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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NOS. 2968, 2427 & 3086
103RD GENERAL ASSEMBL Y
6731H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 478.370, 478.385, 478.387, 478.463, 478.527, 478.550, 478.570, 478.600,
478.630, 478.700, 478.705, 478.715, 478.730, 478.750, and 487.020, RSMo, and to
enact in lieu thereof fifteen new sections relating to certain judicial circuits.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 478.370, 478.385, 478.387, 478.463, 478.527, 478.550, 478.570,
2 478.600, 478.630, 478.700, 478.705, 478.715, 478.730, 478.750, and 487.020, RSMo, are
3 repealed and fifteen new sections enacted in lieu thereof, to be known as sections 478.370,
4 478.385, 478.387, 478.463, 478.527, 478.550, 478.570, 478.600, 478.630, 478.700, 478.705,
5 478.715, 478.730, 478.750, and 487.020, to read as follows:
478.370. 1. There shall be four circuit judges in the fifth judicial circuit [ consisting of
2 the counties of Buchanan and Andrew ]. These judges shall sit in divisions numbered one,
3 two, three and four .
4 2. The circuit judge in division two shall be elected in 1980. The circuit judges in
5 divisions one, three and four shall be elected in 1982.
478.385. There shall be four circuit judges in the seventh judicial circuit [ consisting
2 of the county of Clay ]. Beginning fiscal year 2028, ther e shall be five circu it judges in the
3 seventh judicial cir cuit.
478.387. There shall be twenty-four circuit judges in the twenty-second judicial
2 circuit [ consisting of the city of St. Louis ].
478.463. There shall be nineteen circuit judges in the sixteenth judicial circuit
2 [ consisting of the county of Jackson ]. These judges shall sit in nineteen divisions. Divisions
3 one, three, four , six, seven, eight, nine, ten, eleven, thirteen, fourteen, fifteen, and eighteen
4 shall sit at the city of Kansas City and divisions two, five, twelve, sixteen, and seventeen shall
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
5 sit at the city of Independence. Division nineteen shall sit at both the city of Kansas City and
6 the city of Independence. Notwithstanding the foregoing provisions, the judge of the probate
7 division shall sit at both the city of Kansas City and the city of Independence.
478.527. 1. There shall be three circuit judges in the twenty-ninth judicial circuit
2 [ consisting of the county of Jasper ]. These judges shall sit in divisions numbered one, two
3 and three.
4 2. The circuit judge of division two shall be elected in 1980. The circuit judges of
5 divisions one and three shall be elected in 1982.
478.550. 1. There shall be four circuit judges in the twenty-third judicial circuit
2 [ consisting of the county of Jef ferson ]. These judges shall sit in divisions numbered one, two,
3 three and four . Beginning on January 1, 2007, there shall be six circuit judges in the twenty-
4 third judicial district and these judges shall sit in divisions numbered one, two, three, four ,
5 five, and six. The division eleven associate circuit judge position and the division twelve
6 associate circuit judge shall become circuit judge positions beginning January 1, 2007. The
7 division eleven associate circuit judge shall be numbered as division five and the division
8 twelve associate circuit judge shall be numbered as division six.
9 2. The circuit judge in division three shall be elected in 1980. The circuit judges in
10 divisions one and four shall be elected in 1982. The circuit judge in division two shall be
11 elected in 1984. The circuit judges in divisions five and six shall be elected for a six-year
12 term in 2006.
13 3. Beginning January 1, 2007, the family court commissioner position in the twenty-
14 third judicial district appointed under section 487.020 shall become an associate circuit judge
15 position in all respects and shall be designated as division eleven. This position may retain
16 the duties and responsibilities with regard to the family court. The associate circuit judge in
17 division eleven shall be elected in 2006 for a full four -year term. This associate circuit
18 judgeship shall not be included in the statutory formula for authorizing additional associate
19 circuit judgeships per county under section 478.320.
20 4. Beginning January 1, 2007, the treatment court commissioner position in the
21 twenty-third judicial district appointed under section 478.003 shall become an associate
22 circuit judge position in all respects and shall be designated as division twelve. This position
23 may retain the duties and responsibilities with regard to the treatment court. The associate
24 circuit judge in division twelve shall be elected in 2006 for a full four -year term. This
25 associate circuit judgeship shall not be included in the statutory formula for authorizing
26 additional associate circuit judgeships per county under section 478.320.
27 5. Beginning fiscal year 2028, ther e shall be one additional associate cir cuit
28 judgeship in the twenty-third judicial cir cuit. This associate cir cuit judgeship shall not
29 be included in the statutory formula for authorizing additional associate cir cuit
HCS HBs 2968, 2427 & 3086 2
30 judgeships per county under section 478.320. The governor shall appoint such judge,
31 and that judge shall serve until January 1, 2029. An associate cir cuit judge shall be
32 elected in 2028 and every four years ther eafter .
