Supreme Court of Missouri
en banc
November 15, 2019
Effective November 15, 2019
Effective November 15, 2019
In re:
(1) Repeal of subdivision (a) of subdivision 6.06, entitled "Return to Active Status," of Rule 6, entitled "Fees to Practice Law," and in lieu thereof adoption of a new subdivision (a) of subdivision 6.06, entitled "Return to Active Status."
(2) Repeal of Regulation 15.01, entitled "Definitions;" Regulation 15.02, entitled "Professionalism, Substance Abuse and Mental Health, Legal or Judicial Ethics and Malpractice Prevention Requirement;" Regulation 15.03, entitled "Duties of The Missouri Bar;" Regulation 15.04, entitled "Accreditation of Programs, Activities and Sponsors;" subdivision 15.05, entitled "Continuing Legal Education Requirements;" Regulation 15.05, entitled "Credit and Exemptions;" and Regulation 15.06, entitled "Reporting Requirements," of Rule 15, entitled "Continuing Legal Education," and in lieu thereof adoption of a new Regulation 15.01, entitled "Definitions;" a new Regulation 15.03, entitled "Duties of The Missouri Bar;" a new Regulation 15.04, entitled "Accreditation of Programs, Activities and Sponsors;" a new subdivision 15.05, entitled "Continuing Legal Education Requirement;" and a new Regulation 15.05, entitled "Credit and Exemptions;" and a new Regulation 15.06, entitled "Reporting Requirements."
(3) Repeal of subdivisions (a) and (b) of subdivision 18.05, entitled "Continuing Judicial Education Requirements," and Regulation 18.05, entitled "Accreditation of Programs, Seminars, Activities, and Sponsors," of Rule 18, entitled "Municipal Judge – Continuing Education Requirements and Nonlawyer Certification," and in lieu thereof adoption of new subdivisions (a) and (b) of subdivision 18.05, entitled "Continuing Judicial Education Requirements," and a new Regulation 18.05, entitled "Accreditation of Programs, Seminars, Activities, and Sponsors."
ORDER
1. It is ordered that effective November 15, 2019, subdivision (a) of subdivision 6.06 of Rule 6 be and the same is hereby repealed and a new subdivision (a) of subdivision 6.06 is adopted in lieu thereof to read as follows:
6.06 RETURN TO ACTIVE STATUS
(a) A lawyer recorded as inactive may apply to the chief disciplinary counsel to return to active status. The application shall be made on a form approved by this Court and obtained from the chief disciplinary counsel. The application shall be accompanied by the following:
(a) A lawyer recorded as inactive may apply to the chief disciplinary counsel to return to active status. The application shall be made on a form approved by this Court and obtained from the chief disciplinary counsel. The application shall be accompanied by the following:
(1) Proof of payment of all annual fees required by Rule 6.03;
(2) A certificate of good standing from every jurisdiction other than Missouri in which the applicant is licensed to practice law; and
(3) Certification from The Missouri Bar of completion of a total of at least 15 credit hours of continuing legal education within 12 months prior to the date the application is submitted. At least three of the total 15 credit hours must be devoted exclusively to accredited ethics programs, seminars, and activities, including professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency. At least one of the three ethics credit hours for accredited programs, seminars, and activities must be devoted exclusively to explicit or implicit bias, diversity, inclusion, or cultural competency.
(2) A certificate of good standing from every jurisdiction other than Missouri in which the applicant is licensed to practice law; and
(3) Certification from The Missouri Bar of completion of a total of at least 15 credit hours of continuing legal education within 12 months prior to the date the application is submitted. At least three of the total 15 credit hours must be devoted exclusively to accredited ethics programs, seminars, and activities, including professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency. At least one of the three ethics credit hours for accredited programs, seminars, and activities must be devoted exclusively to explicit or implicit bias, diversity, inclusion, or cultural competency.
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2. It is ordered that effective November 15, 2019, Regulation 15.01, Regulation 15.02, Regulation 15.03, Regulation 15.04, subdivision 15.05, Regulation 15.05, and Regulation 15.06 of Rule 15 be and the same are hereby repealed and a new Regulation 15.01, a new Regulation 15.03, a new Regulation 15.04, a new subdivision 15.05, a new Regulation 15.05, and a new Regulation 15.06 are adopted in lieu thereof to read as follows:
15.01 DEFINITIONS
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Regulation 15.01 Definitions
As used in Rules 15.01 through 15.06 and Regulations 15.01 through 15.06:
1. Accredited programs, seminars, or activities include:
2. Minutes of instruction or the equivalent do not include introductory remarks, coffee or meal breaks, or business meetings.
3. The number of credit hours of continuing legal education completed in any approved program, seminar, or activity by a lawyer shall be computed by determining the total minutes of instruction or the equivalent; dividing the total by 50; and rounding the quotient up or down to the nearest one-tenth of an hour.
4. An accredited sponsor is a sponsor all of whose programs, seminars, or activities are accredited.
5. An identified sponsor is a sponsor approved to offer a single accredited program, seminar, or activity.
6. Professionalism Programs, Seminars, or Activities.
Programs, seminars, and activities devoted to professionalism include, but are not limited to, programs, seminars, and activities or designated portions thereof with instruction concerning legal or judicial ethics; the duties of attorneys to the judicial system, courts, public, clients, and other attorneys; the concept of a profession; history of the legal profession; rules of professional conduct; comparison of the legal professions in different nations; and jurisprudence and philosophy of law.
7. Substance Abuse and Mental Health Programs, Seminars, or Activities.
Programs, seminars, and activities devoted to substance abuse and mental health include programs, seminars, and activities or designated portions thereof with instruction concerning substance abuse and mental health issues in the legal profession. Topics may include, but are not limited to, the prevention, detection, and response to substance abuse and mental health issues in the legal profession, including available lawyers' assistance programs.
