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Chapter 476

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  476.458.  Probate and magistrate judges shall retire, age, exception — may petition to serve beyond retirement age, when petition to be granted — elected judges to complete term. — 1.  Except as otherwise provided in this section, or by any other law, magistrate judges, probate judges, and probate ex officio magistrate judges shall retire at the age of seventy years and may participate, if otherwise eligible, in the retirement plan established by sections 476.515 to 476.570, except that, the provisions of sections 476.458, 478.015, 478.021, 478.071, 478.072, 482.040, 482.090, 482.230, 482.300 to 482.365 and 483.497 shall not prevent any person holding the office of magistrate judge, probate judge or probate ex officio magistrate judge, or any person elected or appointed to the office of magistrate judge, probate judge or probate ex officio magistrate judge from holding office during the remainder of the term to which he was elected or appointed.

  2.  Any magistrate judge, probate judge not under the nonpartisan court plan, or probate ex officio magistrate judge who on August 13, 1976, or within six months thereafter, is seventy years of age or older, may petition the commission on retirement, removal and discipline to continue to serve until age seventy-six if he has not completed a total of twelve years of service as a judge.  Except as otherwise provided by any other law, any magistrate judge, probate judge not under the nonpartisan court plan, or probate ex officio magistrate judge, who is in office on August 13, 1976, may, within six months before attaining the age of seventy years, petition the commission on retirement, removal, and discipline to be allowed to serve after he has attained that age until age seventy-six or has completed a total of twelve years of service as a judge, whichever shall occur first.  If the commission finds the petitioner to be able to perform his duties and approves such service, the petitioner may continue to serve as such a judge until age seventy-six if he has not completed a total of twelve years of service as a judge at such age.  No person shall be permitted to serve as such a judge beyond the age of seventy-six years regardless of whether or not he has completed a total of twelve years except for the purpose of completing the term to which he was elected or appointed, as provided in subsection 1 of this section.

  3.  Any magistrate, regardless of age elected in 1976 to fill an unexpired term shall be permitted to complete that term.

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(L. 1976 H.B. 1317 & 1098 § 5)

(1978) Held, statute does not violate equal protection and due process. O'Neil v. Baine (Mo.), 568 S.W.2d 761.


---- end of effective   28 Aug 1976 ----

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