Deputy circuit clerks, appointment, removal, assignment ofduties--compensation, how determined and paid.
483.245. 1. The provisions of this section shall becomeeffective on July 1, 1981.
2. The circuit clerk, or person exercising the authority ofthe circuit clerk pursuant to county charter, shall appoint alldeputy circuit clerks, including deputy circuit clerks serving incourtrooms, and shall prescribe and assign the duties of suchdeputy circuit clerks. The circuit clerk may remove from officeany deputy circuit clerk whom he appoints. All division clerks,as defined in section 483.241, shall be appointed by the judge ofthe division such clerks serve, and such judge may remove fromoffice any division clerk whom he appoints.
3. Notwithstanding the provisions of subsection 2 of thissection, if, on June 30, 1981, in any county or in the city ofSt. Louis, there exists by reason of local charter, a plan ofmerit selection and retention or other similar personnel plan,providing for selection, tenure or retention of deputy circuitclerks or division clerks, after July 1, 1981, as to clericalpersonnel who were, on June 30, 1981, under such a plan, theprovisions for merit retention and tenure shall continue to applyas to such persons insofar as is reasonably possible even thoughthey are paid by the state and become state employees, and thecircuit court en banc shall be considered as the commission orboard for determining the propriety of any disciplinary ordismissal action.
4. In addition to the authority to remove deputy circuitclerks and division clerks hereinabove provided, the circuitcourt en banc may remove from office a deputy circuit clerk ordivision clerk for cause.
5. The maximum number of deputy circuit clerks for eachcounty and the maximum number of division clerks for a particulardivision shall be determined by order of the circuit court enbanc. Such order may be modified for cause by order of thesupreme court, or if no order is entered providing for the numberof deputy circuit clerks and division clerks, the supreme courtmay enter such order.
6. The salaries of deputy circuit clerks and division clerksshall be established by the circuit clerk in the case of deputycircuit clerks, or the judge appointing the division clerk in thecase of division clerks, within salary ranges and classificationswhich may from time to time be established by administrative ruleof the supreme court within the limit of funds appropriated forthis purpose. The salaries of deputy circuit clerks and divisionclerks shall be paid by the state, and they shall be stateemployees.
7. Notwithstanding the other provisions of this sectionproviding for the establishment of the number of deputy circuitclerks and division clerks serving the various circuit courts andthe determination of their salaries, such determinations shallnot be construed as mandating appropriations to fund suchpositions, and the payment of the salaries and emoluments ofdeputy circuit clerks and division clerks shall be subject to theavailability of moneys appropriated for those purposes by thegeneral assembly or federal grant moneys.
8. For purposes of this section, the circuit court en bancshall be deemed to include all circuit and associate circuitjudges of the entire circuit, and determinations or orders of thecircuit court en banc shall be by action of a majority of suchjudges in office.
Deputy circuit clerks, appointment, removal, assignment ofduties--compensation, how determined and paid.
483.245. 1. The provisions of this section shall becomeeffective on July 1, 1981.
2. The circuit clerk, or person exercising the authority ofthe circuit clerk pursuant to county charter, shall appoint alldeputy circuit clerks, including deputy circuit clerks serving incourtrooms, and shall prescribe and assign the duties of suchdeputy circuit clerks. The circuit clerk may remove from officeany deputy circuit clerk whom he appoints. All division clerks,as defined in section 483.241, shall be appointed by the judge ofthe division such clerks serve, and such judge may remove fromoffice any division clerk whom he appoints.
3. Notwithstanding the provisions of subsection 2 of thissection, if, on June 30, 1981, in any county or in the city ofSt. Louis, there exists by reason of local charter, a plan ofmerit selection and retention or other similar personnel plan,providing for selection, tenure or retention of deputy circuitclerks or division clerks, after July 1, 1981, as to clericalpersonnel who were, on June 30, 1981, under such a plan, theprovisions for merit retention and tenure shall continue to applyas to such persons insofar as is reasonably possible even thoughthey are paid by the state and become state employees, and thecircuit court en banc shall be considered as the commission orboard for determining the propriety of any disciplinary ordismissal action.
4. In addition to the authority to remove deputy circuitclerks and division clerks hereinabove provided, the circuitcourt en banc may remove from office a deputy circuit clerk ordivision clerk for cause.
