Bill Text: MO HB1848 | 2012 | Regular Session | Introduced
Bill Title: Repeals the provisions regarding judges in the existing eastern, southern, and western circuits and replaces them with first, second, and third appellate judicial districts based on legislative districts
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-21 - Public Hearing Completed (H) [HB1848 Detail]
Download: Missouri-2012-HB1848-Introduced.html
SECOND REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WEBB.
4632L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 477.040, 477.050, 477.060, 477.070, 477.152, 477.160, 477.170, 477.180, 477.181, 477.190, 477.191, and 477.220, RSMo, and to enact in lieu thereof seven new sections relating to court of appeals.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 477.040, 477.050, 477.060, 477.070, 477.152, 477.160, 477.170, 477.180, 477.181, 477.190, 477.191, and 477.220, RSMo, are repealed and seven new sections enacted in lieu thereof, to be known as sections 477.040, 477.050, 477.060, 477.070, 477.160, 477.170, and 477.180, to read as follows:
477.040. The court of appeals shall consist of three districts to be known as the [eastern, southern and western] first, second, and third districts.
477.050. The jurisdiction of the [eastern] first district of the court of appeals shall be coextensive with [the counties of Monroe, Shelby, Knox, Scotland, Clark, Lewis, Marion, Ralls, Pike, Lincoln, Montgomery, Warren, St. Charles, St. Louis, Jefferson, Ste. Genevieve, Perry, Cape Girardeau, Madison, St. Francois, Washington, Franklin, Audrain, Gasconade, Osage and the city of St. Louis] districts one through fifty-five of the Missouri house of representatives.
477.060. The jurisdiction of the [southern] second district of the court of appeals shall be coextensive with [the counties of Barry, Barton, Butler, Camden, Cedar, Carter, Christian, Dade, Dallas, Douglas, Greene, Howell, Hickory, Jasper, Laclede, Lawrence, McDonald, Newton, Ozark, Oregon, Polk, Pulaski, Phelps, Ripley, St. Clair, Shannon, Stone, Texas, Taney, Webster, Wright, Dent, Crawford, Maries, Reynolds, Iron, Wayne, Bollinger, Scott, Stoddard, Dunklin, Pemiscot, New Madrid and Mississippi] districts fifty-six through one hundred nine of the Missouri house of representatives.
477.070. The jurisdiction of the [western] third district of the court of appeals shall be coextensive with [all the counties in the state except those embraced in the jurisdiction of the eastern and the southern districts of the court of appeals] districts one hundred ten through one hundred sixty-three of the Missouri house of representatives.
477.160. There shall be [twelve] eleven judges of the [eastern] first district of the court of appeals.
477.170. There shall be [seven] eleven judges of the [western] second district of the court of appeals.
477.180. There shall be [five] ten judges of the [southern] third district of the court of appeals.
[477.152. Whenever a vacancy occurs after September 3, 1970, in the office of commissioner of the supreme court, a judge shall be appointed in the manner prescribed by sections 25(a)-(g), article V of the Constitution of Missouri to serve on the court of appeals. Appointments under this section shall be made to the districts of the court of appeals in the following order: eastern, western, southern, eastern, western, eastern.]
[477.181. 1. On July 1, 1979, the number of judges of the southern district of the court of appeals shall be increased by one judge.
2. The judge appointed pursuant to the provisions of this section shall be in addition to any other judges appointed to the southern district of the court of appeals pursuant to other provisions of law.]
[477.190. The judgeships authorized by sections 477.160, 477.170 and 477.180 shall be in addition to those newly authorized after January 1, 1978, by the provisions of section 477.152 or by any other law enacted at or after the second regular session of the seventy-ninth general assembly.]
[477.191. 1. On January 1, 1979, the western district of the Missouri court of appeals shall be increased by three judges.
2. The judges appointed pursuant to the provisions of this section shall be in addition to any other judges appointed to the western district of the Missouri court of appeals under the provisions of any other law.]
[477.220. There shall be held in each year two sessions of the southern district of the court of appeals at Springfield, Missouri, at times fixed by the district. And the district shall hold two sessions at Poplar Bluff, in Butler county, to hear arguments, have cases submitted and hear and decide motions, the district having previously determined by order, which may be changed at the pleasure of the district, the time of such sittings and from what counties cases may be heard at that place; provided, that, except by different stipulation of the parties, all cases from the following mentioned counties shall be heard at Poplar Bluff, viz: Butler, Carter, Ripley, Reynolds, Iron, Wayne, Bollinger, Scott, Stoddard, Dunklin, Pemiscot, New Madrid, Crawford, Dent, Shannon, Oregon and Mississippi. The district is hereby authorized to provide suitable quarters at Poplar Bluff for that purpose, to be paid for as other expenses of the district are paid. Each of the judges of the district shall be allowed and paid his actual expenses incident to attending and holding court at Poplar Bluff, which shall be paid as the salaries of the judges are now paid.]
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