Why do judges travel around?

Question: Why do judges from other counties hear cases in Daviess County, and do you travel to other counties?

Answer: To understand why this happens we need to first understand the organization of Missouri courts. Missouri’s 114 counties are divided into 45 judicial circuits ranging from one to five counties each. Daviess County is in the 43rd Judicial Circuit consisting of Caldwell, Clinton, Dekalb, and Livingston counties. In each of these counties sits one Associate Circuit Judge elected by the people of that county. The entire 43rd Circuit elects two Circuit Judges who hear cases in all five counties. Thus our circuit has 7 judges.

Each party to a court case, whether it be civil or criminal, is entitled to a change of judge if a request is timely filed. When an Associate Circuit Judge is disqualified by a party to the case, or by the judge due to a conflict of interest, another judge must be assigned. In the 43rd Circuit, the Presiding Circuit Judge issues an order assigning a judge to the case and typically, it is another Associate Circuit Judge from one of the four other counties within the circuit. If a Circuit Judge is disqualified either an Associate Circuit Judge or the other Circuit Judge is appointed.

Sometimes the Supreme Court of Missouri assigns a judge to hear a case outside his/her circuit. This generally occurs when the case involves an elected official, a governmental entity, or all the judges within that circuit have heard parts of the case or have been disqualified.

Finally, the Supreme Court transfers judges from smaller, rural counties to hear cases or sit in for judges on vacation in and around the Kansas City, Springfield, and St. Louis areas.

I average one or two days a week within the 43rd Circuit, and two to three days a month outside this circuit hearing cases of all types.