5. The maximum number of deputy circuit clerks for eachcounty and the maximum number of division clerks for a particulardivision shall be determined by order of the circuit court enbanc. Such order may be modified for cause by order of thesupreme court, or if no order is entered providing for the numberof deputy circuit clerks and division clerks, the supreme courtmay enter such order.
6. The salaries of deputy circuit clerks and division clerksshall be established by the circuit clerk in the case of deputycircuit clerks, or the judge appointing the division clerk in thecase of division clerks, within salary ranges and classificationswhich may from time to time be established by administrative ruleof the supreme court within the limit of funds appropriated forthis purpose. The salaries of deputy circuit clerks and divisionclerks shall be paid by the state, and they shall be stateemployees.
7. Notwithstanding the other provisions of this sectionproviding for the establishment of the number of deputy circuitclerks and division clerks serving the various circuit courts andthe determination of their salaries, such determinations shallnot be construed as mandating appropriations to fund suchpositions, and the payment of the salaries and emoluments ofdeputy circuit clerks and division clerks shall be subject to theavailability of moneys appropriated for those purposes by thegeneral assembly or federal grant moneys.
8. For purposes of this section, the circuit court en bancshall be deemed to include all circuit and associate circuitjudges of the entire circuit, and determinations or orders of thecircuit court en banc shall be by action of a majority of suchjudges in office.
Deputy circuit clerks, appointment, removal, assignment ofduties--compensation, how determined and paid.
483.245. 1. The provisions of this section shall becomeeffective on July 1, 1981.
2. The circuit clerk, or person exercising the authority ofthe circuit clerk pursuant to county charter, shall appoint alldeputy circuit clerks, including deputy circuit clerks serving incourtrooms, and shall prescribe and assign the duties of suchdeputy circuit clerks. The circuit clerk may remove from officeany deputy circuit clerk whom he appoints. All division clerks,as defined in section 483.241, shall be appointed by the judge ofthe division such clerks serve, and such judge may remove fromoffice any division clerk whom he appoints.
3. Notwithstanding the provisions of subsection 2 of thissection, if, on June 30, 1981, in any county or in the city ofSt. Louis, there exists by reason of local charter, a plan ofmerit selection and retention or other similar personnel plan,providing for selection, tenure or retention of deputy circuitclerks or division clerks, after July 1, 1981, as to clericalpersonnel who were, on June 30, 1981, under such a plan, theprovisions for merit retention and tenure shall continue to applyas to such persons insofar as is reasonably possible even thoughthey are paid by the state and become state employees, and thecircuit court en banc shall be considered as the commission orboard for determining the propriety of any disciplinary ordismissal action.
4. In addition to the authority to remove deputy circuitclerks and division clerks hereinabove provided, the circuitcourt en banc may remove from office a deputy circuit clerk ordivision clerk for cause.
5. The maximum number of deputy circuit clerks for eachcounty and the maximum number of division clerks for a particulardivision shall be determined by order of the circuit court enbanc. Such order may be modified for cause by order of thesupreme court, or if no order is entered providing for the numberof deputy circuit clerks and division clerks, the supreme courtmay enter such order.
6. The salaries of deputy circuit clerks and division clerksshall be established by the circuit clerk in the case of deputycircuit clerks, or the judge appointing the division clerk in thecase of division clerks, within salary ranges and classificationswhich may from time to time be established by administrative ruleof the supreme court within the limit of funds appropriated forthis purpose. The salaries of deputy circuit clerks and divisionclerks shall be paid by the state, and they shall be stateemployees.
7. Notwithstanding the other provisions of this sectionproviding for the establishment of the number of deputy circuitclerks and division clerks serving the various circuit courts andthe determination of their salaries, such determinations shallnot be construed as mandating appropriations to fund suchpositions, and the payment of the salaries and emoluments ofdeputy circuit clerks and division clerks shall be subject to theavailability of moneys appropriated for those purposes by thegeneral assembly or federal grant moneys.
8. For purposes of this section, the circuit court en bancshall be deemed to include all circuit and associate circuitjudges of the entire circuit, and determinations or orders of thecircuit court en banc shall be by action of a majority of suchjudges in office.
