HB 688 -- JUDICIAL PROCEDURES

SPONSOR:  Byrd

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

This bill changes the laws regarding the continuance of a
judicial proceeding when an attorney is a member of the General
Assembly.  Beginning December 15 of each year through June 15 of
the following year, there will be a stay of all administrative
and court proceedings in which the member is an attorney for any
party, a necessary witness, or a party to a civil suit.  A stay
order is automatically invoked when a notice has been filed with
the court clerk.  The order will also apply to a member having to
serve as a juror; however, it will not apply in any circuit court
proceeding in which a member is a criminal defendant.

A member is allowed to file a written notice instead of an
affidavit to the court when seeking a continuance during a veto
session, special session, or when holding out-of-session
committee hearings.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2006, FY
2007, and FY 2008.  Estimated Cost on Other State Funds of
Unknown in FY 2006, FY 2007, and FY 2008.

PROPONENTS:  Supporters say that the bill limits the discretion
courts have to issue a stay in a proceeding during a legislative
session when the lawyer is also a legislator.  It would also
prevent a legislator from being summoned for jury duty during a
legislative session.

Testifying for the bill was Representative Byrd.

OPPONENTS:  There was no opposition voiced to the committee.

Amy Woods, Senior Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:20 pm