In a recent decision, the Missouri Court of Appeals for the Southern District has ruled that a change in venue does not prevent a request to change judges. This appellate decision comes after a Greene County Circuit judge denied a request for a new judge in a case that was initially transferred from Miller County. The court’s conclusions suggest that the procedural rights of parties to request a judicial change remain intact despite venue transitions.
The case revolves around relators Rudy Tapia and Douglas Rogers, who argued that their attempt to assign a new jurist, under the Missouri Rules of Civil Procedure Rule 51.05, was wrongly dismissed. Their position maintained that the transfer of venue from Miller County to Greene County did not eliminate their right to seek a different judge. Greene County Circuit Judge Derek Ankrom’s previous handling of the case was called into question, with the appellate court issuing a writ of prohibition to prevent him from further participation, besides the necessary facilitation for a new judge.
Judge Ankrom contended that the relators were barred from requesting a new judicial assignment, arguing that their rights were exhausted with the venue transfer motion under Rule 51.045. However, the appellate court’s order affirms the separation of rights between venue changes and judicial assignment requests. For more details on this decision, refer to the appellate court’s ruling.