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Clerk Handbooks

Supreme Court Rules




Section/Rule:

5.175

Subject:

Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon

Publication / Adopted Date:

January 1, 2023

Topic:

Probation

Revised / Effective Date:



5.175 Probation

(a) Eligibility. A lawyer is eligible for probation, or stayed suspension with probation, if the lawyer: (b) Conditions. (c) Costs. The lawyer is responsible for all costs related to meeting the conditions of probation including, but not limited to, evaluation, training, treatment, and supervision. Failure to pay these costs prior to termination of probation shall constitute a violation of probation.

(d) Monitoring Probation. The Chief Disciplinary Counsel shall monitor the lawyer's compliance with the conditions of probation. The Chief Disciplinary Counsel shall determine all reporting requirements unless the Court designates otherwise. When appropriate, the Chief Disciplinary Counsel may designate a portion of the monitoring role to the Intervention Committee, a regional disciplinary committee, or may contract with people or entities to assist with monitoring the lawyer. In cases in which the Chief Disciplinary Counsel has delegated some or all of the monitoring responsibility, additional reports regarding the progress of the lawyer shall be submitted by the monitor to the Chief Disciplinary Counsel.

(e) Violations.
(f) Termination of Probation. Not more than 30 days and not fewer than 15 days prior to the expiration of the period of probation, the lawyer may file with this Court an application for an order of successful completion of the probation.
(g) Independent Charges. A motion for revocation of a lawyer's probation does not preclude the Chief Disciplinary Counsel from filing independent disciplinary charges based on the same conduct as alleged in the motion.

(h) Reinstatement on Probation. Probation may be imposed by the Court as a condition of reinstatement after suspension or disbarment pursuant to Rule 5.28. Protection of the public and the integrity of the legal profession shall be the primary issues in determining whether the person will be permitted to practice on probation. (Adopted May 31, 2022, effective January 1, 2023.)