8. Legal or Judicial Ethics Programs, Seminars, or Activities.
9. Malpractice Prevention Programs, Seminars, and Activities.
Programs, seminars, and activities devoted to malpractice prevention include, but are not limited to, programs, seminars, or activities or designated portions thereof with instruction concerning law office systems and procedures that reduce the possibility of professional errors and omissions and instruction concerning the malpractice potential in substantive areas of law.
10. Explicit or Implicit Bias, Diversity, Inclusion, and Cultural Competency Programs, Seminars, or Activities.
Programs, seminars, and activities in the area of explicit or implicit bias, diversity, inclusion, and cultural competency shall focus on issues in the legal profession and in the practice of law. Such programs, seminars, and activities shall not include the substantive law of illegal discrimination except to the extent that the topics set forth above are directly and substantially discussed in relationship with such topics.
11. An accredited program, seminar, or activity is not required to have a designated portion or portions devoted exclusively to professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency. An accredited program, seminar, or activity devoted exclusively to professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency must include at least 50 minutes of instruction or the equivalent, as required by Regulation 15.04.1(d). If an accredited program, seminar, or activity is not devoted exclusively to professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency, the designated portion or portions of an accredited program, seminar, or activity devoted to such topics must include at least 25 minutes of instruction or the equivalent to qualify for any credit under Rule 15.05(a)(1).
12. A lawyer may satisfy the requirements of Rule 15.05(a)(1) by completion of accredited programs, seminars, or activities or designated portions thereof devoted exclusively to professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency as designated by The Missouri Bar or an accredited sponsor. When applying for accreditation of a program, seminar, or activity pursuant to Regulation 15.04.3, any lawyer or any sponsor not accredited pursuant to Regulations 15.04.2 or 15.04.3(a) may seek designation of a program, seminar, or activity or portion thereof as satisfying the requirements of Rule 15.05(a)(1).
13. Completion of the requirements established by subdivisions (a)(1) and (a)(2) of Rule 15.05 shall be reported to The Missouri Bar on the written affidavit required under Regulation 15.06.1 by July 31 immediately following each reporting year.
As used in Rules 15.01 through 15.06 and Regulations 15.01 through 15.06:
1. Accredited programs, seminars, or activities include:
(a) programs, seminars, or activities offered by an accredited sponsor;
(b) programs, seminars, or activities offered by an identified sponsor;
(c) programs, seminars, or activities approved by The Missouri Bar pursuant to Regulation 15.04.3(c);
(d) self-study pursuant to Regulation 15.04.5;
(e) speaker or author credit pursuant to Regulation 15.05.1;
(f) programs, seminars, or activities approved as an alternative method of meeting the requirements of Rule 15 pursuant to Regulation 15.05.3; or
(g) programs, seminars, or activities for which a lawyer may receive credit pursuant to Regulations 15.05.4 and 15.05.5.
(b) programs, seminars, or activities offered by an identified sponsor;
(c) programs, seminars, or activities approved by The Missouri Bar pursuant to Regulation 15.04.3(c);
(d) self-study pursuant to Regulation 15.04.5;
(e) speaker or author credit pursuant to Regulation 15.05.1;
(f) programs, seminars, or activities approved as an alternative method of meeting the requirements of Rule 15 pursuant to Regulation 15.05.3; or
(g) programs, seminars, or activities for which a lawyer may receive credit pursuant to Regulations 15.05.4 and 15.05.5.
2. Minutes of instruction or the equivalent do not include introductory remarks, coffee or meal breaks, or business meetings.
3. The number of credit hours of continuing legal education completed in any approved program, seminar, or activity by a lawyer shall be computed by determining the total minutes of instruction or the equivalent; dividing the total by 50; and rounding the quotient up or down to the nearest one-tenth of an hour.
4. An accredited sponsor is a sponsor all of whose programs, seminars, or activities are accredited.
5. An identified sponsor is a sponsor approved to offer a single accredited program, seminar, or activity.
6. Professionalism Programs, Seminars, or Activities.
Programs, seminars, and activities devoted to professionalism include, but are not limited to, programs, seminars, and activities or designated portions thereof with instruction concerning legal or judicial ethics; the duties of attorneys to the judicial system, courts, public, clients, and other attorneys; the concept of a profession; history of the legal profession; rules of professional conduct; comparison of the legal professions in different nations; and jurisprudence and philosophy of law.
7. Substance Abuse and Mental Health Programs, Seminars, or Activities.
Programs, seminars, and activities devoted to substance abuse and mental health include programs, seminars, and activities or designated portions thereof with instruction concerning substance abuse and mental health issues in the legal profession. Topics may include, but are not limited to, the prevention, detection, and response to substance abuse and mental health issues in the legal profession, including available lawyers' assistance programs.
8. Legal or Judicial Ethics Programs, Seminars, or Activities.
(a) Programs, seminars, and activities devoted to legal or judicial ethics include, but are not limited to, programs, seminars, or activities or designated portions thereof with instruction concerning Rules 2 and 4 of the Supreme Court Rules and the American Bar Association Model Rules of Professional Conduct and Code of Judicial Conduct.
(b) Legal or judicial ethics programs, seminars, or activities do not include programs, seminars, or activities or designated portions thereof with instruction on topics such as attorney fees, client development, law firm administration, marketing or advertising, law office economics, and practice systems except to the extent that the topics set forth in (a) above are directly and substantially discussed in relationship with such topics.
(b) Legal or judicial ethics programs, seminars, or activities do not include programs, seminars, or activities or designated portions thereof with instruction on topics such as attorney fees, client development, law firm administration, marketing or advertising, law office economics, and practice systems except to the extent that the topics set forth in (a) above are directly and substantially discussed in relationship with such topics.
9. Malpractice Prevention Programs, Seminars, and Activities.
Programs, seminars, and activities devoted to malpractice prevention include, but are not limited to, programs, seminars, or activities or designated portions thereof with instruction concerning law office systems and procedures that reduce the possibility of professional errors and omissions and instruction concerning the malpractice potential in substantive areas of law.
