HCS HB 1607 -- ASSIGNMENTS BY PRESIDING JUDGES

SPONSOR:  Stevenson (Diehl)

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee on
Judiciary by a vote of 12 to 0.

Currently, presiding judges are prohibited from assigning a judge
to hear the trial of a felony case when that judge has previously
conducted the case's preliminary hearing.  This substitute allows
the presiding circuit court judge to make this assignment if the
defendant has signed a written waiver stating that he or she
waives any right to object or argue about any potential conflict
that might occur as a result of having the same judge hear both
the preliminary hearing and the trial.

FISCAL NOTE:  No impact on state funds in FY 2011, FY 2012, and
FY 2013.

PROPONENTS:  Supporters say that the bill promotes judicial
efficiency.  Judges already retry cases that come back from
appeal and rule on motions to suppress in cases in which they
later try.  They are able to compartmentalize.

Testifying for the bill were Representative Diehl; Judicial
Conference of Missouri; Missouri Associate Circuit Judge
Voluntary Fund; and Missouri Association of Criminal Defense
Lawyers.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:11 pm