SB 366 - This act repeals the authority of the presiding judge of the circuit court to have general administrative authority over all judicial personnel, including the authority to assign any judicial or court personnel anywhere in the circuit. Additionally, this act excludes any elected or appointed circuit clerks from the presiding circuit judge's general administrative authority. The presiding judge shall not be authorized to make an assignment of any administrative or supervisory role within the circuit clerk's office. Any such assignment shall be the obligation of the circuit clerk. Currently, circuit clerks do not have administrative control and responsibility of records in the probate division, records of pending cases presided over by an associate circuit judge, and records of the traffic violation bureaus. This act repeals this provision.
This act provides the circuit clerk with administrative control over deputy circuit clerks and division clerks. Under this act, deputy circuit clerks are considered as the general staff of the circuit clerk. Currently, division clerks are clerical staff of the circuit court and perform recordkeeping functions of the court for which the circuit clerk does not have general administrative control. This act provides that division clerks are the staff of the circuit clerk and perform those recordkeeping functions for which the clerk does have general administrative control. Furthermore, division clerks are deputy circuit clerks assigned to a specific courtroom or judge by the circuit clerk to perform duties and responsibilities for that specific division.
The circuit clerk, instead of the judge of the division, shall appoint and may remove the division clerks in addition to all deputy circuit clerks. Currently, the circuit court may remove a deputy circuit clerk or division clerk for cause. This act repeals this provision. Furthermore, the maximum number of deputy circuit clerks and division clerks are currently determined by order of the entire circuit court, which the Missouri Supreme Court may modify. This act repeals this provision. Finally, under this act, the circuit clerk shall establish the salary of the division clerks in addition to the deputy circuit clerks.
This act is similar to provisions in HCS/SS/SCS/SB 27 (2021), HCS/HB 807 (2021), SB 855 (2020), and HB 1945 (2020).
KATIE O'BRIEN