10. Explicit or Implicit Bias, Diversity, Inclusion, and Cultural Competency Programs, Seminars, or Activities.
Programs, seminars, and activities in the area of explicit or implicit bias, diversity, inclusion, and cultural competency shall focus on issues in the legal profession and in the practice of law. Such programs, seminars, and activities shall not include the substantive law of illegal discrimination except to the extent that the topics set forth above are directly and substantially discussed in relationship with such topics.
11. An accredited program, seminar, or activity is not required to have a designated portion or portions devoted exclusively to professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency. An accredited program, seminar, or activity devoted exclusively to professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency must include at least 50 minutes of instruction or the equivalent, as required by Regulation 15.04.1(d). If an accredited program, seminar, or activity is not devoted exclusively to professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency, the designated portion or portions of an accredited program, seminar, or activity devoted to such topics must include at least 25 minutes of instruction or the equivalent to qualify for any credit under Rule 15.05(a)(1).
12. A lawyer may satisfy the requirements of Rule 15.05(a)(1) by completion of accredited programs, seminars, or activities or designated portions thereof devoted exclusively to professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency as designated by The Missouri Bar or an accredited sponsor. When applying for accreditation of a program, seminar, or activity pursuant to Regulation 15.04.3, any lawyer or any sponsor not accredited pursuant to Regulations 15.04.2 or 15.04.3(a) may seek designation of a program, seminar, or activity or portion thereof as satisfying the requirements of Rule 15.05(a)(1).
13. Completion of the requirements established by subdivisions (a)(1) and (a)(2) of Rule 15.05 shall be reported to The Missouri Bar on the written affidavit required under Regulation 15.06.1 by July 31 immediately following each reporting year.
15.03 DUTIES OF THE MISSOURI BAR
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Regulation 15.03 Duties of The Missouri Bar
1. Pursuant to Rule 15.03(d), The Missouri Bar shall report in writing to the Supreme Court of Missouri on or before December 31 of each year. The report shall include, but not be limited to, the number of lawyers referred to the chief disciplinary counsel and the Commission on Retirement, Removal and Discipline for failure to comply with Rule 15 during the previous reporting year.
2. After February 1, 1988, notice of all Regulations to be promulgated implementing Rule 15 shall be sent 60 days prior to promulgation to the Supreme Court of Missouri for comment. These initial Regulations shall take effect on the date directed by the Supreme Court of Missouri.
1. Pursuant to Rule 15.03(d), The Missouri Bar shall report in writing to the Supreme Court of Missouri on or before December 31 of each year. The report shall include, but not be limited to, the number of lawyers referred to the chief disciplinary counsel and the Commission on Retirement, Removal and Discipline for failure to comply with Rule 15 during the previous reporting year.
2. After February 1, 1988, notice of all Regulations to be promulgated implementing Rule 15 shall be sent 60 days prior to promulgation to the Supreme Court of Missouri for comment. These initial Regulations shall take effect on the date directed by the Supreme Court of Missouri.
15.04 ACCREDITATION OF PROGRAMS, ACTIVITIES AND SPONSORS
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Regulation 15.04 Accreditation of Programs, Seminars, Activities, and Sponsors
1. Standards. In addition to the standards of Rule 15.04, the following standards apply to accredited programs, seminars, or activities offered by an accredited or identified sponsor or programs, seminars, or activities accredited pursuant to Regulation 15.04.3(c).
2. Accredited Sponsors by Designation. The following sponsors of programs, seminars, or activities are designated as accredited sponsors: Advanced Science and Technology Adjudication Resource Center, Inc.; American Bar Association; American Judicature Society; The American Law Institute; all United States Armed Forces legal service schools; the United States Coast Guard legal service school; Conference of Chief Justices; Conference of State Court Administrators; Missouri Association of Trial Attorneys; The Missouri Bar; Bar Association of Metropolitan St. Louis; St. Louis County Bar Association; Kansas City Metropolitan Bar Association; National Academy of Arbitrators; National Bar Association; National Center for State Courts and its affiliates; National Courts Science Institute; National Judicial College; the Supreme Court of Missouri and any committee appointed by the Court; Office of State Courts Administrator; all law schools approved by the section of legal education and admissions to the bar of the American Bar Association; Missouri Office of Prosecution Services; Missouri Organization of Defense Lawyers; the Office of the State Public Defender; and the Practicing Law Institute.
3. Accreditation Process.
4. Sponsor Reports and Recordkeeping.
5. Self-Study.
6. In-House Program, Seminar, or Activity Accreditation.
7. Intellectual and Practical Content Substantially Equivalent to The Missouri Bar Annual Law Update Program.
8. Deadline Waivers.
By its own application or upon written request for good cause shown, or in the interest of justice, The Missouri Bar shall waive application and reporting deadlines in Regulation 15.04. The application deadlines of Regulation 15.04.3 are waived for applications filed within 60 days after the date of the publication of these Regulations in a publication of general distribution to all lawyers as required by Rule 15.03(f).
9. Records Confidential.
1. Standards. In addition to the standards of Rule 15.04, the following standards apply to accredited programs, seminars, or activities offered by an accredited or identified sponsor or programs, seminars, or activities accredited pursuant to Regulation 15.04.3(c).
(a) It is desirable, although not required, that thorough, high quality written materials be made available to all participants at or before the time the program, seminar, or activity is presented.
(b) The program, seminar, or activity must be conducted in a comfortable physical setting, conducive to learning, and it is desirable, although not required, that there be suitable writing surfaces if the program, seminar, or activity is conducted in a lecture format.
(c) Programs, seminars, or activities that utilize materials electronically presented live, recorded, or reproduced may be accredited programs, seminars, and activities. Such programs, seminars, or activities will not be considered self-study programs, seminars, or activities if a qualified instructor is available, either in person or via telephone or other means of communication, to comment and answer questions.
(d) The program, seminar, or activity must include at least 50 minutes of instruction or the equivalent.
(e) Programs, seminars, or activities that cross professional lines, such as an accounting tax program or a medical legal program, shall be accredited programs, seminars, or activities if the standards of Rule 15.04 and Regulation 15.04.1 are satisfied.
