Supreme Court of Missouri
en banc
December 18, 2018
Effective January 1, 2019
Effective January 1, 2019
In re:
Repeal of subdivision 5.21(e), entitled "Interim Suspension and Final Discipline for Criminal Activities," of Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of a new subdivision 5.21(e), entitled "Interim Suspension and Final Discipline for Criminal Activities."
ORDER
1. It is ordered that effective January 1, 2019, subdivision 5.21(e) of Rule 5 be and the same is hereby repealed and a new subdivision 5.21(e) adopted in lieu thereof to read as follows:
5.21 INTERIM SUSPENSION AND FINAL DISCIPLINE FOR CRIMINAL ACTIVITIES
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(e) If a lawyer is subject to discipline as provided in Rule 5.21(a) because there is a final disposition of the criminal case with no information seeking an interim suspension under Rule 5.21(b) having been filed, the chief disciplinary counsel shall file an information directly in this Court seeking discipline. A certified copy of the judgment in the criminal case shall be attached to the information.
Upon the filing of the information, this Court shall cause to be served on the lawyer an order to show cause why the lawyer should not be disciplined.
The Court may impose discipline in such case without the requirement of any other proceeding or the Court may direct that disciplinary proceedings based upon the criminal case otherwise proceed as provided by this Rule 5.
Upon the filing of the information, this Court shall cause to be served on the lawyer an order to show cause why the lawyer should not be disciplined.
The Court may impose discipline in such case without the requirement of any other proceeding or the Court may direct that disciplinary proceedings based upon the criminal case otherwise proceed as provided by this Rule 5.
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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ZEL M. FISCHER
Chief Justice
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ZEL M. FISCHER
Chief Justice