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Supreme Court Rules

Section/Rule:5.14
Subject: Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon Publication / Adopted Date:June 20, 1995
Topic:Peremptory Challenges - Assignment to Disciplinary Hearing Panel - Duty of Chief Disciplinary Counsel - Failure to Request or Attend HearingRevised / Effective Date:January 1, 2008


5.14. Peremptory Challenges - Assignment to Disciplinary Hearing Panel - Duty of Chief Disciplinary Counsel - Failure to Request or Attend Hearing

(a) Within 15 days of receipt of a timely answer, the chair of the advisory committee shall assign the information to a disciplinary hearing panel. The assignment shall be made in writing addressed to the presiding officer of the disciplinary hearing panel and accompanied by the information and answer.

(b) The respondent, counsel for the informant, and the chief disciplinary counsel shall be given written notice of the assignment of the disciplinary hearing panel. The chief disciplinary counsel or the counselís designee shall enter an appearance before the assigned disciplinary hearing panel and shall be responsible for all further conduct of the matter before the disciplinary hearing panel and this Court.

(c) When an answer is filed, the respondent may exercise peremptory challenges of two persons from the furnished list of disciplinary hearing officers and advisory committee members. The persons challenged shall be ineligible to serve on the disciplinary hearing panel assigned to try the information. The peremptory challenges shall be directed to the chair of the advisory committee with service on the counsel of record for the informant and the chief disciplinary counsel.

(d) Any party may file a motion challenging a hearing officer for cause. The motion shall be filed with the chair of the advisory committee within 30 days after the hearing officer is assigned to the panel hearing the matter. If the chair of the advisory committee determines the motion demonstrates good cause, a new panel member shall be appointed.

(e) In lieu of appointing a disciplinary hearing panel, the chair of the advisory committee may request that this Court appoint a special master to hear the matter pursuant to Rule 68.03. If the chairís request establishes good cause, this Court shall make the appointment. The consent of the parties is not required. The master is not subject to disqualification except for good cause shown to this Court.

(f) If the respondent fails to attend any hearing set by the disciplinary hearing panel or master, the information shall be filed as an information in this Court with notice of these facts. The information shall be treated in the same manner as an information filed in this Court after the failure to file an answer pursuant to Rule 5.13.

(g) Time to file an answer may be extended by the chair of the advisory committee only once and solely for good cause shown. The request for the extension shall be filed within 30 days of the date the original answer was due.

(Adopted June 20, 1995, eff. Jan. 1, 1996. Amended November 5, 2003, eff. January 1, 2004, Amended October 25, 2007, eff. Jan. 1, 2008.)