State ex rel. Kenneth Baumruk, Relator v. The Honorable Mark Seigel, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion

Case Style: State ex rel. Kenneth Baumruk, Relator v. The Honorable Mark Seigel, Respondent. Case Number: SC86040 Handdown Date: 12/07/2004 Appeal From: Original Proceeding in Prohibition Counsel for Appellant: Deborah B. Wafer, Teoffice E. Cooper and David J. Kenyon Counsel for Respondent: Dean P. Waldemer and John R. Lasater Opinion Summary: In State v. Baumruk, 85 S.W.3d 644 (Mo. banc 2002), this Court reversed Kenneth Baumruk's first-degree murder conviction and remanded the case to the St. Louis County circuit court with instructions to grant Baumruk's motion for change of venue. At a May 2004 informal hearing, the judge transferred the case to St. Charles County but, over Baumruk's objection, announced that he would follow the case to St. Charles County. The judge also overruled Baumruk's motion to recuse. Baumruk seeks a writ of prohibition from this Court. WRIT MADE ABSOLUTE. Court en banc holds: A circuit judge's authority is limited by section 478.220, RSMo, to cases and matters within the jurisdiction of his or her circuit court. The respondent judge points to no statute, court rule or other authority that allows a judge to follow a case out of his circuit on a change of venue absent special appointment by this Court. When Baumruk's case is transferred to St. Charles County, it is to be assigned to a regular judge of that circuit. Citation: Opinion Author: PER CURIAM Opinion Vote: PRELIMINARY WRIT MADE ABSOLUTE. White, C.J., Wolff, Stith, Price, Teitelman and Limbaugh, JJ., and Hardwick, Sp.J., concur. Russell, J., not participating. Opinion:

In State v. Baumruk , 85 S.W.3d 644 (Mo. banc 2002), this Court reversed the judgment in relator Kenneth Baumruk's underlying first degree murder case and remanded to the Circuit Court of St. Louis County with instructions to grant Baumruk's motion for change of venue. Thereafter, at an informal hearing on May 14, 2004, respondent announced that he was transferring the case to St. Charles County and, over Baumruk's objection, that he would follow the case to St. Charles County. In addition, he overruled Baumruk's motion to recuse. Baumruk then filed a petition for writ of prohibition in the Court of Appeals, Eastern District, to prevent respondent from following the case. The petition was denied, but was refiled in this Court, which issued its preliminary writ. Prohibition is available, "to prevent exercise of extra-jurisdictional power." State ex rel. Kinder v. McShane , 87 S.W.3d 256, 260 (Mo. banc 2002). Respondent points to no statute, court rule, or other authority that allows a judge to follow a case out of circuit on change of venue absent special appointment by this Court under article V, section 6, of the Missouri Constitution. Instead, a circuit judge's authority is limited by sec. 478.220, which provides that "Circuit judges . . . may hear and determine all cases and matters within the jurisdiction of their circuit courts. . . ." When the case is finally transferred to the Circuit Court of St. Charles County, it is to be assigned to a regular judge of that circuit, and the assignment is to be made by the presiding judge under section 478.240 or pursuant to local court rule under section 478.245. For these reasons, the preliminary writ is made absolute. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.