Supreme Court Rules - Rule 12 - Rules Governing the Missouri Bar and the Judiciary - Commission on Retirement Removal and Discipline: Removal, Suspension, or Other Discipline - Investigation

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Supreme Court Rules

		Section/Rule:	12.07
Subject:	Rule 12 - Rules Governing the Missouri Bar and the Judiciary - Commission on Retirement Removal and Discipline	Publication / Adopted Date:	November 12, 1987
Topic:	Removal, Suspension, or Other Discipline - Investigation - Further Proceedings	Revised / Effective Date:	July 1, 2024

12.07. Removal, Suspension, or Other Discipline - Investigation - Further Proceedings

(a) Investigation. Upon receipt of a complaint that a judge or a member of any judicial commission or a member of the Commission has committed a crime or is guilty of misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense involving moral turpitude, or oppression in office, the Commission shall make an investigation thereof. The Commission may require any such complaint be in writing and verified and that it allege facts. The Commission shall not be required to investigate such complaint if it is obviously unfounded or frivolous.

The judge or commission member shall be notified of the investigation, the nature of the complaint against him or her, and shall be afforded reasonable opportunity in the course of the investigation to present such matters as he or she may choose. The notice shall be given by prepaid registered or certified mail, addressed to the judge or commission member at his or her last known residence.

(b) Proceedings After Completion of Investigation. After completion of an investigation:

(1) Unless at least four members of the Commission find that there is probable cause to believe the person under investigation is guilty, the Commission shall terminate the investigation, notify the person under investigation and the complainant and close the file.

(2) If at least four members of the Commission find there is probable cause to believe the person who is under investigation is guilty in any of the respects in this Rule 12.07 and further find that a formal proceeding should be instituted, the Commission shall institute such formal proceedings unless the person shall forthwith resign, and the procedure set forth in

Rules 12.09 through 12.21

shall be applicable.Up to two Commission members may attend a formal proceeding by telephone conference, video conference, or similar available technologies if the respondent judge does not object or the Commission chair expressly determines that it is in the public's best interest that the proceeding go forward with remote participation. In determining whether it is in the public's best interest the proceeding go forward by telephone conference, video conference, or similar available technologies, the chair should consider any objection, the nature and severity of the allegations against the respondent judge, the health and safety of the participants, and the effect of delay.

(c) Proceedings After Completion of Formal Proceedings. Upon completion of the formal proceedings, if at least four members of the Commission who have heard all the evidence find that the person proceeded against is guilty and further find that such person should be removed from office, suspended from the performance of his or her duties for a period of time, or otherwise disciplined, the Commission shall make written findings of fact and conclusions of law with respect to the issues and shall make its recommendations to this Court.

The Commission shall prepare a transcript of the record of all evidence and of all proceedings therein, which shall also include its findings of fact and conclusions of law and recommendations, and shall file two copies thereof with the clerk of this Court.

After respondent has had an opportunity to proceed as provided in Rule 12.08, this Court shall review the record, consider the recommendation of the Commission and make such order as to respondent as it deems just.

(Former Rule 12.08 adopted June 1, 1971, effective January 1, 1972. Amended effective September 21, 1979; June 9, 1980; amended December 3, 1986, effective January 1, 1987; amended and renumbered as Rule 12.07 November 12, 1987, effective December 1, 1987; June 4, 2024, effective July 1, 2024.)