Missouri Court of Appeals, Southern District / Sep 17, 2019
STATE OF MISSOURI ex rel. DAN PATTERSON, GREENE COUNTY PROSECUTING ATTORNEY, Relator vs. THE HONORABLE CALVIN HOLDEN, THIRTY-FIRST JUDICIAL CIRCUIT, GREENE COUNTY, MISSOURI, Respondent
The Greene County Prosecuting Attorney, Relator, sought a writ of prohibition against Judge Calvin Holden, Respondent, arguing that the judge exceeded his authority by unilaterally establishing and operating a "Domestic Abuse Court" (DAC) as a special condition of probation. The Relator contended that the DAC was not authorized by state statutes or local rules for treatment courts. The appellate court made its preliminary writ of prohibition permanent, holding that Judge Holden acted in excess of his jurisdiction and authority because the DAC failed to comply with statutory and local rule requirements for establishing treatment courts.