(f) At the conclusion of an approved program, seminar, or activity conducted after July 1, 1988, each participating lawyer must be given the opportunity to complete an evaluation questionnaire addressing the quality, effectiveness, and usefulness of the particular program, seminar, or activity. Summary results of the questionnaires applicable to each speaker must be provided to that speaker in a timely fashion. Sponsors must maintain the questionnaires for one year following a program, seminar, or activity pending a request for submission of them or a summary thereof to The Missouri Bar.
(b) The program, seminar, or activity must be conducted in a comfortable physical setting, conducive to learning, and it is desirable, although not required, that there be suitable writing surfaces if the program, seminar, or activity is conducted in a lecture format.
(c) Programs, seminars, or activities that utilize materials electronically presented live, recorded, or reproduced may be accredited programs, seminars, and activities. Such programs, seminars, or activities will not be considered self-study programs, seminars, or activities if a qualified instructor is available, either in person or via telephone or other means of communication, to comment and answer questions.
(d) The program, seminar, or activity must include at least 50 minutes of instruction or the equivalent.
(e) Programs, seminars, or activities that cross professional lines, such as an accounting tax program or a medical legal program, shall be accredited programs, seminars, or activities if the standards of Rule 15.04 and Regulation 15.04.1 are satisfied.
(f) At the conclusion of an approved program, seminar, or activity conducted after July 1, 1988, each participating lawyer must be given the opportunity to complete an evaluation questionnaire addressing the quality, effectiveness, and usefulness of the particular program, seminar, or activity. Summary results of the questionnaires applicable to each speaker must be provided to that speaker in a timely fashion. Sponsors must maintain the questionnaires for one year following a program, seminar, or activity pending a request for submission of them or a summary thereof to The Missouri Bar.
2. Accredited Sponsors by Designation. The following sponsors of programs, seminars, or activities are designated as accredited sponsors: Advanced Science and Technology Adjudication Resource Center, Inc.; American Bar Association; American Judicature Society; The American Law Institute; all United States Armed Forces legal service schools; the United States Coast Guard legal service school; Conference of Chief Justices; Conference of State Court Administrators; Missouri Association of Trial Attorneys; The Missouri Bar; Bar Association of Metropolitan St. Louis; St. Louis County Bar Association; Kansas City Metropolitan Bar Association; National Academy of Arbitrators; National Bar Association; National Center for State Courts and its affiliates; National Courts Science Institute; National Judicial College; the Supreme Court of Missouri and any committee appointed by the Court; Office of State Courts Administrator; all law schools approved by the section of legal education and admissions to the bar of the American Bar Association; Missouri Office of Prosecution Services; Missouri Organization of Defense Lawyers; the Office of the State Public Defender; and the Practicing Law Institute.
3. Accreditation Process.
(a) Any sponsor desiring accreditation of all its continuing legal education programs, seminars, or activities must apply to The Missouri Bar for accredited sponsor status not less than 60 days prior to presentation of its first program, seminar, or activity as an "accredited sponsor." Application shall be made on forms provided by The Missouri Bar and applicants may be required to provide information that demonstrates the applicant will satisfy the standards of Rule 15.04 and Regulation 15.04.1.
(b) Any sponsor not accredited pursuant to Regulations 15.04.2 or 15.04.3(a) that desires approval of an individual program, seminar, or activity must apply to The Missouri Bar for identified sponsor status not later than 60 days prior to the date on which the program, seminar, or activity is scheduled. Application shall be made on forms provided by The Missouri Bar and such applicants may be required to provide information that demonstrates that the program, seminar, or activity will satisfy the standards of Rule 15.04 and Regulation 15.04.1. The applicant may also be required to include a description of any written materials to be used in the program, seminar, or activity.
(c) Any lawyer may seek accreditation of a program, seminar, or activity by a sponsor other than an accredited or identified sponsor. The lawyer should apply either before the occurrence of the program, seminar, or activity or within 30 days after completion of the program, seminar, or activity. The applicant lawyer should provide sufficient information to establish that the standards of Rule 15.04 and Regulation 15.04.1 are satisfied by the program, seminar, or activity. Ordinarily, a brochure published by the sponsor of the program, seminar, or activity and a description of any written materials shall be sufficient information to make a determination of whether the program, seminar, or activity satisfies the standards of Rule 15.04 and Regulation 15.04.1.
(d) Upon application of a lawyer or sponsor and the submission of sufficient information to make a determination, The Missouri Bar shall designate the programs, seminars, and activities or portions of activities that satisfy the requirements of Rule 15.05(a)(1).
(e) Upon application of a lawyer or sponsor and the submission of sufficient information to establish that the standards of Rule 15.05(d) and Regulation 15.04.7 are satisfied, The Missouri Bar shall designate a program, seminar, or activity as substantially equivalent to The Missouri Bar Annual Law Update Program.
(f) The Missouri Bar shall advise the applicant in writing within 30 days of the receipt of the application whether the application for accredited or identified sponsor status or for accreditation or designation of a program, seminar, or activity is approved or disapproved. Applicants denied approval may submit a letter of reconsideration setting forth the basis for reconsideration to The Missouri Bar within 15 days of the receipt of notice of disapproval.
(b) Any sponsor not accredited pursuant to Regulations 15.04.2 or 15.04.3(a) that desires approval of an individual program, seminar, or activity must apply to The Missouri Bar for identified sponsor status not later than 60 days prior to the date on which the program, seminar, or activity is scheduled. Application shall be made on forms provided by The Missouri Bar and such applicants may be required to provide information that demonstrates that the program, seminar, or activity will satisfy the standards of Rule 15.04 and Regulation 15.04.1. The applicant may also be required to include a description of any written materials to be used in the program, seminar, or activity.
