua Edward Hedgecorth v. John I. Jones, IV (Mo. Ct. App. 2022). · cites it 6× “not reside in Washington County for at least one year before the November 8, 2022 general election as required by section 56.010 was against the weight of the evidence; and (3) the trial court erred by failing to dismiss Hedgecorth’s petition because section 115.”
State of Missouri v. St. Louis Cnty., Missouri (Mo. Ct. App. 2025). · cites it 2× “Section 56.010 provides that an elected prosecuting attorney shall remain in office “until his successor is elected, commissioned and qualified.”
Faria v. McCarrick (E.D. Mo. 2019). “Faria notes that the county prosecutor position was created by Missouri Revised Statute § 56.010, that prosecutors are elected by the county’s voters pursuant to that same statute, and that the county pays their salary, all of which establish that they are county employees.”
Mo. Rev. Stat. § 56.010(2): 1 case
United States v. Cantrell, 530 F.3d 684 (8th Cir. 2008). “Under Mo.Rev.Stat. § 56.010(2): “Inhabitable structure” includes a ship, trailer, sleeping car, airplane, or other vehicle or structure: (a) Where any person lives or carries on business or other calling; or (b) Where people assemble for purposes of business, government,…”
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