Supreme Court Rules
Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon
Publication / Adopted Date:
June 20, 1995
Procedure Following Decision of a Disciplinary Hearing Panel
Revised / Effective Date:
January 1, 2013
5.19 PROCEDURE FOLLOWING DECISION OF A DISCIPLINARY HEARING PANEL
(a) Within 30 days after the panelís written decision is mailed pursuant to
, 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 decision of the panel. A copy of the written notice shall be served by first class United States mail, postage prepaid, on the opposing party. Failure to timely file a notice rejecting the decision shall be deemed acceptance.
(b) If the disciplinary hearing panel recommends dismissal of the information and the informant accepts the written decision, the disciplinary proceeding is concluded.
c) If the disciplinary hearing panel recommends discipline and both parties accept the written decision, the chief disciplinary counsel, within 45 days after the panel's written decision is mailed pursuant to
, shall file with this Court a copy of the panel's decision and a statement regarding the parties' acceptance of that decision. In such event, the Court may issue a final order of discipline.
(1) The chief disciplinary counsel does not accept the disciplinary hearing panelís decision to dismiss the information;
(2) Either party rejects the decision of the panel; or
(3) This Court does not accept the panelís decision, the chief disciplinary counsel, within 30 days after the deadline for filing a rejection or as otherwise ordered by this Court, shall file in this Court the complete record made before the disciplinary hearing panel. The matter shall be briefed and argued in this Court as though a petition for an original remedial writ has been sustained.
(e) If this Court finds for the respondent, it shall dismiss the information.
If this Court finds the professional misconduct charged in the information, it shall impose appropriate discipline. In determining discipline, this Court may consider any prior discipline issued by the Court and any admonitions administered and accepted by the respondent pursuant to this Rule 5.
(f) In matters pending before this Court, when requested by the respondent and upon a showing of financial inability to employ counsel, this Court shall appoint counsel to represent the respondent. Compensation shall be fixed by this Court and shall be payable from the advisory committee fund.
(g) If the respondent is a member of the bar of this state and is also licensed in any other state, the chief disciplinary counsel shall send a copy of this Courtís order to the appropriate disciplinary authorities of the other states wherein the respondent is licensed.
If the respondent is a member of the bar of another state and not of this state and the charges are found to be true, this Court may render a judgment finding respondent guilty and sanction the respondent. The chief disciplinary counsel shall send a copy of this Courtís order to the appropriate disciplinary authorities of the states wherein the respondent is licensed.
(h) Costs in the matter shall be taxed in the same manner as costs in civil proceedings. In addition to such costs, a respondent upon whom discipline is imposed by this Court shall be taxed a fee in the following amounts depending upon the nature of the discipline imposed:
Reprimand with requirements: $1,000.00
Such costs and fees shall be paid to the clerk of this Court to the credit of the advisory committee fund.
(Adopted June 20, 1995, eff. Jan 1, 1996. Amended March 12, 1996, eff. April 1, 1996; May 31, 2001, eff. July 1, 2001; Oct. 23, 2001, eff. Oct. 23, 2001; Oct. 25, 2007, eff. Jan. 1, 2008; eff. Sept. 10, 2009; Feb. 8, 2010; May 31, 2012, eff. Jan. 1, 2013.)