Wednesday, April 2, 2008

Miller, 4th Circuit Judges Face Increased Workload

The judges in extreme Northwest Missouri are being called upon to frequently handle cases outside of their circuit. The Fourth Judicial Circuit of Missouri consists of Atchison, Gentry, Holt, Nodaway and Worth counties. The elected Associate Circuit Judges from these counties are respectively Zel Fischer, Edward Manring, Wm. S. Richards, Glen A. Dietrich and Joel Miller. Roger Prokes serves as Circuit Judge for the circuit.
These judges have an obligation to handle all non-municipal cases within their 5 county area. Although these judges are elected locally, they have a state wide responsibility to serve when directed by the Missouri Supreme Court.
The Supreme Court has authority to assign local trial judges to other Missouri counties to meet existing needs. It has sent judges from the Fourth Circuit to handle cases throughout the state. This typically occurs where a local judge has a conflict of interest or is disqualified. Within the last year, assignments have been received to handle a variety of cases including: a case where a judge from eastern Missouri was sued in a family dispute over his mother’s estate; a murder case from Harrison County; an armed robbery from Harrison County; juvenile backlog in Clay County; and a potential class action suit from Ray County. In that same year Fourth Circuit judges were specially sent to Jackson County to handle cases involving charges of wrongful employment terminations at a major law firm, the theft by an employee of over $200,000 in computer equipment from the Jackson County courts, the dissolution of marriage of a prominent attorney and a civil action between a major brokerage and a small software firm which resulted in a $4.2 million judgment.
Recently, Roger Prokes sat as a Special Judge hearing arguments with the Missouri Supreme Court.
It is anticipated that starting in July of 2008, in addition to on-going special assignments, that each of the judges of the Fourth Circuit will be ordered to serve 4 weeks per year in Jackson County. In the past these Fourth Circuit Judges have served as needed, up to two weeks per year, in Jackson, St Louis, Greene and Stone Counties. The required twenty-four weeks of assignments solely to Jackson County is an effort by the Chief Justice to reduce backlog in that metropolitan county which contains Kansas City. These assignments are mandatory and may result in delays in setting cases or the cancellation of regularly scheduled dockets in the 4th Circuit.
In response to these demands, the judges of the Fourth Circuit are developing plans to increase their efficiency in serving their home communities while meeting the new out of circuit requirements.

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