Supreme Court of Missouri
en banc

In re:

Repeal of subdivision 5.15, entitled "Conduct of Hearing – Appointment of Counsel," of Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of a new subdivision 5.15, entitled "Conduct of Hearing – Appointment of Counsel."
1. It is ordered that subdivision 5.15 of Rule 5 be and the same is hereby repealed and a new subdivision 5.15 adopted in lieu thereof to read as follows:

5.15 CONDUCT OF HEARING - APPOINTMENT OF COUNSEL

(a) The presiding officer of the disciplinary hearing panel assigned to hear an information shall set a date for hearing that is no more than 60 days from the date the information was assigned to the panel and shall provide at least 30 days written notice of the hearing date to the respondent and the counsel for the informant. For good cause shown, the presiding officer with the concurrence of at least one other member of the disciplinary hearing panel may allow additional time, not to exceed 90 days from the original hearing date, for completion of the hearing.

(b) The hearing shall be for the purpose of determining whether the respondent is guilty of professional misconduct. The hearing shall be conducted on the information, which can be amended at any time before submission to the panel. If any amendment substantially changes the charges, the respondent shall be given a reasonable time to respond.

(c) When requested by the respondent and upon a finding of financial inability to employ counsel, the advisory committee shall appoint or employ counsel to represent the respondent.

The request shall be filed not later than the date for filing an answer or other response pursuant to Rule 5.13 or Rule 5.14.

The request shall be consistent with Rule 77.03 and contain at least the following information:

(1) A statement of all of respondent's current assets and liabilities;

(2) Copies of all of respondent's bankruptcy petitions and orders; and

(3) Copies of respondent's state and federal personal income and business tax returns for the prior three-year period.

If the advisory committee finds counsel should be appointed or employed, it shall fix the compensation of counsel, which shall be paid from the advisory committee fund.

(d) All hearings shall be in accordance with the rules of this Court, except that discovery shall be limited to requests for production of documents, requests for admissions, and depositions, and shall be completed within the time limitations provided in Rule 5.15(a). Disputes concerning discovery shall be resolved by the presiding officer of the hearing panel. The rules of evidence for trials in the circuit courts shall apply. The burden of proof shall be on the informant to establish a violation of Rule 4 by a preponderance of the evidence. The proceedings shall be recorded.

The time requirements for the conduct of hearings contained in this Rule 5.15 are guidelines and are not jurisdictional.

2. It is ordered that notice of this order be published in the Journal of the Missouri Bar.

3. It is ordered that this order be published in the South Western Reporter.

Day – to – Day


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PATRICIA BRECKENRIDGE
Chief Justice