Supreme Court Rules - Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon: Determination of Sufficient Probable Cause – Admonition or Information

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Supreme Court Rules

		Section/Rule:	5.12
Subject:	Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon	Publication / Adopted Date:	June 20, 1995
Topic:	Determination of Sufficient Probable Cause – Admonition or Information – Service On Respondent	Revised / Effective Date:	January 1, 2023

5.12 Determination of Sufficient Probable Cause – Admonition or Information – Service on Respondent

(a) Determination of Sufficient Probable Cause. If after completion of an investigation, the Chief Disciplinary Counsel, a regional disciplinary committee, or a division thereof determines that there is sufficient probable cause to believe that the individual under investigation is guilty of professional misconduct, it may administer an admonition or file an information seeking discipline by this Court.

(b) Admonition.

(1) If the professional misconduct is of such nature that further proceedings are not warranted, a written admonition may be administered to the respondent.

(2) The admonition shall be served upon the respondent as provided in Rule

5.125

(3) Within 15 days of the receipt of such admonition, the respondent shall accept or reject the admonition in writing. This timeframe is jurisdictional and not subject to extension. Failure of the respondent to timely respond in writing is an acceptance of the admonition.

(4) If the admonition is accepted, a copy of such admonition shall become part of the record maintained by the Chief Disciplinary Counsel and is public pursuant to Rule

5.31

. An accepted admonition is not discipline imposed by this Court but may be considered in determining discipline for subsequent misconduct.

(5) If the admonition is rejected, an information shall be filed. 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) Information. 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.

(1) Any number of acts of misconduct against a lawyer may be charged in the same information, but each act of misconduct shall be separately stated. If two or more lawyers are alleged to have engaged in acts of misconduct, informations shall be filed against each lawyer individually.

(2) The information shall be signed by one of the following: the Chief Disciplinary Counsel; the division chair or a majority of the members of the division of the committee to which the matter was assigned; the Deputy Chief Disciplinary Counsel; staff counsel; or the special representative of the division of the committee to which the matter was assigned.

(3) An information shall not be filed unless approved by the Chief Disciplinary Counsel. The Chief Disciplinary Counsel may review and revise each information as to form and substance prior to filing the information. Each information shall include the name and address of the person designated by the Chief Disciplinary Counsel as counsel of record for the informant.

(4) The information shall be served on the respondent as provided in Rule

5.125

, and a copy shall be delivered to the Chief Disciplinary Counsel and the chair of the Advisory Committee. The information served on the respondent 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 chair of the Advisory Committee and the Chief Disciplinary Counsel as a part of the record of the proceedings.

(5) The information shall be accompanied by a notice that the respondent shall file an answer or other response with the chair of the Advisory Committee and serve a copy on the counsel of record for the informant and the Chief Disciplinary Counsel, within 30 days after the service of the information on the respondent. Such notice shall also include a statement that all pleadings, records, and proceedings are subject to Rule

5.31

. The notice shall include a statement that failure to timely respond will result in the filing of a notice of default pursuant to Rule

5.13(g)

(Adopted June 20, 1995, effective January 1, 1996. Amended February 13, 1998, effective March 1, 1998; Amended May 12, 2009, effective July 1, 2009; May 31, 2022, effective January 1, 2023; November 22, 2022, effective January 1, 2023.)