56.110. If interested in case, court to appoint substitute. — If the prosecuting attorney and assistant prosecuting attorney be interested or shall have been employed as counsel in any case where such employment is inconsistent with the duties of his or her office, or shall be related to the defendant in any criminal prosecution, either by blood or by marriage, the court having criminal jurisdiction may appoint some other attorney to prosecute or defend the cause. Such special prosecutor shall not otherwise represent a party other than the state of Missouri in any criminal case or proceeding in that circuit for the duration of that appointment and shall be considered an appointed prosecutor for purposes of section 56.360.
Notes of Decisions
State ex rel. Peters-Baker v. Round, 561 S.W.3d 380 (Mo. 2018).
· cites it 13× “110, RSMo 2016, which provides, "If the prosecuting attorney and assistant prosecuting attorney be interested or shall have been employed as counsel in any case where such employment is inconsistent with the duties of his or her office, ... the court having criminal jurisdiction…”
State v. Swartz, 517 S.W.3d 40 (Mo. Ct. App. 2017).
· cites it 10× “The prosecutor who tried Swartz’s case was not an assistant prosecuting attorney but a special prosecutor appointed by the trial court pursuant to the trial court’s inherent authority and statutory authority, under section 56.110, to do the same. Section 56.”
State v. Holt, 603 S.W.2d 698 (Mo. Ct. App. 1980).
· cites it 8× “Section 56.110, RSMo 1978, on which defendant relies, in part states: "If the prosecuting attorney .”
McArthur v. State, 428 S.W.3d 774 (Mo. Ct. App. 2014).
· cites it 9× “The motion court denied Movant’s claim, finding that: (1) the facts of the case were insufficient to warrant disqualification of the JCPAO under Section 56.110; and (2) trial counsel provided “valid, strategic reasons” for declining to seek disqualification of the JCPAO.”
State v. Fleer, 851 S.W.2d 582 (Mo. Ct. App. 1993).
· cites it 5× “Section 56.110, RSMo.1986, addresses the disqualification of a prosecutor.”
State v. Eckelkamp, 133 S.W.3d 72 (Mo. Ct. App. 2004).
· cites it 6× “Section 56.110 1 provides in relevant part that a court may appoint a special prosecutor if: the prosecuting attorney and assistant prosecuting attorney be interested or shall have been employed as counsel in any case where such employment is inconsistent with the duties of his…”
State v. Harrington, 534 S.W.2d 44 (Mo. 1976).
· cites it 4× “Provision is found for the court to appoint an attorney to prosecute if the prosecuting attorney is disqualified [§ 56.110, RSMo 1969] or sick [§ 56.120, RSMo 1969] and to fix the fee of such appointees, taxable as costs [§ 56.”
State v. Ross, 829 S.W.2d 948 (Mo. 1992).
· cites it 4× “On this record, there is not sufficient evidence to rebut the presumption of prejudice. Appellant alleges that he was "chilled" from testifying by the potential conflict.”
Curtis v. Tozer, 374 S.W.2d 557 (Mo. Ct. App. 1964).
· cites it 6× “and the statutes of the State of Missouri, particularly Section 56.110 RSMo 1959, V.A.M.S. In support of this allegation these petitioners contend that the aforementioned Wayne L.”
State v. Fears, 803 S.W.2d 605 (Mo. 1991).
· cites it 3× “Missouri statutes provide two means of appointing special prosecutors: under section 56.110, RSMo 1986, due to a prosecutor’s conflict of interest, or under section 27.”
State ex inf. Fuchs v. Foote, 903 S.W.2d 535 (Mo. 1995).
· cites it 8× “Foote contends that Laster’s application did not comply with § 56.110, RSMo 1994, that sets out the statutory grounds for disqualification of a prosecutor.”
State v. McMikle, 673 S.W.2d 791 (Mo. Ct. App. 1984).
· cites it 4× “Fuchs) and the assistant prosecuting attorney under § 56.110, RSMo 1978, because Fuchs, from and after September 10, 1981, was employed as counsel for a judgment creditor trying to collect a foreign judgment against appellant.”
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