HONORABLE C. WADE PIERCE and HONORABLE KACEY L. PROCTOR Missouri Cases

Relator Andrew Bailey, Missouri Attorney General, sought a writ of prohibition against circuit judges C. Wade Pierce and Kacey L. Proctor, challenging the circuit court's authority to grant a second change of judge in a criminal case. The defendant and prosecutor had previously stipulated to a change of venue and judge. The Supreme Court issued a permanent writ of prohibition, holding that the circuit court lacked authority to grant the second change of judge under Rule 32.02, as the defendant did not allege any applicable exceptions. The Court ordered the circuit court to set aside its order and keep the case assigned to Judge Proctor.

Relator, the Missouri Attorney General, filed a petition for a writ of prohibition or mandamus, contending that the circuit court exceeded its authority by granting a defendant's second motion for change of judge in an underlying felony case. The Court of Appeals issued a preliminary writ and, after considering the parties' concessions, determined that the defendant was not entitled to a second change of judge. However, the court concluded it lacked the authority to designate a different judge or supersede the Supreme Court's transfer order, and therefore made the preliminary writ permanent as modified and transferred the case to the Supreme Court.