Section 20.2 Jurisdiction

• Library: Criminal Practice 2012 Supp

II. (§20.2) Jurisdiction

Missouri has a “single tier” court system at the trial level. Mo. Const. art. V, § 14. Original jurisdiction over all criminal matters is vested in the circuit court. Some limitation exists, however, on the jurisdiction of the associate divisions of the circuit court.

Associate circuit judges “may hear and determine” all criminal matters provided by law, as well as such additional cases or classes of cases as may be provided by law. Section 478.220, RSMo 2000, now makes that provision. Essentially, the original jurisdiction of an associate circuit judge includes all misdemeanor actions; in felony cases, however, an associate circuit judge is restricted to those actions that occur before the filing of the information. Felony information can only be filed in the circuit division. Thus, an associate circuit judge in a felony case may take such actions as setting bail and hearing motions to suppress evidence as well as any other type of motion that can be filed before the information.

Perhaps the most significant role of the associate circuit division in felony cases is to conduct preliminary hearings. This power is related to a restriction on...