43rd Judicial Circuit: About judges and divisions
Mar 14, 2012 | Courthouse News |
Editor’s note: This column is a non-partisan article submitted by the joint effort of 43rd Circuit Judge Tom Chapman and Judge Brent Elliott. The intent is to give residents a better understanding of the judicial system as well as specific operations within the Circuit. No explanation or example utilized herein should in any way be interpreted as reflecting the judge’s approval or disapproval of any law or rule. A circuit judge’s job is to fairly and impartially apply the law, not change it.
by Judge Brent Elliott and Judge Thomas Chapman
From the 43rd” is a non-partisan article submitted by the joint effort of 43rd Circuit Judges Tom Chapman and Brent Elliott. The purpose of the article is to give residents a better understanding of the judicial system as well as specific operations within the circuit. No explanation or example utilized herein should in any way be interpreted as reflecting the judges’ approval or disapproval of any law or rule. A circuit judge’s job is to fairly and impartially apply the law, not change it.
We are often asked what are the duties of the Circuit Judges and the duties of Associate Circuit Judges. The short answer is, it depends on where you are.
Article 5, Section 14, of the Missouri Constitution provides that all civil lawsuits and all criminal prosecutions begin in the circuit courts.
There are specific divisions of the circuit courts: circuit court division, associate division, probate division, juvenile division, and small claims division. These divisions each have their own specific purpose, and their own specific rules of procedure.
In the 43rd Circuit, our associate circuit judges generally preside over matters in the associate division, which include cases where $25,000 or less is at stake, and landlord-tenant disputes. Associate circuit judges also hear misdemeanor criminal cases and felony criminal cases through the preliminary hearing stage. Our associate circuit judges handle cases in the probate division, and in small claims division.
In the 43rd Circuit, we circuit judges generally preside over civil lawsuits where over $25,000 is at stake, domestic relations (divorces, paternity, and child custody), and felony trials and sentencing. The circuit judges also hear all matters in the juvenile division.
We are very fortunate in the 43rd Circuit to have associate circuit judges that are experienced, smart, and capable of handling all types of matters. Our associate circuit judges include Jason Kanoy (Caldwell County), Paul Luckenbill (Clinton County), Daren Adkins (Daviess County), Bart Spear (DeKalb County), and Jim Valbracht (Livingston County).
