§ 312. Removal from office.  


Latest version.
  • (a)

    Automatic forfeiture of office.

    (1)

    Failure to maintain the qualifications of office. A judge who fails to maintain the qualifications for office shall immediately upon ceasing to be qualified for office forfeit office.

    (2)

    Felony. Judges of the Kansas City Municipal Division shall forfeit office immediately upon being found guilty, either after a trial or as a result of a plea of guilty or nolo contendere, whether or not a sentence is imposed, of a felony or of any other act in another jurisdiction that would be a felony if committed in Missouri.

    (b)

    Retirement. Judges of the Kansas City Municipal Division shall retire on or before their sixty-fifth birthday. Judges not eligible to receive a pension resulting from judicial service to the City on that day are automatically removed from office without further act of the Judge.

    (c)

    Removal based on charges of misconduct.

    (1)

    Charges brought by the Municipal Judicial Nominating Commission. Four members of the Municipal Judicial Nominating Commission may vote to bring charges against a judge of the Kansas City Municipal Division seeking that judges removal from office by submitting written charges to the City Council.

    (2)

    Grounds for removal. Judges are subject to removal by the Council for nonfeasance, malfeasance or misfeasance in the performance of official duties or engaging in conduct which brings discredit on the Kansas City Municipal Division, or violating any prohibition established by this Charter for judges.

    (3)

    Procedure. The Council, and not a committee of the Council, shall hold an appropriate hearing sitting as a board of review for the purpose of hearing evidence and testimony relating to the charges. The Mayor will preside and may cast a vote. Unless at least seven members of the Council vote for the removal of a judge, the judge will not be removed from office.

    (d)

    Exclusive procedures for removal. Judges of the Kansas City Municipal Division shall not be subject to recall.

    (e)

    State law procedures. The procedures established by this Charter are in addition to any procedures provided by state law or rule.