Section V Section 15

Chapter 5

Effective - 02 Sep 1976, see footnote   

  V Section 15.  Judicial circuits — establishment and changes — general terms and divisions — judges — presiding judge — court personnel. — 1.  The state shall be divided into convenient circuits of contiguous counties.  In each circuit there shall be at least one circuit judge.  The circuits may be changed or abolished by law as public convenience and the administration of justice may require, but no judge shall be removed from office during his term by reason of alteration of the geographical boundaries of a circuit.  Any circuit or associate circuit judge may temporarily sit in any other circuit at the request of a judge thereof.  In circuits having more than one judge, the court may sit in general term or in divisions.  The circuit judges of the circuit may make rules for the circuit not inconsistent with the rules of the supreme court.

  2.  Each circuit shall have such number of circuit judges as provided by law.

  3.  The circuit and associate circuit judges in each circuit shall select by secret ballot a circuit judge from their number to serve as presiding judge.  The presiding judge shall have general administrative authority over the court and its divisions.

  4.  Personnel to aid in the business of the circuit court shall be selected as provided by law or in accordance with a governmental charter of a political subdivision of this state.  Where there is a separate probate division of the circuit court, the judge of the probate division shall, until otherwise provided by law, appoint a clerk and other nonjudicial personnel for the probate division.

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Source: Const. of 1875, Art. VI, §§ 24, 27, 28, 29 (Amended August 3, 1976).

(1952) Judge disqualified by application for change of venue (judge) may call in another judge to hear the case and is not precluded from doing so by §§ 508.110 and 508.140, because of § 15, Art. V of the constitution. Hayes v. Hayes, 363 Mo. 583, 252 S.W.2d 323.

(1953) The provision of § 15, Art. V of the constitution authorizing a circuit judge to sit in another circuit at the request of the judge thereof is self-enforcing and § 478.060, RSMo, has nothing to do with it. Cantrell v. City of Caruthersville, 363 Mo. 988, 255 S.W.2d 785.

(1953) Where circuit judge was party to suit, he had no authority to disqualify himself and award a change of venue therein under § 508.100. He should have disqualified and requested the Supreme Court to transfer a judge to try the case under §§ 6 and 15, Art. V of the Constitution. Pogue v. Swink, 364 Mo. 306, 261 S.W.2d 40.

(1954) Motion for change of venue based on disqualificaiton of judge did not divest circuit court of given county of jurisdiction, but judge sitting in such court at request of disqualified judge was empowered to conduct the trial. Adair County v. Urban, 364 Mo. 746, 268 S.W.2d 801.

(1954) Sections 6 and 15 of Article V superseded §§ 508.090, 508.100 and 508.140, RSMo, insofar as they provided for a change of venue on disqualification of a judge. State ex rel. Creamer v. Blair, 364 Mo. 927, 270 S.W.2d 1.