Supreme Court Rules - Rule 6 - Rules Governing the Missouri Bar and the Judiciary - Fees to Practice Law: Return to Active Status

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	6.06
Subject:	Rule 6 - Rules Governing the Missouri Bar and the Judiciary - Fees to Practice Law	Publication / Adopted Date:	May 14, 1999
Topic:	Return to Active Status	Revised / Effective Date:	January 1, 2023

6.06 Return to Active Status

(a) Any lawyer recorded as inactive may apply to the chief disciplinary counsel to return to active status. The application shall be made on a form approved by this Court and obtained from the chief disciplinary counsel. The application shall be accompanied by:

(1) Proof of payment of all annual fees required by

Rule 6.03

;

(2) A certificate of good standing from every jurisdiction other than Missouri in which the applicant is licensed to practice law; and

(3) Certification from The Missouri Bar of completion of a total of at least 15 credit hours of continuing legal education within 12 months prior to the date the application is submitted. At least three of the total 15 credit hours must be devoted exclusively to accredited ethics programs, seminars, and activities, including professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency. At least one of the three ethics credit hours for accredited programs, seminars, and activities must be devoted exclusively to explicit or implicit bias, diversity, inclusion, or cultural competency.

(b) Within 45 days of receiving the application, the chief disciplinary counsel shall determine if the return to active status requires inquiry beyond 45 days in order to be approved. If no such inquiry is necessary and the chief disciplinary counsel approves the application, the chief disciplinary counsel shall so notify the clerk of this Court and the applicant, and the Court shall return the applicant to active status.
(c) If the chief disciplinary counsel does not approve the application or determines that the return to active status requires inquiry beyond 45 days, the chief disciplinary counsel shall notify the applicant that the applicant must file a petition to return to active status with this Court within 30 days of the date of the receipt of the notice that the application is not approved or that further inquiry is required. The petition shall be accompanied by:

(1) The docket fee prescribed by

Rule 81.04;

and

(2) An investigation fee of $200, which shall be deposited to the credit of the advisory committee fund.

No report or hearing shall be had on any petition until the required fees are paid.

If the petition is not filed within 30 days as required, a new application may be filed at any time.

(d) If a petition to return to active status is filed in this Court, the petition shall be referred to the chief disciplinary counsel for report and recommendation. The report shall be served on the petitioner by the chief disciplinary counsel as provided in Rule 5.125. The petitioner may file a written response to the report with the chief disciplinary counsel within 15 days of the date the report is mailed.
(e) The report, recommendation, and response, if any, to a petition to return to active status shall be filed with this Court by the chief disciplinary counsel upon receipt of the response or the expiration of the time for making a response. A copy of the application submitted to the chief disciplinary counsel shall be attached to the report. The Court shall make a determination whether to return the petitioner to active status on the basis of the petition, report, application, recommendation, and response.

(

) Upon its review of a petition to return to active status, the Court may direct the advisory committee to appoint a disciplinary hearing panel.

(1) The disciplinary hearing panel shall conduct a hearing into any allegations of misconduct contained in the report to which the petitioner objects. The hearing shall be conducted as provided in

Rule 5.14

(2) The disciplinary hearing panel shall file a report with the clerk of this Court. The panel's report shall discuss all matters in dispute and make a

recommendation as to whether the petitioner’s license should be returned to active status.

(Adopted effective November 1, 1976. Amended November 20, 1990, effective July 1, 1991; Amended February 13, 1998, effective March 1, 1998; Amended May 14, 1999, effective Jan 1, 2000; Amended June 21, 2005, effective January 1, 2006; Amended December 19, 2013, effective July 1, 2014; Amended September 10, 2015, effective January 1, 2016; amended effective November 15, 2019.)