(c) Any lawyer may seek accreditation of a program, seminar, or activity by a sponsor other than an accredited or identified sponsor. The lawyer should apply either before the occurrence of the program, seminar, or activity or within 30 days after completion of the program, seminar, or activity. The applicant lawyer should provide sufficient information to establish that the standards of Rule 15.04 and Regulation 15.04.1 are satisfied by the program, seminar, or activity. Ordinarily, a brochure published by the sponsor of the program, seminar, or activity and a description of any written materials shall be sufficient information to make a determination of whether the program, seminar, or activity satisfies the standards of Rule 15.04 and Regulation 15.04.1.
(d) Upon application of a lawyer or sponsor and the submission of sufficient information to make a determination, The Missouri Bar shall designate the programs, seminars, and activities or portions of activities that satisfy the requirements of Rule 15.05(a)(1).
(e) Upon application of a lawyer or sponsor and the submission of sufficient information to establish that the standards of Rule 15.05(d) and Regulation 15.04.7 are satisfied, The Missouri Bar shall designate a program, seminar, or activity as substantially equivalent to The Missouri Bar Annual Law Update Program.
(f) The Missouri Bar shall advise the applicant in writing within 30 days of the receipt of the application whether the application for accredited or identified sponsor status or for accreditation or designation of a program, seminar, or activity is approved or disapproved. Applicants denied approval may submit a letter of reconsideration setting forth the basis for reconsideration to The Missouri Bar within 15 days of the receipt of notice of disapproval.
4. Sponsor Reports and Recordkeeping.
(a) By July 31 of each year, commencing July 31, 1988, each accredited sponsor shall file a report with The Missouri Bar, on a form provided by The Missouri Bar, that lists all accredited programs, seminars, and activities conducted by the sponsor during the preceding reporting year and the number of credit hours for each program, seminar, or activity. The report shall indicate the number of credit hours of each program, seminar, or activity designated that satisfy the requirements of Rule 15.05(a)(1).
(b) Each accredited or identified sponsor shall retain records of attendance at all programs, seminars, and activities for at least three years after the date of completion of the program, seminar, or activity. A record of attendance by an individual lawyer shall be made available to the lawyer, his or her attorney, or The Missouri Bar upon request.
(b) Each accredited or identified sponsor shall retain records of attendance at all programs, seminars, and activities for at least three years after the date of completion of the program, seminar, or activity. A record of attendance by an individual lawyer shall be made available to the lawyer, his or her attorney, or The Missouri Bar upon request.
5. Self-Study.
(a) Any lawyer may receive up to six hours of self-study credit in a reporting year by studying law-related materials, including, but not limited to, videotapes, audiotapes, and advance sheets, in furtherance of general academic and professional competence.
(b) Self-study credit may not be reported to satisfy the requirements of Rule 15.05(a)(1) unless approval is obtained pursuant to Rule 15.05(c) and Regulation 15.05.3 based upon hardship or extenuating circumstances.
(c) A lawyer may receive in excess of six credit hours for self-study in a reporting year if the excess is approved by The Missouri Bar as an alternative method of compliance with Rule 15 pursuant to Rule 15.05(c) and Regulation 15.05.3.
(d) Self-study credit shall be accounted for on the affidavit required by Rule 15.06.1.
(b) Self-study credit may not be reported to satisfy the requirements of Rule 15.05(a)(1) unless approval is obtained pursuant to Rule 15.05(c) and Regulation 15.05.3 based upon hardship or extenuating circumstances.
(c) A lawyer may receive in excess of six credit hours for self-study in a reporting year if the excess is approved by The Missouri Bar as an alternative method of compliance with Rule 15 pursuant to Rule 15.05(c) and Regulation 15.05.3.
(d) Self-study credit shall be accounted for on the affidavit required by Rule 15.06.1.
6. In-House Program, Seminar, or Activity Accreditation.
(a) A private law firm, corporate law department, federal, state or local government agency or similar entity may apply for accredited sponsor status or identified sponsor status and shall be approved or disapproved for accredited or identified sponsor status under the same standards applicable to all other applicants for accredited or identified sponsor status.
(b) An in-house program, seminar, or activity, such as a program, seminar, or activity limited only to the lawyers of a private law firm, corporate law department, or a federal, state or local government agency, that is offered by an accredited or identified sponsor, shall be an accredited program, seminar, or activity if the standards of Rule 15.04 and Regulation 15.04.1 are satisfied.
(b) An in-house program, seminar, or activity, such as a program, seminar, or activity limited only to the lawyers of a private law firm, corporate law department, or a federal, state or local government agency, that is offered by an accredited or identified sponsor, shall be an accredited program, seminar, or activity if the standards of Rule 15.04 and Regulation 15.04.1 are satisfied.
7. Intellectual and Practical Content Substantially Equivalent to The Missouri Bar Annual Law Update Program.
(a) At least nine hours of instruction, and
(b) the program content includes information on substantially all of the following topics: practice and procedure before Missouri and federal courts, domestic relations, estate planning and administration, business organizations, real estate, criminal practice and workers' compensation. The instruction on substantial law topics shall focus upon Missouri law and the program shall include practice tips in the various subject areas as well as instruction on substantive law.
(b) the program content includes information on substantially all of the following topics: practice and procedure before Missouri and federal courts, domestic relations, estate planning and administration, business organizations, real estate, criminal practice and workers' compensation. The instruction on substantial law topics shall focus upon Missouri law and the program shall include practice tips in the various subject areas as well as instruction on substantive law.
8. Deadline Waivers.
By its own application or upon written request for good cause shown, or in the interest of justice, The Missouri Bar shall waive application and reporting deadlines in Regulation 15.04. The application deadlines of Regulation 15.04.3 are waived for applications filed within 60 days after the date of the publication of these Regulations in a publication of general distribution to all lawyers as required by Rule 15.03(f).
9. Records Confidential.
(a) Unless otherwise directed by the Supreme Court of Missouri, the files, records, and proceedings to The Missouri Bar, as they may relate to or arise out of a lawyer attempting to satisfy the continuing legal education requirements of Rule 15, shall be confidential and shall not be disclosed except in furtherance of the duties of The Missouri Bar or as provided in Regulation 15.04.9(b).
