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Supreme Court Rules

Section/Rule:5.22
Subject: Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon Publication / Adopted Date:June 20, 1995
Topic:Trial and Disposition of Cause Directly Filed in This CourtRevised / Effective Date:December 18, 2001


5.22. Trial and Disposition of Cause Directly Filed in This Court

(a) Upon the filing of an information directly in this Court where no hearing was held by a disciplinary hearing panel, the information shall be served as provided in Rule 5.18. Upon the filing of an answer to the information or after the lapse of thirty days after service of summons if no pleading be filed by the respondent, this Court shall enter an order of discipline by default, proceed to hear the cause, or shall refer the matter to a master appointed by this Court.

(b) If tried by this Court, the trial shall be without a jury and shall be governed by the law of evidence applicable to civil proceedings. If the matter is referred to a master, the matter shall proceed as provided in Rule 68.03. The master shall conduct a hearing in accordance with the rules of this Court governing non-jury cases. The trial in this Court or the hearing before the master shall be conducted on the information, which can be amended at any time before submission. If any amendment substantially changes the charges, the respondent shall be given a reasonable time to respond. After the hearing conducted by the master, the master shall prepare and file with this Court recommended findings and conclusions.

(c) The matter shall be briefed and argued in this Court as though a petition for an original remedial writ has been sustained or as otherwise ordered by the Court. 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.

(d) If the respondent is a member of the bar of this state and is also licensed in any other state, a copy of this Court's finding shall be forwarded to the chief disciplinary counsel who shall forward the finding 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 shall render a judgment finding respondent guilty and shall reprimand the respondent or enjoin the respondent from practicing law within the state of Missouri for a time fixed in the discretion of this Court. A copy of this Court's order shall be forwarded to the chief disciplinary counsel who shall forward the order to the appropriate disciplinary authorities of the states wherein the respondent is licensed.

(e) Costs in the matter shall be taxed as this Court, in its discretion, may order.

(Adopted June 20, 1995, eff. Jan 1, 1996. Amended Dec. 18, 2001, eff. Dec. 18, 2001.)