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State v. Ralls5/25/1999
Support Enforcement with powers reserved exclusively by the constitution to the judicial department).
In the case of Bridges v. Hurd, this court looked at Section 478.266, RSMo 1978, which permitted the circuit court Judges of Jackson County to appoint a commissioner of the circuit court's probate division. 645 S.W.2d 377, 379 (Mo. App. 1983). The court concluded that "the commissioner possesses the powers and duties of a Judge only when his actions have been either approved or rejected by the probate division Judge." Id. Since a Judge neither rejected nor approved the judgment entered by the probate commissioner in Bridge v. Hurd, it was deemed to not be a final appealable judgment. Id. See also Clemans v. Mecantile Bank of St. Louis, N.A., 936 S.W.2d 889, 890 (Mo. App. 1997); Estate of Norman v. Norman, 792 S.W.2d 920, 921 (Mo. App. 1990).
Recently, the Missouri Supreme Court addressed the issue of judicial determinations by family court commissioners. In the case of Slay v. Slay, the Court found that judgments signed by family court commissioners were not final appealable judgments, because such judgments were not "signed by a person selected for office in accordance with and authorized to exercise judicial power by article V of the state constitution." 965 S.W.2d 845, 845 (Mo. banc 1998). Thus, the Court dismissed the appeals for lack of jurisdiction. Id. In the subsequent case of State ex rel. York v. Daugherty, the Court indicated that the Slay case did not declare that portion of the statute authorizing review by a circuit court unconstitutional. 969 S.W.2d 223, 225 (Mo. banc 1998).
We believe that the question of whether Section 478.466 is in conflict with Art. II, Section 1 and Art. V, Sections 1 and 25(a) of the Missouri Constitution is a "real and substantial" issue and, thus, we transfer the case to the Missouri Supreme Court.
Separate Opinion:
None
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