Effective - 28 Aug 1976
476.458. Probate and magistrate judges shall retire, age, exception — may petition to serve beyond retirement age, when petition to be granted — elected judges to complete term. — 1. Except as otherwise provided in this section, or by any other law, magistrate judges, probate judges, and probate ex officio magistrate judges shall retire at the age of seventy years and may participate, if otherwise eligible, in the retirement plan established by sections 476.515 to 476.570, except that, the provisions of sections 476.458, 478.015, 478.021, 478.071, 478.072, 482.040, 482.090, 482.230, 482.300 to 482.365 and 483.497 shall not prevent any person holding the office of magistrate judge, probate judge or probate ex officio magistrate judge, or any person elected or appointed to the office of magistrate judge, probate judge or probate ex officio magistrate judge from holding office during the remainder of the term to which he was elected or appointed.
2. Any magistrate judge, probate judge not under the nonpartisan court plan, or probate ex officio magistrate judge who on August 13, 1976, or within six months thereafter, is seventy years of age or older, may petition the commission on retirement, removal and discipline to continue to serve until age seventy-six if he has not completed a total of twelve years of service as a judge. Except as otherwise provided by any other law, any magistrate judge, probate judge not under the nonpartisan court plan, or probate ex officio magistrate judge, who is in office on August 13, 1976, may, within six months before attaining the age of seventy years, petition the commission on retirement, removal, and discipline to be allowed to serve after he has attained that age until age seventy-six or has completed a total of twelve years of service as a judge, whichever shall occur first. If the commission finds the petitioner to be able to perform his duties and approves such service, the petitioner may continue to serve as such a judge until age seventy-six if he has not completed a total of twelve years of service as a judge at such age. No person shall be permitted to serve as such a judge beyond the age of seventy-six years regardless of whether or not he has completed a total of twelve years except for the purpose of completing the term to which he was elected or appointed, as provided in subsection 1 of this section.
3. Any magistrate, regardless of age elected in 1976 to fill an unexpired term shall be permitted to complete that term.
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(L. 1976 H.B. 1317 & 1098 § 5)
(1978) Held, statute does not violate equal protection and due process. O'Neil v. Baine (Mo.), 568 S.W.2d 761.
Structure Missouri Revised Statutes
Chapter 476 - Courts — General Provisions
Section 476.001 - Purpose of law.
Section 476.010 - Courts of record.
Section 476.015 - Short title.
Section 476.020 - Courts to keep a seal.
Section 476.030 - Private seal used, when.
Section 476.050 - Records to be kept in English language.
Section 476.056 - Municipal court automation, duties of municipality.
Section 476.057 - Judicial personnel training fund, judicial personnel defined.
Section 476.058 - Court personnel defined — state court administration revolving fund created.
Section 476.060 - Interpreters appointed, when.
Section 476.062 - Court marshals' arrest powers — may carry firearms, when.
Section 476.070 - Power of courts to issue writs.
Section 476.080 - Court or clerk may appoint person to execute process, when.
Section 476.090 - Courts may enforce return of process.
Section 476.100 - No process abated by failure of court to sit.
Section 476.110 - Acts constituting contempt of court.
Section 476.120 - Punishment for contempt.
Section 476.130 - May be punished summarily, when.
Section 476.140 - Commitment for contempt to set forth particulars.
Section 476.150 - Contempt not to be used to enforce civil rights.
Section 476.160 - Parties may be indicted, when.
Section 476.170 - Sittings to be public.
Section 476.180 - Judge interested, not to sit.
Section 476.220 - Judge may call special term for disposition of cause pending.
Section 476.240 - May try civil cases at such special terms.
Section 476.250 - No court to sit on Sunday.
Section 476.260 - Court to audit accounts.
Section 476.265 - Judicial department, budget, procedure for formulation.
Section 476.270 - Expenditures of court to be paid out of county treasury — exceptions.
Section 476.280 - Oath of judges.
Section 476.290 - Judges not to practice law — exception, municipal judges.
Section 476.310 - No judge or clerk to have partner — exception.
Section 476.320 - Judicial conference of the state of Missouri established, members.
Section 476.330 - Conference shall meet, when.
Section 476.340 - Executive council shall be governing body, how formed — members.
Section 476.350 - Duties of judicial conference, executive council and circuit judges.
Section 476.360 - Clerks of various courts shall make reports to executive council.
Section 476.370 - Conference or council empowered to hold hearings.
Section 476.380 - Expense allowance for conference attendance.
Section 476.406 - Employees of twenty-second judicial circuit may work forty-hour week.
Section 476.410 - Transfer of case filed in wrong jurisdiction.
Section 476.419 - Securities, multiple recipients, requirements and limitations on court to divide.
Section 476.450 - Judges may become special commissioners, when — salary or retirement compensation.
Section 476.451 - Definitions.
Section 476.452 - Beneficiaries of special commissioners, benefits, how paid.
Section 476.453 - Judges of six years' service prior to law, eligible.
Section 476.455 - All judges under nonpartisan plan eligible for retirement.
Section 476.460 - Special commissioner subject to temporary duty.
Section 476.470 - Judge not eligible for retirement, when.
Section 476.490 - Expenses of special commissioner.
Section 476.500 - Acceptance by judge — procedure.
Section 476.510 - Practice of law permitted, when, requirements, exceptions.
Section 476.517 - One-time retirement plan election for certain judges.
Section 476.520 - Eligibility requirements.
Section 476.529 - New judges, election for reduced annuity, options.
Section 476.530 - Retirement compensation, how computed.
Section 476.535 - Survivor's benefits, how paid.
Section 476.540 - Refund of contributions, when — reentry into system, how.
Section 476.545 - Early retirement, reduced benefit, how computed.
Section 476.550 - Not eligible for benefits while retired under other plan.
Section 476.555 - Lump sum payments, when.
Section 476.560 - Disqualification by improper behavior.
Section 476.565 - Retiree may practice law, when, requirements, exceptions.
Section 476.575 - Definitions.
Section 476.580 - Retirement benefits, who administers, how paid.
Section 476.585 - No payroll deductions, when — accumulated contributions refunded, when, to whom.
Section 476.590 - Life insurance benefits to be provided judges, retired judges and dependents.
Section 476.601 - Special consultants, duties, compensation.
Section 476.680 - Votes, how counted and canvassed — governor to proclaim results (Clay County).
Section 476.687 - Previous state employment, additional credited service.
Section 476.688 - Compensation to be treated as other benefits.
Section 476.750 - Definitions.
Section 476.756 - Determination of qualification of interpreter.
Section 476.766 - Americans with disabilities act, requirements not to exceed.
Section 476.800 - Definitions.
Section 476.803 - Appointment of interpreters and translators, when — waiver, when — oath required.