Supreme Court Rules - Rule 12 - Rules Governing the Missouri Bar and the Judiciary - Commission on Retirement Removal and Discipline: Confidentiality of Proceedings

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	12.21
Subject:	Rule 12 - Rules Governing the Missouri Bar and the Judiciary - Commission on Retirement Removal and Discipline	Publication / Adopted Date:	November 12, 1987
Topic:	Confidentiality of Proceedings	Revised / Effective Date:	January 28, 1998

12.21. Confidentiality of Proceedings

(a) Except as otherwise provided in this Rule 12.21, all papers filed in proceedings before the Commission shall be confidential unless and until the Commission files a recommendation with this Court that the judge, member of a judicial commission, or member of this Commission be retired, removed, or disciplined.

(b) The Commission may make otherwise confidential records of disciplinary proceedings available to:

(1) the chief disciplinary counsel when the confidential records relate to a possible violation of this Court's Rule 4;

(2) the appropriate lawyer or judicial disciplinary authorities in other jurisdictions when the confidential records relate to possible violations of a lawyer licensed or applying for licensure or a judge or judicial candidate in that jurisdiction;

(3) members of a judicial nominating commission or the governor when such confidential records relate to a judicial candidate's qualifications for office;

(4) law enforcement agencies acting within the scope of their lawful authority when confidential records relate to possible criminal misconduct. Nothing in this Rule 12.21(b) compels the Commission to make confidential records available without a subpoena or court order if the Commission chooses not to exercise the discretion granted in this Rule 12.21(b) to make those confidential records available.

(c) If a judge is publicly charged with involvement in proceedings before the Commission resulting in substantial unfairness to the judge, the Commission, at the request of the judge involved, may issue a short statement of clarification and corrections.

(d) If a judge is publicly associated with having engaged in serious reprehensible conduct or having committed a major offense, and after a preliminary investigation or formal hearing it is determined there is no basis for further proceedings or recommendation of discipline, the Commission may issue a short explanatory statement.

(e) When a formal hearing has been ordered in a proceeding in which the subject matter is generally known to the public and in which there is broad public interest, and in which confidence in the administration of justice is threatened due to lack of information concerning the status of the proceeding and requirements of due process, the Commission may issue one or more short announcements confirming the hearing, clarifying the procedural aspects, and defending the right of a judge to a fair hearing.

(f) If the person under investigation requests it, the charge, the proceedings of the Commission thereon, and the action of the Commission with respect to the charge, shall be made public.

(Former Rule 12.23 adopted June 1, 1971, eff. Jan. 1, 1972. Amended April 21, 1972, eff. Dec. 1, 1972; amended eff. Sept. 21, 1979; June 9, 1980; amended May 22, 1987, eff. Jan. 1, 1988. Amended and renumbered as Rule 12.21 Nov. 12, 1987, eff. Dec. 1, 1987; amended eff. Jan. 28, 1998.)