Supreme Court Rules
Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon
Publication / Adopted Date:
June 20, 1995
Decision of Disciplinary Hearing Panel - Findings and Recommendations
Revised / Effective Date:
January 1, 2013
5.16 DECISION OF DISCIPLINARY HEARING PANEL - FINDINGS AND RECOMMENDATION
(a) After a hearing, a disciplinary hearing panel may find that the information should be dismissed, a written admonition should be administered to the respondent, or that further proceedings are warranted.
(b) If a written admonition is administered to the respondent:
(1) It shall be filed with the chair of the advisory committee and served by first class United States mail, postage prepaid, upon the respondent, the counsel for the informant, and the chief disciplinary counsel;
(2) Within 15 days of receipt of the admonition, the chief disciplinary counsel and the respondent each shall file with the chair of the advisory committee a written notice stating whether that party accepts or rejects the admonition. A copy of the written notice shall be served by first class United States mail, postage prepaid, on the opposing party and the presiding officer of the panel. Failure to timely file a written notice rejecting the admonition shall be deemed acceptance;
(3) Acceptance by both the chief disciplinary counsel and the respondent shall conclude the disciplinary proceeding. The respondent shall be deemed admonished;
(4) If the admonition is rejected by either party, the disciplinary hearing panel shall render a written decision within 15 days of receipt of the rejection or within the time provided for a decision in this Rule 5.16, whichever is later. The decision shall include the findings and recommendations required by this Rule 5.16.
(c) Subject to Rule 5.16(b), the disciplinary hearing panel shall render a written decision within 30 days of the completion of the hearing. If the decision is unanimous, the panel's presiding officer shall sign and date the written decision. If the decision is not unanimous, at least two members of the panel shall sign and date the written decision; the other member of the panel may attach a written statement to the decision.
The decision shall include a finding regarding each specific act of misconduct charged in the information. If there is a finding of any violation of Rule
, the decision shall also include a recommendation for discipline.
(d) The recommended discipline may be a public reprimand, probation, suspension, or disbarment.
(1) The recommendation of a reprimand may include additional requirements to improve the lawyer's practice.
(2) The recommendation of a suspension shall be for an indefinite period but may include a period of not less than six months and not more than three years during which the respondent cannot apply for reinstatement. The recommendation for suspension may provide that the suspension be stayed and that the respondent be placed on probation.
(e) The written decision of the disciplinary hearing panel shall be filed with the chair of the advisory committee. The chair shall review the panelís decision for the limited purpose of determining that the recommendation for discipline, if any, conforms to this Rule 5 and the sanctions established by the Court. If the chair of the advisory committee determines that the panelís recommendation does not conform, the chair shall direct the disciplinary hearing panel to reconsider its recommendation for discipline. After reconsideration, the panel shall file the revised written decision with the chair of the advisory committee.
(f) The chair of the advisory committee shall serve the written decision of the disciplinary hearing panel by first class United States mail, postage prepaid, on the respondent, the counsel for the informant, and the chief disciplinary counsel.
(g) The written decision of a disciplinary hearing panel shall not have any binding or limiting effect on this Court.
(h) All time limits set forth in this Rule 5 for action by the chair of the advisory committee or of a disciplinary hearing panel are guidelines and are not jurisdictional. The chair of the advisory committee shall monitor compliance with these guidelines, and if such guidelines are not substantially met, may reassign an information to a different hearing panel, reassign the presiding officer, reassign the members of the hearing panel, or request this Court to assign the matter to a special master.
(Adopted June 20, 1995, eff. Jan. 1, 1996. Amended eff. Nov. 13, 2002; Oct. 25, 2007, eff. Jan. 1, 2008; eff. September 10, 2009; May 31, 2012, eff. Jan. 1, 2013.)