Section 478.255

Title XXXII COURTS

Chapter 478

Effective - 28 Aug 2005, 2 histories   

  478.255.  Disqualification of judge, reassignment procedure — applicability to probate judges. — 1.  When the presiding judge assigns an associate circuit judge to sit as a circuit judge in a particular case and, thereafter, the associate circuit judge is disqualified from hearing the case, the case shall be returned to the presiding judge for reassignment to another judge of the circuit court including the presiding judge himself should that be necessary in the discretion of the presiding judge.

  2.  When a presiding judge elects to hear and determine a case but subsequently is disqualified, such judge is disqualified for all purposes and the chief justice of the supreme court shall assign a competent judge to hear and determine the case, except as provided in subsection 3 of this section.

  3.  In any circuit, which has four circuit judges or less, when a presiding judge elects to hear and determine a case but subsequently is disqualified, such presiding judge may assign another judge within the circuit, qualified to hear the case, to hear and determine the case.  If there is no other judge within the circuit qualified to hear the case, the chief justice of the supreme court shall assign a competent judge to hear and determine the case.

  4.  The provisions of this section shall apply to disqualification of any judge in the probate division of a circuit court.

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(L. 1979 S.B. 431, A.L. 1982 S.B. 643, A.L. 1989 S.B. 127, et al., A.L. 2005 S.B. 420 & 344)