The “conservator of peace”

August 18, 2011

  • 227 Judges
  • 227I Appointment, Qualification, and Tenure
  • 227k11 Removal or Discipline
  • 227k11(2) k. Standards, Canons, or Codes of Conduct, in General.

227 JudgesProbate judge’s actions in breaking into home of neighbor, who had allegedly threatened to shoot judge’s children, and in removing axe handle and pipe therefrom could not be justified on ground that because of his role as conservator of peace, he would have been guilty of misdemeanor had he not so acted, where judge was neither involved in dispersing riot, nor was affray or breach of peace being committed, threatened, or attempted in his presence, as described by statutes imposing certain duties on magistrates in their role as conservator of peace.
Matter of Duncan, 541 S.W.2d 564 (Mo. 1976)

Suggested by Jonathan Hale, Attorney; Missouri Department of Revenue; Jefferson City, MO