Judges: WILLIAM L. WEBSTER
Filed Date: 4/1/1985
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Opie:
This opinion is in response to your questions asking as follows:
1. Is the Morgan County Court to be known as the "Morgan County Court" or as the "Morgan County Commission"?
2. Are the members of that body to be called "Judges" or "Commissioners"?
3. Is the present presiding judge of the County Court to be known as the "Presiding Judge" or "Presiding Commissioner" until the end of his term?
In Opinion No. 66-1967, this office concluded that inasmuch as the administrative body of the county is designated as the county court in the Missouri Constitution, it would take a constitutional amendment to change its name and that the term "judges of the county court" or "judges" is statutory in origin and, therefore, can be changed by statute. For the reasons stated below we believe that this opinion is incorrect in part and, therefore, is withdrawn.
Article
In each county not framing and adopting its own charter or adopting an alternative form of county government, there shall be elected a county court of three members which shall manage all county business as prescribed by law, and keep an accurate record of its proceedings. The voters of any county may reduce the number of members to one or two as provided by law.
Section
The county court shall be known as "County Commission" and shall be composed of three members, to be styled "Commissioners" of the county, and each county shall be districted by the commissions thereof into two districts, of contiguous territory, as nearly equal in population as practicable, without dividing municipal townships.
Further, Section
Our first conclusion in Opinion No. 66-1967 was that the name of the county court could not be changed without a constitutional amendment. This conclusion we believe was in error inasmuch as it is our view that the legislature did have authority to provide, as they did in Section
In Opinion No. 66-1967, this office also concluded that the title of the judges of the county court could be changed. We believe that conclusion is correct and that Section
Your third question asks whether the presiding judge of the county court is to be known as the "Presiding Judge" or "Presiding Commissioner" until the end of his term. We realize that under previous Section
In addition, we point out that a further question has been raised by some counties which we wish to dispose of here. The question raised is what effect Section
Conclusion
It is the opinion of this office that under Section
Yours very truly,
WILLIAM L. WEBSTER Attorney General