478.570. 1. There shall be two circuit judges in the seventeenth judicial circuit
2 [ consisting of the counties of Cass and Johnson ]. These judges shall sit in divisions
3 numbered one and two.
4 2. The circuit judge in division two shall be elected in 1980. The circuit judge in
5 division one shall be elected in 1982.
6 3. Beginning on January 1, 2006, there shall be one additional associate circuit judge
7 position in Cass County than is provided under section 478.320.
478.600. 1. There shall be four circuit judges in the eleventh judicial circuit. These
2 judges shall sit in divisions numbered one, two, three and four . Beginning on January 1,
3 2007, there shall be six circuit judges in the eleventh judicial circuit and these judges shall sit
4 in divisions numbered one, two, three, four , five, and seven. The division five associate
5 circuit judge position and the division seven associate circuit judge position shall become
6 circuit judge positions beginning January 1, 2007, and shall be numbered as divisions five and
7 seven. Beginning January 1, 2029, ther e shall be seven cir cuit judges in the eleventh
8 judicial circu it and these judges shall sit in divisions number ed one, two, thr ee, four ,
9 five, seven, and seventeen.
10 2. The circuit judge in division two shall be elected in 1980. The circuit judge in
11 division four shall be elected in 1982. The circuit judge in division one shall be elected in
12 1984. The circuit judge in division three shall be elected in 1992. The circuit judges in
13 divisions five and seven shall be elected for a six-year term in 2006. The cir cuit judge in
14 division seventeen shall be elected in 2028 for a two-year term and ther eafter in 2030 for
15 a six-year term and every six years ther eafter .
16 3. Beginning January 1, 2007, the family court commissioner positions in the
17 eleventh judicial circuit appointed under section 487.020 shall become associate circuit judge
18 positions in all respects and shall be designated as divisions nine and ten respectively . These
19 positions may retain the duties and responsibilities with regard to the family court. The
20 associate circuit judges in divisions nine and ten shall be elected in 2006 for full four -year
21 terms.
22 4. Beginning on January 1, 2007, the treatment court commissioner position in the
23 eleventh judicial circuit appointed under section 478.003 shall become an associate circuit
24 judge position in all respects. Such associate circuit judge shall be elected in 2006 for a full
25 four -year term. This associate circuit judgeship shall not be included in the statutory formula
26 for authorizing additional associate circuit judgeships per county under section 478.320.
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27 5. Beginning in fiscal year 2015, there shall be one additional associate circuit judge
28 position in the eleventh judicial circuit. The associate circuit judge shall be elected in 2016.
29 This associate circuit judgeship shall not be included in the statutory formula for authorizing
30 additional circuit judgeships per county under section 478.320. Beginning in fiscal year
31 2019, there shall be one additional associate circuit judge position in the eleventh judicial
32 circuit. The associate circuit judge shall be elected in 2020. This associate circuit judgeship
33 shall not be included in the statutory formula for authorizing additional circuit judgeships per
34 county under section 478.320. Beginning fiscal year 2028, ther e shall be two additional
35 associate circui t judge positions in the eleventh judicial circ uit. The associate cir cuit
36 judges shall be elected in 2028. These associate circu it judgeships shall not be included
37 in the statutory formula for authorizing additional circu it judgeships per county under
38 section 478.320.
478.630. 1. There shall be two circuit judges in the twentieth judicial circuit
2 [ consisting of the counties of Franklin, Gasconade and Osage ]. These judges shall sit in
3 divisions numbered one and two.
4 2. The circuit judge in division two shall be elected in 1980. The circuit judge in
5 division one shall be elected in 1982.
6 3. Beginning fiscal year 2028, ther e shall be an additional associate cir cuit
7 judgeship in Franklin County . This associate circ uit judgeship shall not be included in
8 the statutory formula for authorizing additional associate circ uit judges per county as
9 pr ovided under section 478.320. The governor shall appoint such judge, and that judge
10 shall serve until January 1, 2029. An associate circu it judge shall be elected in 2028 and
11 every four years ther eafter .
478.700. 1. There shall be [ two ] thr ee circuit judges in the twenty-fifth judicial
2 circuit [ consisting of the counties of Maries, Phelps, Pulaski and T exas ]. These judges shall
3 sit in divisions numbered one [ and ] , two , and thr ee . These judgeships shall include the
4 cir cuit judgeship creat ed in fiscal year 2026 pursuant to section 478.330.
5 2. The circuit judge in division two shall be elected in 1980. The circuit judge in
6 division one shall be elected in 1982. The cir cuit judge appointed by the governor in 2025
7 for division thr ee shall serve until January 1, 2029. A circu it judge for division thr ee
8 shall be elected in 2028 for a four -year term and in 2032 for a full six-year term and
9 every six years ther eafter .
