Effective - 02 Jan 1979
483.170. Duty of court when clerk is charged with misdemeanor in office — notice — temporary clerk during suspension. — 1. When any court shall believe from its own knowledge or from information secured from others given to the court under oath or affirmation, that the clerk of the court has committed some act or acts constituting a misdemeanor in office, the court shall give notice thereof, stating the charge or charges against such clerk, to the attorney general of the state or the prosecuting attorney of the county, requiring him to prosecute the same; and such court may by order of record suspend such clerk from office until a trial upon such charge or charges can be had.
2. Pending such suspension, the court shall appoint some person possessing the qualifications required for the regular clerks of such court to act and perform the duties of the clerk of said court. Before entering upon the duties of his office such temporary clerk shall take and subscribe an oath or affirmation and give bond as required for clerks of said courts. Such temporary clerk shall possess the same powers and perform the same duties as provided for clerks of the court to which they are appointed, and shall continue in office until the regular clerk of such court shall resume his office, or his successor shall be duly elected and qualified, as the case may be.
3. Provided, however, that when the court shall prefer charges against the clerk of any court as herein provided the said clerk shall remain in possession of and continue to perform the duties of this office by giving bond to the state with at least two solvent sureties, the amount of said bond to be fixed and the bond to be approved by the chief or presiding judge of the court, conditioned that said clerk and his sureties shall pay all costs, damages and fines which may be assessed against him upon his trial; and if said clerk shall fail to furnish said bond within fifteen days after receiving notice to do so, his suspension shall become fully effective and he shall surrender up his said office to the temporary clerk.
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(RSMo 1939 § 13301, A.L. 1945 p. 663, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11682; 1919 § 2126; 1909 § 2689
Effective 1-02-79
Structure Missouri Revised Statutes
Chapter 483 - Clerks of Courts of Record and Court Records
Section 483.010 - Qualifications of a clerk.
Section 483.020 - Vacancy, how filled.
Section 483.050 - If surety of clerk is insufficient, new bond required.
Section 483.055 - Office supplies — duties relating to.
Section 483.060 - Allowances, how paid.
Section 483.065 - Office and records, where kept.
Section 483.070 - May remove records, when.
Section 483.075 - Duties of clerk — when county clerk replaces circuit clerk, exception.
Section 483.080 - Deputies, their duties.
Section 483.082 - Court records, how kept.
Section 483.083 - Circuit clerks, compensation.
Section 483.086 - Clerk to serve as secretary to court en banc (St. Louis City).
Section 483.088 - Circuit clerks to report to state auditor annually all fees collected.
Section 483.130 - Courts to direct filing of papers.
Section 483.135 - Clerk to bunch, label, and index papers.
Section 483.140 - Judge to superintend keeping of records.
Section 483.140 - Judge to superintend keeping of records.
Section 483.145 - Court to reconstruct records, when.
Section 483.150 - Clerks to keep account of fines.
Section 483.160 - Clerks of courts to deliver reports to successors.
Section 483.165 - Nonfeasance or misfeasance, misdemeanor.
Section 483.175 - Duty of attorney general or prosecuting attorney — notice.
Section 483.180 - Notice and copy of charges to be delivered — witnesses summoned.
Section 483.190 - Trial by the court or a jury.
Section 483.195 - Clerk found guilty, removed and fined.
Section 483.200 - If clerk acquitted, reinstatement — costs.
Section 483.205 - Additional proceedings by indictment.
Section 483.210 - Clerk's successor to receive all records of office.
Section 483.225 - Office, where kept.
Section 483.235 - Liable on bond for acts of his deputies.
Section 483.240 - Circuit clerks, duties and responsibilities — exceptions.
Section 483.241 - Other clerks, duties.
Section 483.246 - Municipal clerks, selection, tenure, compensation — limitation on compensation.
Section 483.260 - Clerk to employ attorney (St. Louis City).
Section 483.270 - Certain abstract of judgments to be continued (St. Louis City).
Section 483.312 - Security required for deposit of funds in circuit court registry.
Section 483.355 - Circuit clerk of Lewis County — duties.
Section 483.360 - Clerk to file judgments at Lewis County seat.
Section 483.390 - Papers may be recorded in office of clerk of circuit court — fee charged.
Section 483.420 - Circuit clerk, office (Cape Girardeau County).
Section 483.445 - District No. 2 clerk, qualifications — election (Marion County).
Section 483.450 - Residence and office hours of clerk.
Section 483.480 - Probate clerk, oath — itemized fee bill.
Section 483.500 - Fees of the clerks of the supreme court and court of appeals — collection.
Section 483.505 - Account of fees — supreme court.
Section 483.510 - Account of fees — court of appeals.
Section 483.530 - Fees, clerk's duties.
Section 483.535 - Fees for naturalization.
Section 483.537 - Passports, accounting for fees charged, use of moneys collected.
Section 483.550 - Clerks to charge, collect court costs, when.
Section 483.580 - Fees, probate proceedings, guardianships.
Section 483.617 - Fees not to be charged against counties or St. Louis City, when.
Section 483.640 - Records transferred to clerk (Marion County).
Section 483.650 - Records transferred to clerk (Cape Girardeau County).
Section 483.660 - Records of probate courts transferred.
Section 483.670 - Records of magistrate courts transferred.
Section 483.680 - Records of municipal courts transferred, when, how.