Section 44 Disqualification of Judge

• Library: Remedies 2006

Although contempt is labeled civil or criminal, it is not a civil action or a prosecution for an offense in the ordinary meaning of these terms. No Missouri court has conferred on an alleged contemnor all rights given to a criminal defendant (such as the right to a change of venue). State ex rel. Chassaing v. Mummert, 887 S.W.2d 573 (Mo. banc 1994). In Osborne v. Purdome, 244 S.W.2d 1005 (Mo. banc 1951), it was held that no change of venue (including change of judge) will lie. Neither Rule 51.05, which...