BEFORE THE PUBLIC SERVICE COMMISSION

OF THE STATE OF MISSOURI

 

 

Jimmie E. Small,                                   )

                                                            )

                              Complainant,           )

                                                            )

          v.                                               )           File No. EC-2012-0050

                                                            )

Ameren Missouri, et. al.,                        )

                                                            )

                              Respondents.          )

 

 

ORDER DENYING MOTION FOR CHANGE OF JUDGE

 

Issue Date:  February 7, 2013                                Effective Date: February 7, 2013

 

 

On February 7, 2013, Jimmie E. Small filed an Application for Change of Judge in a Civil Case (“motion”).  In his motion, Mr. Small requests that the Commission grant his request for a new judge or presiding officer in this matter.  Mr. Small cites Missouri Supreme Court Rule 51.05 as the basis for his motion.  The Missouri Supreme Court Rules of Civil Procedure do not apply to administrative proceedings, such as those before the Commission.[1]  The Commission has promulgated its own procedural rules, 4 CSR 240-2, that apply to Mr. Small’s complaint action.  Commission Rule 4 CSR 240‑2.120(2) states, as follows:

Whenever any party shall deem the presiding officer for any reason to be disqualified to preside, or to continue to preside, in a particular case, the party may file with the secretary of the commission a motion to disqualify

with affidavits setting forth the grounds alleged for disqualification. A copy

of the motion shall be served by the commission on the presiding officer whose removal is sought and the presiding officer shall have seven (7) days from the date of service within which to reply.

 

Mr. Small’s motion was not accompanied by an affidavit setting forth any grounds for the alleged disqualification of the presiding officer.  Since the motion does not comply with Commission rules or describe any reason for the presiding officer to be removed, the Commission will deny Mr. Small’s motion.

The Commission orders that:

1.               Mr. Small’s Application for Change of Judge in a Civil Case is denied.

2.               This order is effective immediately upon issuance.

 

BY THE COMMISSION

 

 

 

 

Shelley Brueggemann

Acting Secretary

 

( S E A L )

 

Michael Bushmann, Regulatory Law

Judge, by delegation of authority

pursuant to Section 386.240, RSMo 2000.

 

Dated at Jefferson City, Missouri,

on this 7th day of February, 2013.


[1] State ex rel. Rosenberg v. Jarrett,  233 S.W.3d 757, 762 (Mo. App. W.D. 2007); Woodman v. Director of Revenue, 8 S.W.3d 154, 157 (Mo.App.1999)