Supreme Court Rules - Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon: Disciplinary Hearing Panels: Legal Ethics Counsel as Clerk; Role of Advisory Committee Chair; Location of Records

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	5.1255
Subject:	Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon	Publication / Adopted Date:	January 1, 2023
Topic:	Disciplinary Hearing Panels: Legal Ethics Counsel as Clerk; Role of Advisory Committee Chair; Location of Records	Revised / Effective Date:

5.1255 Disciplinary Hearing Panels: Legal Ethics Counsel as Clerk; Role of Advisory Committee Chair; Location of Records

(a) Legal Ethics Counsel as Clerk for Disciplinary Hearing Panel Proceedings. The Legal Ethics Counsel shall act as clerk on behalf of the chair of the Advisory Committee for matters filed for hearing before a disciplinary hearing panel prior to the transfer of the record to this Court pursuant to Rule 5.16(m) or (n). All filings directed to the chair of the Advisory Committee shall be submitted through the Legal Ethics Counsel.

(b) Role of the Chair of the Advisory Committee. The chair of the Advisory Committee may act in accordance with such authority as provided in this Rule 5 with the assistance of the Legal Ethics Counsel.

(c) Location and Maintenance of Records. The record shall include information produced or available to the Legal Ethics Counsel, the Chief Disciplinary Counsel, or the Court regardless of physical form or storage medium used.

(1) The record of each case shall be maintained by:

(A) The Legal Ethics Counsel until the record is transferred to the Chief Disciplinary Counsel pursuant to Rule

5.16(m) or (n)

(B) The Chief Disciplinary Counsel after the record is transferred pursuant to

5.16(m) or (n)

All requests for copies of or access to the record shall be made in writing. Any request for a copy of a transcript shall be made to the person maintaining the record. If the request is approved, the person maintaining the record shall transmit the request to the court reporter. Upon payment of any transcript fee, the court reporter shall provide the transcript directly to the person who made the request.

Portions of the transcript and any related exhibits covered by a protective order shall not be provided to a nonparty except as permitted by the terms of the protective order.

(2) Filings shall be made as specified throughout this Rule

(3) The Advisory Committee may impose a reasonable fee for copies of records.

(Adopted May 31, 2022, effective January 1, 2023.)