☰ Revisor of Missouri


Chapter 478

Effective - 28 Aug 2013, 2 histories, see footnote (history) bottom

  478.320.  Associate circuit judges, authorized number — additional judge, when — population determination — election — restrictions on practice of law or paid public appointment — residency requirement. — 1. In counties having a population of thirty thousand or less, there shall be one associate circuit judge. In counties having a population of more than thirty thousand and less than one hundred thousand, there shall be two associate circuit judges. In counties having a population of one hundred thousand or more, there shall be three associate circuit judges and one additional associate circuit judge for each additional one hundred thousand inhabitants.

  2. When the office of state courts administrator indicates in an annual judicial* weighted workload model for three consecutive years or more the need for four or more full-time judicial positions in any judicial circuit having a population of one hundred thousand or more, there shall be one additional associate circuit judge position in such circuit for every four full-time judicial positions needed as indicated in the weighted workload model. In a multicounty circuit, the additional associate circuit judge positions shall be apportioned among the counties in the circuit on the basis of population, starting with the most populous county, then the next most populous county, and so forth.

  3. For purposes of this section, notwithstanding the provisions of section 1.100, population of a county shall be determined on the basis of the last previous decennial census of the United States; and, beginning after certification of the year 2000 decennial census, on the basis of annual population estimates prepared by the United States Bureau of the Census, provided that the number of associate circuit judge positions in a county shall be adjusted only after population estimates for three consecutive years indicate population change in the county to a level provided by subsection 1 of this section.

  4. Except in circuits where associate circuit judges are selected under the provisions of Sections 25(a) to (g) of Article V of the constitution, the election of associate circuit judges shall in all respects be conducted as other elections and the returns made as for other officers.

  5. In counties not subject to Sections 25(a) to (g) of Article V of the constitution, associate circuit judges shall be elected by the county at large.

  6. No associate circuit judge shall practice law, or do a law business, nor shall he or she accept, during his or her term of office, any public appointment for which he or she receives compensation for his or her services.

  7. No person shall be elected as an associate circuit judge unless he or she has resided in the county for which he or she is to be elected at least one year prior to the date of his or her election; provided that, a person who is appointed by the governor to fill a vacancy may file for election and be elected notwithstanding the provisions of this subsection.


(L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al., A.L. 1999 S.B. 1, et al., A.L. 2013 H.B. 374 & 434 merged with S.B. 100)

*Word “judicial” appears here in H.B. 374 & 434, 2013.

(2002) Subsection 6 residency requirement applies to year immediately prior to election.  Lewis v. Gibbons, 80 S.W.3d 461 (Mo.banc).

---- end of effective   28 Aug 2013 ----

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478.320 7/8/2014
478.320 8/28/2013 7/8/2014

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