Close Close

Your Missouri Courts Header Image

Clerk Handbooks

Supreme Court Rules

Section/Rule:5.08
Subject: Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon Publication / Adopted Date:June 20, 1995
Topic:Investigations - JurisdictionRevised / Effective Date:January 1, 2001


5.08. Investigations - Jurisdiction

(a) The chief disciplinary counsel has the power, with or without complaint, to investigate any matter of professional misconduct. The chief disciplinary counsel may investigate any such matter alleged to have been committed in this state or alleged to have been committed in another state by a member of The Missouri Bar. Each regional disciplinary committee or division thereof may investigate any such matter upon request of the advisory committee or the chief disciplinary counsel.

(b) If a regional disciplinary committee is unable to undertake or complete an investigation for any reason, notice of this fact shall be given to the chief disciplinary counsel. The chief disciplinary counsel shall refer the matter to a different committee or shall conduct the investigation. If the chief disciplinary counsel is unable to undertake or complete an investigation or is otherwise disqualified from acting in any matter, notice of this fact shall be given to the advisory committee. The advisory committee may send a written request for information to the lawyer or complainant if the committee believes the response will conclude the investigation or assist in determining to which regional disciplinary committee the matter should be referred. If the response does not conclude the investigation or if no written request is made, the advisory committee shall refer the matter to an appropriate regional disciplinary committee.

(c) If a division of a regional disciplinary committee is unable to undertake or complete an investigation for any reason, the division shall refer the matter to the committee chair. The committee chair shall refer the matter to a different division by lot or refer the matter to the chief disciplinary counsel. The chief disciplinary counsel shall proceed as provided in Rule 5.08(b).

(d) If more than one investigation of the same lawyer is being conducted simultaneously by two or more disciplinary entities, the chief disciplinary counsel may assign all matters for investigation to a single disciplinary entity. The chief disciplinary counsel may relieve a regional disciplinary committee of any investigation and refer the matter to a different committee or to the chief disciplinary counsel for investigation.

(Adopted June 20, 1995, eff. Jan. 1, 1996. Amended Feb. 13, 1998, eff. Mar. 1, 1998; May 26, 2000, eff. Jan. 1, 2001.)