(b) The files, records, and proceedings as they may relate to or arise out of a lawyer attempting to satisfy the continuing legal educational requirements of Rule 15 shall be disclosed to the lawyer affected upon written request by the lawyer affected or his or her attorney.
(c) The Missouri Bar shall retain the affidavits of compliance for the three reporting years prior to the current reporting year. Affidavits may be retained in electronic format so long as sufficient information is included to allow for the identification and retrieval of each affidavit. Affidavits not required to be retained may be disposed of by The Missouri Bar but only in a manner that preserves the confidentiality of the affidavits required by Regulation 15.04.9(a).
(b) The files, records, and proceedings as they may relate to or arise out of a lawyer attempting to satisfy the continuing legal educational requirements of Rule 15 shall be disclosed to the lawyer affected upon written request by the lawyer affected or his or her attorney.
(c) The Missouri Bar shall retain the affidavits of compliance for the three reporting years prior to the current reporting year. Affidavits may be retained in electronic format so long as sufficient information is included to allow for the identification and retrieval of each affidavit. Affidavits not required to be retained may be disposed of by The Missouri Bar but only in a manner that preserves the confidentiality of the affidavits required by Regulation 15.04.9(a).
15.05 CONTINUING LEGAL EDUCATION REQUIREMENTS
(a) After July 1, 1988, except as provided in Rule 15.05(c), each lawyer shall complete and report, during each reporting year, a total of at least 15 credit hours of accredited programs, seminars, and activities. For each reporting year:
(1) at least three of the total 15 credit hours must be devoted exclusively to accredited ethics programs, seminars, and activities, including professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency programs, seminars, and activities; and
(2) at least one of the three ethics credit hours required under Rule 15.05(a)(1) must be devoted exclusively to explicit or implicit bias, diversity, inclusion, or cultural competency.
(b) Completion of the requirements of Rule 15.05(a) shall be reported to The Missouri Bar as specified by The Missouri Bar. A lawyer reporting completion of more than a total of 15 credit hours of accredited programs, seminars, and activities during one reporting year may receive credit in the next succeeding reporting year for the excess credit hours.
(c) A lawyer is not required to complete or report any credit hours in the reporting year in which the lawyer is initially licensed to practice law in this state except as provided in Rule 15.05(d). Any lawyer not an active judge who has not actively practiced law in Missouri during a reporting year or has given notice of inactive status pursuant to Rule 6.03 shall not be required to complete or report any credit hours during that reporting year. Upon written application and for good cause shown, waivers or extensions of time of the credit hour or reporting requirements of this Rule 15 may be granted in individual cases or classes of cases involving hardship or extenuating circumstances.
(d) A person seeking admission under Rule 8.10 shall, prior to being issued a license, attend The Missouri Bar Annual Law Update Program or a continuing legal education program accredited as provided in this Rule 15 that has intellectual and practical content substantially equivalent to The Missouri Bar Annual Law Update Program. Attendance shall be no earlier than 12 months prior to the date the application for admission under Rule 8.10 is filed. The person shall report the completion of this requirement to the board of law examiners as the board shall specify.
(e) For each reporting year, not more than six credit hours may consist of self-study, videotape, audiotape, or other similar accredited programs, seminars, or activities. A speaker at an accredited program, seminar, or activity may receive credit for preparation and presentation time. An author may receive credit for research and composition time for written materials that have been or will be published by an accredited sponsor, in a professional journal, or as a monograph.
(f) Each judge of the family court division and each commissioner of the family court division shall complete not later than six months after designation or appointment a course of training in family law accredited by this Court's trial judge education committee. This requirement shall be in addition to the requirements contained in Rule 15.05(a).
Each year thereafter, such judges and commissioners shall complete at least six hours of continuing legal education courses accredited by this Court's trial judge education committee relating to family court issues and law. The hours completed on an annual basis may be used to fulfill the requirements of Rule 15.05(a).
Completion of the requirements of this Rule 15.05(f) shall be reported to The Missouri Bar as specified by The Missouri Bar.
This Rule 15.05(f) shall apply to all reporting years beginning on or after July 1, 1993. This Rule 15.05(f) shall not apply to judges who are temporarily transferred or assigned to family court divisions; however, judges who have met the requirements of this Rule 15.05(f) shall be preferred for such transfers and assignments.
(g) Each lawyer who is a member of the general assembly may report in each reporting year credit for 15 hours of continuing legal education for service during that reporting year's regular legislative session. Such credits shall not satisfy the Rule 15.05(a)(1) requirement for three credit hours devoted exclusively to ethics programs, seminars, or activities.
Regulation 15.05 Credit and Exemptions
1. Speaker and Author Credit.
1. Speaker and Author Credit.
(a) Any lawyer who participates as a speaker at an accredited program, seminar, or activity and does not receive compensation, other than reasonable expenses, shall receive credit for the following:
(1) actual presentation time, including both initial and repeat presentations; and
(2) actual preparation time up to a maximum of 15 credit hours for each 50 minutes of presentation time as determined by Regulation 15.01.
(b) Any lawyer who authors written materials that have been or will be published without compensation by an accredited or identified sponsor, in a professional journal, or as a monograph shall receive credit for actual research and writing time, but not to exceed 15 credit hours for any one such work.
(c) The standards set forth in Regulation 15.01 shall determine the number of credit hours to be received for the presentation, preparation, research, and writing time and the number of credit hours to be received by a lawyer shall be reported on the affidavit required by Regulation 15.06.1.
(d) A lawyer may satisfy the requirements of subdivisions (a)(1) and (a)(2) of Rule 15.05 by speaker or author credit if the presentation or work or a designated portion thereof is devoted exclusively to professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competence. Speaker or author credit may be claimed only for the category of Rule 15.05(a)(1) for which the program, seminar, or activity is approved.
2. Exemptions.
(a) Visiting Attorneys. Visiting attorneys from other jurisdictions who are permitted to practice for a case or proceeding pursuant to Supreme Court Rule 9.03 and who are not otherwise subject to Rule 15 shall not be subject to Rule 15.05.
