Nolan v. Stussie, 66973
| Decision Date | 28 May 1985 |
| Docket Number | No. 66973,66973 |
| Citation | 695 S.W.2d 869 |
| Parties | Honorable Margaret NOLAN, et al., Petitioners, v. Honorable Harry STUSSIE, et al., Respondents. |
| Court | Missouri Supreme Court |
This matter comes to this Court on Petition for Review filed on behalf of petitioners and on Counter-Petition for Review filed on behalf of the respondents. The two petitions seek review of certain actions taken by the circuit judges and associate circuit judges of the Twenty-first Judicial Circuit at the en banc meeting held April 8, 1985, primarily relating to the adoption of local court rules, following our decision in Gregory v. Corrigan, 685 S.W.2d 840 (Mo. banc 1985).
At the April 8, 1985 en banc meeting, a majority of the circuit judges, i.e., the petitioners, voted to adopt certain local court rules. The local rules then adopted provide for, inter alia, a planning committee with administrative powers including the power to set aside administrative orders of the presiding judge. Subsequent to the adoption of those rules, the respondent circuit judges together with all of the associate circuit judges voted to reconsider and table the local rules adopted by petitioners.
The issues raised in the Petition for Review and Counter-Petition for Review concern the validity of the local court rules adopted by the majority of the circuit judges and subsequently reconsidered and tabled by the respondent circuit judges voting with the associate circuit judges. The respondents also urge that the local court rules impinge upon the administrative authority of the presiding judge and were not properly published or filed, citing Mo. Const. art. V, § 5 and § 478.245, RSMo 1978.
It is ordered and adjudged:
(1) The rules adopted April 8, 1985, and Presiding Judge Campbell's memorandum orders of April 9 and April 19, 1985, are declared null and void. The presiding judge of the circuit court shall be its chief administrative officer--subject to the supervisory authority of the circuit judges but not subject to the supervisory authority of the associate judges and not subject to the supervisory authority of a person or committee designated by the circuit judges.
(2) The publication requirement of Mo. Const. art. V, § 5 is not applicable to rules promulgated by the circuit judges.
(3) All orders heretofore or hereafter issued by Presiding Judge Campbell are subject to the supervisory authority of the circuit judges by appeal to the circuit judges.
(4) The...
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Voorhees, In re, 69338
...the Circuit Court of the Twenty-first Judicial Circuit in recent years. See Gregory v. Corrigan, 685 S.W.2d 840 (Mo. banc 1985); Nolan v. Stussie, 695 S.W.2d 869 (Mo. banc 1985); and, Rules of the Circuit Court for the Twenty-first Judicial Circuit, 702 S.W.2d 457 (Mo. banc 1985); and Admin......
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State v. Givance
...of the Twenty-First Judicial Circuit, 659 S.W.2d 764 (Mo. banc 1983); Gregory v. Corrigan, 685 S.W.2d 840 (Mo. banc 1985), Nolan v. Stussie, 695 S.W.2d 869 (Mo. banc 1985), and In re Rules of the Circuit Court for the Twenty-First Judicial Circuit, 702 S.W.2d 457 (Mo. banc Stated in the mos......
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Rules of Circuit Court for Twenty-First Judicial Circuit, In re, TWENTY-FIRST
...District, an opinion by this Court in Gregory v. Corrigan, 685 S.W.2d 840 (Mo. banc 1985) and another opinion of this Court in Nolan v. Stussie, 695 S.W.2d 869 (Mo. banc 1985). Gregory and Nolan reflect the fact that the Court has to date exercised a high degree of judicial restraint by dec......
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Rules of Circuit Court for the Twenty-First Judicial Circuit, In re, TWENTY-FIRST
...resolve administrative problems within that circuit independently, see Gregory v. Corrigan, 685 S.W.2d 840 (Mo. banc 1985) and Nolan v. Stussie, 695 S.W.2d 869 (Mo. banc 1985), and recognizing "the right of the citizens of St. Louis County and the practicing bar of St. Louis County to have ......