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Supreme Court Rules

Section/Rule:5.31
Subject: Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon Publication / Adopted Date:June 20, 1995
Topic:Records of Investigations and Formal ProceedingsRevised / Effective Date:January 1, 2013


5.31 Records of Investigations and Formal Proceedings

(a) Confidential records and proceedings.
(b) Public documents and proceedings. (c) Protective Orders and Closing Records After Disposition.

A protective order may be issued upon application and for good cause shown in order to protect the interests of a complainant, witness, third party, or respondent.
If a disciplinary hearing panel recommends dismissal of an information and the chief disciplinary counsel accepts the recommendation, records of the information shall be confidential upon request of the respondent.

If this Court dismisses an information, the respondent may move to have records of the information sealed from public access.

(d) Permissible disclosure of confidential records.
(e) Dissemination of disciplinary information.

Notice of discipline imposed by this Court under Rule 5, reinstatements, and readmissions shall be given by the chief disciplinary counsel:
This Court, the chief disciplinary counsel, and The Missouri Bar may disseminate public records of lawyer discipline by additional means. The chief disciplinary counsel also may transmit copies of such records to other tribunals and agencies.

(Adopted June 20, 1995, eff. Jan 1, 1996. Amended March 29, 2012, eff. July 1, 2012.)

ADVISORY COMMITTEE REGULATION RE RULE 5.31

(a) DEFINITIONS
(b) OPEN PROCEEDINGS Each proceeding in which an information has been filed and in which an answer or other responsive pleading has been received is public as provided in Rule 5.31 regardless of the date on which the information was filed.

(c) LOCATION OF RECORDS
(d) MEDIA ACCESS AND COVERAGE IN GENERAL

Broadcasting, televising, recording, and photographing will be permitted in the hearing room under the following conditions:
(e) PROCEDURAL

(f) TECHNICAL
(Amended November 14, 2012, eff. Jan. 1, 2013.