CIRCUIT COURT - CERTAIN COMMISSIONERS

Allows for appointment of a probate commissioner in Jefferson County. The commissioner will be paid the same amount as an associate circuit court judge. Section 478.018 RSMo sets the base salary for an associate circuit court judge at $69,713.

Changes sections regarding probate commissioners in St. Louis City, Jackson County, and St. Louis County to apply to judicial circuits instead of qualifying counties. The act also changes the salary to that of an associate circuit judge, except in Jackson county where it will remain at the same level as a circuit judge. Compensation for deputy probate commissioners will be an associate judge salary.

In St. Charles County, the Family Court Commissioner currently paid from county funds will now be paid by state funds.

TRIAL DE NOVO

Removes several instances of review of an associate court decision by trial de novo in a circuit court. The act does not eliminate all instances of trial de novo review. Current law allows for certain small claims and minor cases to be heard by an associate circuit judge. In many instances, a party may appeal from a decision of the associate judge to the circuit judge. The circuit court then reviews via a trial de novo, usually repeating aspects of the trial including: pleadings, motions, discovery, evidence, and argument.

Practically, this will increase the power of associate circuit judges. It will also decrease the workload of circuit judges. However, it is possible that the workload of the appellate courts will increase proportionately as the cases normally granted trial de novo review will not have that option.

The changes affect the following statutes: local property assessments (Chapter 138), certain food statutes (Chapter 196), debtor-creditor claims (Chapter 426), traffic cases in St. Louis county (Chapter 479), suits of unlawful detainer (Chapter 534), and landlord-tenant actions (Chapter 535). The effect of the act is delayed until January 1, 1999.

JUDGES

Provides for the appointment of five additional circuit court judges for St. Louis County. These judges will replace the first five vacant associate circuit judge positions occurring on or after August 28, 1998.

Clarifies the power of a presiding circuit judge to assign classes of cases to commissioners.

Allows senior judges to receive pay for each day of service equal to that of 50% of the current daily salary of the office from which they retired. This act caps the total yearly compensation earned by senior judges at the current annual salary of the office from which they retired. Current law caps the salary per day.

The change in language will not affect those senior judges who work enough days to receive the total current salary as the cap is still "current annual salary". It will affect those senior judges who work less than the total as they will now be able to receive a half day's pay plus their retirement pay. Currently, they would only receive a full day's pay.

This act removes knowledge of possible indirect financial gain as a prohibition for a judge to hear a proceeding. Language added in 1997 provided that judges shall not hear cases when they knew of potential direct or indirect financial gain to themselves. This act removes the word "indirect" to remove ambiguity.

MISCELLANEOUS

Clarifies that witness mileage expenses shall be reimbursed at the same amount as is allowed state employees for travel expenses. Removes inconsistent parallel language regarding the power of the supreme court to adjust court costs.

Any party represented by a legal aid or legal services organization shall have its court costs waived upon the certification by the legal aid organization representing the party that the party is indigent.

CHARLES HATCHER