Rule 121.03 – Procedure Upon Recusal or Change of Judicial Officer

May 13, 2021 | Family Law, Missouri

a. A judicial officer recused under Rule 121.01 or sustaining an application under Rule 121.02 shall notify immediately the administrative judge of the family court, who, unless he or she is recused under Rule 121.01 or has sustained an application under Rule 121.02, shall assign immediately another judicial officer of the circuit who is not recused under Rule 121.01 or has not sustained an application under Rule 121.02.
b. If the administrative judge of the family court is recused under Rule 121.01 or has sustained an application under Rule 121.02, a judicial officer who is not recused under Rule 121.01 or has not sustained an application under Rule 121.02 shall notify immediately the presiding judge, who, unless he or she is recused under Rule 121.01 or has sustained an application under Rule 121.02, shall assign immediately another judicial officer of the circuit who is not recused under Rule 121.01 or has not sustained an application under Rule 121.02 or request this Court to transfer a judge.
c. In the absence of a family court, a judicial officer who is recused under Rule 121.01 or has sustained an application under Rule 121.02 shall notify immediately the presiding judge, who, unless he or she is recused under Rule 121.01 or has sustained an application under Rule 121.02, shall assign immediately another judge of the circuit who is not recused under Rule 121.01 or has not sustained an application under Rule 121.02 or request this Court to transfer a judge.
d. If the presiding judge is recused under Rule 121.01 or has sustained an application under Rule 121.02, a judge of the circuit shall be assigned in accordance with local court rule, so long as the local court rule does not permit a judge who is recused under Rule 121.01 or has sustained an application under Rule 121.02 to assign a successor judge, or the presiding judge shall request this Court to transfer a judge.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 121.03

Adopted May 20, 2009, eff. Jan. 1, 2010.