(b) Non-Practicing Lawyers. Any lawyer not an active judge who, during a reporting year, has neither engaged in the active private or public practice of law in Missouri nor held himself or herself out as an active practicing lawyer in Missouri shall not be required to complete or report any credit hours during that reporting year unless the lawyer elects to receive reciprocal credit under Regulation 15.05.4. A lawyer may claim the exemption on the affidavit required by Regulation 15.06.1 that shall be in such form as provided by The Missouri Bar.
(c) Governmental Officials. Any lawyer who is not a judge may, upon application to The Missouri Bar within 90 days of the end of each reporting year, be exempt from Rule 15.05(a) if he or she is a full-time governmental official and is not engaged in public or private practice of law. The application shall state reasons in support of the requested exemption. A lawyer exempted under this section shall still be required to file the affidavit required by Regulation 15.06.1.
3. Hardship and Extenuating Circumstances.
Any lawyer for whom compliance with Rule 15 is unreasonably difficult due to
(a) a physical or mental disability; or
(b) military or other governmental service at an isolated place of duty; or
(c) age or any other good cause upon a written request setting forth the grounds therefore shall be granted a waiver, extension of time, or permission to comply with Rule 15 by an alternative method that may include in excess of six hours of self-study credit. A lawyer should make the written request at least 60 days prior to the end of the reporting year except in cases when such a deadline is impractical or inappropriate. The Missouri Bar shall review and approve or disapprove such requests on an individual basis and without delay. Rejection of any such request shall be reviewed as provided in Rule 15.06(d).
4. Reciprocal Credit.
Any lawyer whose principal place of practice is in a state other than Missouri that has a continuing legal education requirement substantially similar to that of Missouri can satisfy the requirements of Rule 15, if applicable, by making the appropriate designation on the affidavit required by Regulation 15.06.1 that he or she is in compliance with the requirements of the state of his or her principal place of practice. Any lawyer whose principal place of practice is in a state other than Missouri that does not have a continuing legal education requirement substantially similar to that of Missouri can satisfy the requirements of Rule 15, if applicable, by completing accredited programs, seminars, or activities as defined in Regulation 15.01.1 or by completing programs, seminars, or activities offered by his or her state bar association.
5. Carryover Credit Hours.
(a) A lawyer reporting more than 15 credit hours of accredited programs, seminars, or activities, exclusive of self-study, for one reporting year shall receive credit of up to 15 credit hours in the next succeeding reporting year for such excess credit hours to apply toward the requirements of Rule 15.05(a) if the excess credit hours are reported on the lawyer's affidavit for the reporting year for which they were completed and are designated as hours to be carried forward.
(b) Credit hours for ethics programs, seminars, and activities devoted exclusively to professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency may be included in determining the amount of carryover credit that a lawyer may report pursuant to Regulation 15.05.5(a).
(c) For each reporting period, a lawyer reporting more than three credit hours devoted exclusively to accredited ethics programs, seminars, and activities, including professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit or implicit bias, diversity, inclusion, or cultural competency programs, seminars, and activities, during one reporting year may receive credit of up to three credit hours for such excess hours to apply to the requirements of subdivisions (a)(1) and (a)(2) of Rule 15.05 for the next succeeding reporting year if the credit hours are reported on the lawyer's affidavit for the reporting year for which they were completed and are designated as hours to be carried forward.
15.06 REPORTING REQUIREMENTS – SANCTIONS – REVIEW
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Regulation 15.06. Reporting Requirements
1. Annual Affidavit.
1. Annual Affidavit.
On or before July 31, 1989, and annually by July 31 every year thereafter, each lawyer shall report, by written affidavit to The Missouri Bar, the lawyer's completion of or exemption from the requirements of Rule 15. If applicable, the affidavit shall include the number of all credit hours of accredited programs, seminars, or activities that the lawyer completed for the applicable reporting year, the number of credit hours to be carried forward from the immediately preceding reporting year, the number of credit hours to be carried over to the next succeeding reporting year, the number of credit hours of ethics programs, seminars, and activities as required by subdivisions (a)(1) and (a)(2) of Rule 15.05, the number of credit hours of programs, seminars, or activities required by Rule 15.05(f), any other credit hours to which the lawyer is entitled and completion of The Missouri Bar Annual Law Update or its substantial equivalent, if required by subdivision (d) of Rule 15.05. The initial reporting period is from January 1, 1988, through June 30, 1989. The form for such affidavit shall be provided to the lawyer by The Missouri Bar on or before June 30. The affidavit filed by a lawyer shall establish compliance with the requirements of Rule 15.05 and the reporting requirement of Rule 15.06 unless the affidavit is incomplete or otherwise does not demonstrate compliance with the requirements of Rules 15.05 and 15.06.
2. Failure to Report.
Except as provided in Regulations 15.05.2, 15.05.3, and 15.06.3, in the event that a lawyer fails to file an affidavit, files an incomplete affidavit, or files an affidavit that does not demonstrate compliance with the requirements of Rules 15.05 and 15.06, the provisions of Rule 15.06(b), (c), (d), (e), and (f) shall be applicable, including the late-filing fee requirement established by Rule 15.06(c).
3. Education Deficiency Plans.
In the event that a lawyer shall fail to complete or is not otherwise entitled to report at least 15 credit hours of accredited programs, seminars, and activities during a reporting year or has not satisfied the requirements of subdivisions (a)(1), (a)(2), or (f) of Rule 15.05 during the applicable reporting year and the provisions of Regulations 15.05.2 or 15.05.3 are not applicable, there may be attached to the report required by Rule 15.06 a statement by the lawyer setting forth a specific plan for making up the deficiency by September 30 immediately following the end of the reporting year. This plan shall be deemed accepted unless within 15 days after receipt of the affidavit and statement the lawyer is notified to the contrary. Full compliance with the lawyer's plan shall be reported by the lawyer not later than September 30 immediately following the end of the reporting year. All credit hours from any accredited program, seminar, or activity set forth in the plan for making up the deficiency shall be included on the written affidavit for the reporting year for which the deficiency plan was submitted and shall be included in the determination of carryover credit for that year. Failure of the lawyer to complete the plan and report completion by September 30 shall be considered failure to comply with the requirements of Supreme Court Rule 15.