478.705. 1. There shall be three circuit judges in the twenty-sixth judicial circuit
2 [ consisting of the counties of Camden, Laclede, Miller , Moniteau and Mor gan ]. These judges
3 shall sit in divisions numbered one, two, and three.
4 2. The circuit judge in division two shall be elected in 1980. The circuit judge in
5 division one shall be elected in 1982. The governor shall appoint a judge for division three
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6 and notwithstanding the provisions of section 105.030, that judge shall serve until January 1,
7 2021. A judge for division three shall be elected in 2020.
8 3. Beginning fiscal year 2028, ther e shall be one additional associate cir cuit
9 judgeship in Miller County . This associate cir cuit judgeship shall not be included in the
10 statutory formula for authorizing additional associate circu it judges per county as
11 pr ovided under section 478.320. The governor shall appoint such judge, and that judge
12 shall serve until January 1, 2029. An associate circu it judge shall be elected in 2028 and
13 every four years ther eafter .
478.715. 1. There shall be two circuit judges in the forty-second judicial circuit
2 [ consisting of the counties of Crawford, Dent, Iron, Reynolds and W ayne ]. These judges
3 shall sit in divisions numbered one and two.
4 2. The circuit judge in division one shall be elected in 1982. The circuit judge in
5 division two shall be elected in 1984.
478.730. There shall be one circuit judge in the forty-fourth judicial circuit
2 [ consisting of the counties of Douglas, Ozark, and W right ]. The first judge to sit in this
3 circuit shall be appointed by the governor on January 1, 1982, and shall serve until his
4 successor is duly elected in 1982 and takes of fice on the first Monday in January of 1983.
478.750. 1. As of January 1, 1983, there shall be two circuit judges in the forty-third
2 judicial circuit [ consisting of the counties of Clinton, Caldwell, Daviess, Livingston, and
3 DeKalb ]. These judges shall sit in divisions numbered one and two.
4 2. A circuit judge shall be elected for each division in 1982. Candidates for the of fice
5 of circuit judge shall file by division.
487.020. 1. In each circuit or a county having a family court, a majority of the circuit
2 and associate circuit judges en banc, in the circuit, may appoint commissioners, subject to
3 appropriations, to hear family court cases and make findings as provided for in sections
4 487.010 to 487.190. Any person serving as a commissioner of the juvenile division of the
5 circuit court on August 28, 1993, shall become a commissioner of the family court. In each
6 circuit or a county therein having a family court, a majority of the circuit and associate circuit
7 judges en banc may appoint, in addition to those commissioners serving as commissioners of
8 the juvenile division and becoming commissioners of the family court pursuant to the
9 provisions of sections 487.020 to 487.040, no more than three additional commissioners to
10 hear family court cases and make findings and recommendations as provided in sections
11 487.010 to 487.190. The number of additional commissioners added as a result of the
12 provisions of sections 487.010 to 487.190 may be appointed only to the extent that the state is
13 reimbursed for the salaries of the commissioners as provided in sections 487.010 to 487.190
14 or by federal or county funds or by gifts or grants made for such purposes. A commissioner
15 shall be appointed for a term of four years. Commissioners appointed pursuant to sections
HCS HBs 2968, 2427 & 3086 5
16 487.020 to 487.040 shall serve in addition to circuit judges, associate circuit court judges and
17 commissioners authorized to hear actions classified under section 487.080.
18 2. The circuit courts in the seventh judicial cir cuit, the eleventh judicial circuit, the
19 thirteenth judicial circuit, and the thirty-first judicial circuit may , in substitution of each
20 family court commissioner currently appointed pursuant to this section whose salary is
21 reimbursable, appoint a family court commissioner whose compensation shall be payable by
22 the state without necessity of reimbursement. The provisions of this subsection shall not be
23 construed to allow appointment of a family court commissioner in the eleventh judicial circuit
24 in addition to the number of such family court commissioners holding of fice in the eleventh
25 judicial circuit as of January 1, 1999. The provisions of this subsection shall not be construed
26 to allow appointment of a family court commissioner in the thirteenth judicial circuit or the
27 thirty-first judicial circuit in addition to the number of such family court commissioners
28 holding of fice in such circuits as of January 1, 2013. The pr ovisions of this subsection shall
29 not be construed to allow appointment of a family court commissioner in the seventh
30 judicial circui t in addition to the number of such family court commissioners holding
31 office in the seventh judicial circu it as of January 1, 2027. The appointment of the state-
32 paid commissioner shall be subject to appropriations for such purpose.
33 3. Each commissioner of the family court shall possess the same qualifications as a
34 circuit judge. The compensation and retirement benefits of each commissioner shall be the
35 same as that of an associate circuit judge, payable in the same manner and from the same
36 source as that of an associate circuit judge.
✔
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