Close Close

Your Missouri Courts Header Image

Clerk Handbooks

Supreme Court Rules

Section/Rule:5.11
Subject: Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon Publication / Adopted Date:June 20, 1995
Topic:Probable Cause Finding - Admonition or Information - Service on RespondentRevised / Effective Date:March 1, 1998


5.11. Probable Cause Finding - Admonition or Information - Service on Respondent

(a) If after completion of an investigation, the chief disciplinary counsel, a majority of the regional disciplinary committee, or the majority of a division thereof, as the case may be, finds that there is probable cause to believe that the individual under investigation is guilty of professional misconduct, it may administer an admonition or cause an information to be prepared.

(b) If the chief disciplinary counsel, a majority of the committee, or a majority of a division, as the case may be, finds that the professional misconduct is of such nature that further proceedings are not warranted, a written admonition may be administered to the respondent. The admonition shall be served upon the respondent as provided in Rule 5.18 in lieu of an information being prepared. A copy of such admonition shall become part of the record. Within fifteen days of the receipt of such admonition, the respondent so admonished shall accept or reject the admonition in writing. Failure of the respondent to timely respond in writing is an acceptance of the admonition. If the admonition is rejected, the entity finding probable cause shall prepare an information. If the admonition is rejected, the admonition shall not be used as evidence or otherwise for any purpose except as provided in Rule 5.31.

(c) An information shall be styled "In re: (Name of Respondent)", shall set forth in brief form the specific acts of misconduct charged, and shall state briefly the grounds upon which the proceedings are based. Any number of acts may be charged in the same information, but each act shall be separately stated. Two or more acts of misconduct charged against one or more persons jointly may be united and stated in the same information but each act shall be separately stated. Two or more acts of misconduct charged against one or more persons jointly may be united and stated in the same information whether the acts occurred in the same or different regions. The information shall be signed by one of the following: chief disciplinary counsel; the chair and secretary of the regional disciplinary committee; by a majority of the members of the committee; or the presiding officer or a majority of the members of the division of the committee to which the matter was assigned. Each information is subject to review and revision as to form and style by the chief disciplinary counsel before service on the respondent and shall include the name and address of the person designated by the chief disciplinary counsel as counsel of record for the informant. The information shall be served on the respondent as provided in Rule 5.18, and a copy shall be delivered to the chief disciplinary counsel and the chair of the advisory committee. The information shall be accompanied by a list of the names of all disciplinary hearing officers and advisory committee members and a copy of any statements or documents obtained in the investigation or with a notice that such material is voluminous and is available for inspection and copying. Proof of service shall be filed with the chief disciplinary counsel as a part of the record of the proceedings.

(Adopted June 20, 1995, eff. Jan. 1, 1996.)
(Amended Feb. 13, 1998, eff. Mar. 1, 1998.)