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Time Between Election and Oath

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  • 04-13-2013, 01:50 AM
    Sapperdoug
    Time Between Election and Oath
    Specifically, besides municipal ordinance, what is the standard time after being elected, a municipal judge has to take oath of office in the state of missouri?
  • 04-13-2013, 09:15 PM
    Mr. Knowitall
    Re: Time Between Election and Oath
    You can look at the statutes here and state constitution here. On brief review, I don't see one.
  • 04-14-2013, 10:47 AM
    Sapperdoug
    Re: Time Between Election and Oath
    Quote:

    Quoting Mr. Knowitall
    View Post
    You can look at the statutes here and state constitution here. On brief review, I don't see one.

    After a thorough review I have concluded the same. Even the city ordinance has no such language. With that said would it be unlawful for the mayor to advise the city counsel to appoint another person because for circumstance unforeseen I can't swear in until the 31st of May. Mind you, court has already been conducted by the incumbent for the month of April and the county circuit will cover May; elections were just held on the 2nd of April. All this in mind, the city attorney insists that if the elected judge can't be sworn in immediatly, then one must be appointed. With a new mayor and nearly an entirety new counsel, everyone feels they must follow the advise of the attorney.
  • 04-14-2013, 11:19 AM
    Mr. Knowitall
    Re: Time Between Election and Oath
    Should I infer from what you're saying that they're not taking about appointing an interim judge, but are talking about treating your unavailability as in essence a refusal to accept office and are appointing a permanent replacement? If so, it sounds like you may be looking at a different issue - not so much a delay in your being sworn in, but the legal ramifications of your inability to be sworn in and to start fulfilling the duties of your office.
  • 05-05-2013, 09:33 PM
    Sapperdoug
    Re: Time Between Election and Oath
    [QUOTE=Mr. Knowitall;703455]Should I infer from what you're saying that they're not taking about appointing an interim judge, but are talking about treating your unavailability as in essence a refusal to accept office and are appointing a permanent replacement? If so, it sounds like you may be looking at a different issue - not so much a delay in your being sworn in, but the legal ramifications of your inability to be sworn in and to start fulfilling the duties of your office.[/QUOTE/]
    Correct. What are your thoughts? As of now, someone else has been appointed.
  • 05-05-2013, 10:13 PM
    Disagreeable
    Re: Time Between Election and Oath
    I would say you have a problem if you cannot fulfill the duties of the office long enough to even be sworn in. Here is the applicable state statute I believe.

    http://www.moga.mo.gov/statutes/C000-099/0790000280.HTM
    Quote:

    Vacancies in certain offices, how filled.

    79.280. If a vacancy occurs in any elective office, the mayor or the person exercising the duties of the mayor shall cause a special meeting of the board of aldermen to convene where a successor to the vacant office shall be selected by appointment by the mayor with the advice and consent of a majority of the remaining members of the board of aldermen. If the vacancy is in the office of mayor, nominations of a successor may be made by any member of the board of aldermen and selected with the consent of a majority of the members of the board of aldermen. The board of aldermen may adopt procedures to fill vacancies consistent with this section. The successor shall serve until the next regular municipal election. If a vacancy occurs in any office not elective, the mayor shall appoint a suitable person to discharge the duties of such office until the first regular meeting of the board of aldermen thereafter, at which time such vacancy shall be permanently filled.
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