Supreme Court of Missouri
en banc
October 22, 2018
Effective January 1, 2019
Effective January 1, 2019
In re:
(1) Repeal of subdivision (a) of subdivision 5.30, entitled "Opinions and Regulations by Advisory Committee," and subdivisions (b) and (c) of subdivision 5.31, entitled "Records of Investigations and Formal Proceedings," of Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of new subdivisions (a) and (d) of subdivision 5.30, entitled "Opinions and Regulations by Advisory Committee," and new subdivisions (b) and (c) of subdivision 5.31, entitled "Records of Investigations and Formal Proceedings."
(2) Repeal of the "Advisory Committee Regulation Re Rule 5.31" pursuant to subdivision 5.31, entitled "Records of Investigations and Formal Proceedings," of Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of a new "Advisory Committee Regulation Re Rule 5.31" pursuant to subdivision 5.31, entitled "Records of Investigations and Formal Proceedings."
ORDER
1. It is ordered that effective January 1, 2019, subdivision 5.30(a) and subdivisions 5.31(b) and (c) of Rule 5 be and the same are hereby repealed and new subdivisions 5.30(a) and (d), and new subdivisions 5.31(b) and (c) adopted in lieu thereof to read as follows:
5.30 OPINIONS AND REGULATIONS BY ADVISORY COMMITTEE
(a) The advisory committee may give formal opinions as to the interpretations of Rules 4, 5, and 6, and the amendments or additions thereto. Formal opinions of the advisory committee shall be published in the Journal of The Missouri Bar after adoption thereof.
(a) The advisory committee may give formal opinions as to the interpretations of Rules 4, 5, and 6, and the amendments or additions thereto. Formal opinions of the advisory committee shall be published in the Journal of The Missouri Bar after adoption thereof.
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(d) The advisory committee may promulgate regulations necessary to implement Rules 4, 5, and 6. The regulations shall be consistent with the provisions of these rules and shall be submitted to this Court for review; they shall become effective 60 days after submission unless disapproved by this Court. This Court may promulgate, amend, revise, or rescind any regulation. Copies of any such regulations to Rules 4, 5, and 6 shall be published in a publication of general distribution to all lawyers and shall be furnished to interested parties upon request.
5.31 RECORDS OF INVESTIGATIONS AND FORMAL PROCEEDINGS
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(b) Public documents and proceedings.
(c) Protective Orders and Closing Records After Disposition.
A protective order may be issued upon application, or on the motion of the presiding officer or the chair of the advisory committee, and for good cause shown to protect the interests of a complainant, witness, third party, or respondent.
If a disciplinary hearing panel recommends dismissal of an information and the chief disciplinary counsel accepts the recommendation, records of the information shall be confidential upon request of the respondent.
If this Court dismisses an information, the respondent may move to have records of the information sealed from public access.
(1) Upon the filing of an information and an answer or other responsive pleading with the advisory committee, all materials filed in connection with the information and all related proceedings are public unless a protective order is issued.
(2) The advisory committee may adopt regulations regarding media access and the recording of open disciplinary hearings subject to approval by this Court.
(3) A written admonition becomes public upon its acceptance.
(4) Upon the filing of an information in this Court, whether as an initial matter or after proceedings before a disciplinary hearing panel, all materials filed in connection with the information are public unless otherwise ordered by this Court or protected by a protective order issued pursuant to Rule 5.31(c).
(5) All social security numbers and financial account numbers shall be redacted from any materials that are public except for the last four digits of such numbers. The responsibility for redacting such information rests solely with counsel, the parties, or any other person preparing or filing the document.
(6) The following aspects of otherwise public proceedings shall remain confidential:
(2) The advisory committee may adopt regulations regarding media access and the recording of open disciplinary hearings subject to approval by this Court.
(3) A written admonition becomes public upon its acceptance.
(4) Upon the filing of an information in this Court, whether as an initial matter or after proceedings before a disciplinary hearing panel, all materials filed in connection with the information are public unless otherwise ordered by this Court or protected by a protective order issued pursuant to Rule 5.31(c).
(5) All social security numbers and financial account numbers shall be redacted from any materials that are public except for the last four digits of such numbers. The responsibility for redacting such information rests solely with counsel, the parties, or any other person preparing or filing the document.
(6) The following aspects of otherwise public proceedings shall remain confidential:
(A) Deliberations by a disciplinary hearing panel or special master;
(B) Deliberations of and work product prepared by the chief disciplinary counsel, the chief disciplinary counsel's staff, the advisory committee, and the regional disciplinary committees.
(B) Deliberations of and work product prepared by the chief disciplinary counsel, the chief disciplinary counsel's staff, the advisory committee, and the regional disciplinary committees.
(c) Protective Orders and Closing Records After Disposition.
A protective order may be issued upon application, or on the motion of the presiding officer or the chair of the advisory committee, and for good cause shown to protect the interests of a complainant, witness, third party, or respondent.
(1) A protective order may be issued by the chair of the advisory committee prior to the appointment of a disciplinary hearing panel or special master. The special master, or the disciplinary hearing panel may issue a protective order from the time of its appointment until an information, if any, is filed in this Court.
(2) A protective order may prohibit the disclosure of specific information and direct that the proceedings be conducted so as to implement the order including, but not limited to, an order that the hearing be conducted in such a way as to preserve the confidentiality of the information that is the subject of the application.
(3) Special consideration shall be given to an application for a protective order regarding information that is confidential or privileged by operation of law.
(4) When good cause is shown and a protective order is necessary, the order should be written as narrowly as is practicably feasible.
(5) Once issued, a protective order is effective throughout the disciplinary proceeding, including disposition by this Court if the matter is reviewed by this Court, but is subject to withdrawal or modification.
(6) Once a protective order issues, parties must file all subsequent documents in accordance with the terms of such protective order, including any required redactions.
(2) A protective order may prohibit the disclosure of specific information and direct that the proceedings be conducted so as to implement the order including, but not limited to, an order that the hearing be conducted in such a way as to preserve the confidentiality of the information that is the subject of the application.
(3) Special consideration shall be given to an application for a protective order regarding information that is confidential or privileged by operation of law.
(4) When good cause is shown and a protective order is necessary, the order should be written as narrowly as is practicably feasible.
(5) Once issued, a protective order is effective throughout the disciplinary proceeding, including disposition by this Court if the matter is reviewed by this Court, but is subject to withdrawal or modification.
(6) Once a protective order issues, parties must file all subsequent documents in accordance with the terms of such protective order, including any required redactions.
If a disciplinary hearing panel recommends dismissal of an information and the chief disciplinary counsel accepts the recommendation, records of the information shall be confidential upon request of the respondent.
If this Court dismisses an information, the respondent may move to have records of the information sealed from public access.
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2. It is ordered that effective January 1, 2019, the "Advisory Committee Regulation Re Rule 5.31" pursuant to subdivision 5.31 of Rule 5 be and the same is hereby repealed and a new "Advisory Committee Regulation Re Rule 5.31" adopted in lieu thereof to read as attached.
3. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
4. It is ordered that this order and attachment be published in the South Western Reporter.
Day – to – Day
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ZEL M. FISCHER
Chief Justice
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ZEL M. FISCHER
Chief Justice