4. Noncompliance Report.
The Missouri Bar shall report annually in writing to the chief disciplinary counsel and the Commission on Retirement, Removal and Discipline, as the case may be, in accordance with Rule 15.06(f) as of March 1, following completion of each reporting year.
3. It is ordered that effective November 15, 2019, subdivisions (a) and (b) of subdivision 18.05 and Regulation 18.05 of Rule 18 be and the same are hereby repealed and new subdivisions (a) and (b) of subdivision 18.05 and a new Regulation 18.05 are adopted in lieu thereof to read as follows:
3. Education Deficiency Plans.
In the event that a lawyer shall fail to complete or is not otherwise entitled to report at least 15 credit hours of accredited programs, seminars, and activities during a reporting year or has not satisfied the requirements of subdivisions (a)(1), (a)(2), or (f) of Rule 15.05 during the applicable reporting year and the provisions of Regulations 15.05.2 or 15.05.3 are not applicable, there may be attached to the report required by Rule 15.06 a statement by the lawyer setting forth a specific plan for making up the deficiency by September 30 immediately following the end of the reporting year. This plan shall be deemed accepted unless within 15 days after receipt of the affidavit and statement the lawyer is notified to the contrary. Full compliance with the lawyer's plan shall be reported by the lawyer not later than September 30 immediately following the end of the reporting year. All credit hours from any accredited program, seminar, or activity set forth in the plan for making up the deficiency shall be included on the written affidavit for the reporting year for which the deficiency plan was submitted and shall be included in the determination of carryover credit for that year. Failure of the lawyer to complete the plan and report completion by September 30 shall be considered failure to comply with the requirements of Supreme Court Rule 15.
4. Noncompliance Report.
The Missouri Bar shall report annually in writing to the chief disciplinary counsel and the Commission on Retirement, Removal and Discipline, as the case may be, in accordance with Rule 15.06(f) as of March 1, following completion of each reporting year.
3. It is ordered that effective November 15, 2019, subdivisions (a) and (b) of subdivision 18.05 and Regulation 18.05 of Rule 18 be and the same are hereby repealed and new subdivisions (a) and (b) of subdivision 18.05 and a new Regulation 18.05 are adopted in lieu thereof to read as follows:
18.05 CONTINUING JUDICIAL EDUCATION REQUIREMENTS
(a) Each non-lawyer municipal judge shall complete and report, during each reporting year, a total of at least 15 credit hours of accredited programs, seminars, and activities. On or before June 30, 2020, and every year thereafter:
(1) at least three of the total 15 credit hours must be devoted exclusively to accredited ethics programs, seminars, and activities, including professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit and implicit bias, diversity, inclusion, or cultural competency programs, seminars, and activities; and
(2) at least one of the three ethics credit hours required under Rule 18.05(a)(1) must be devoted exclusively to explicit or implicit bias, diversity, inclusion, or cultural competency.
Failure to meet these requirements may result in referral to the commission on retirement, removal and discipline.
(2) at least one of the three ethics credit hours required under Rule 18.05(a)(1) must be devoted exclusively to explicit or implicit bias, diversity, inclusion, or cultural competency.
Failure to meet these requirements may result in referral to the commission on retirement, removal and discipline.
(b) Lawyer municipal judges, subject to the provisions of Rule 15, shall complete five credit hours of accredited programs, seminars, or activities under this Rule 18. Such credit hours completed pursuant to this Rule 18.05(b) may be used to fulfill the requirements of Rule 15. Lawyer municipal judges shall report CLE hours to The Missouri Bar in accordance with and subject to Rule 15.
Failure to meet these requirements may result in referral to the commission on retirement, removal and discipline.
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Regulation 18.05. Accreditation of Programs, Seminars, Activities, and Sponsors
(a) Programs, seminars, activities, and sponsors already accredited pursuant to Rule 15 are also considered accredited for purposes of this Rule 18 if the content is applicable under this Rule 18. No additional reporting or recordkeeping is required of the sponsor.
(b) The committee shall, upon application by a sponsor or a municipal judge, accredit those programs, seminars, and activities that qualify for credit under this Rule 18.
(c) Accreditation Process.
(a) Programs, seminars, activities, and sponsors already accredited pursuant to Rule 15 are also considered accredited for purposes of this Rule 18 if the content is applicable under this Rule 18. No additional reporting or recordkeeping is required of the sponsor.
(b) The committee shall, upon application by a sponsor or a municipal judge, accredit those programs, seminars, and activities that qualify for credit under this Rule 18.
(c) Accreditation Process.
(1) Any sponsor not already accredited pursuant to Rule 15 and desiring approval of an individual program, seminar, or activity must apply to the committee for identified sponsor status not later than 60 days prior to the date the program, seminar, or activity is scheduled. Application shall be on forms provided by the committee.
(2) Any municipal judge may seek accreditation of a program, seminar, or activity offered by a sponsor other than an accredited sponsor. The judge should make application either before the occurrence of the program, seminar, or activity or within 30 days of the completion of the program, seminar, or activity. Application shall be on forms provided by the committee.
(3) The committee shall advise the applicant in writing within 60 days of the receipt of the application whether the application has been approved or disapproved.
(4) The committee may waive the application deadlines in this Regulation 18.05 upon good cause shown.
(5) Each sponsor accredited under Regulation 18.05(c) shall retain records of attendance at all programs, seminars, and activities for at least three years after the date of completion of the program, seminar, or activity. A record of attendance by an individual municipal judge shall be made available to the judge, his or her attorney, or the committee upon request.
(6) Unless otherwise directed by the Court, the files, records, and proceedings relating to continuing legal education requirements of this Rule 18 shall be confidential and shall not be disclosed except to the municipal judge affected upon written request of the judge or his or her attorney.
(2) Any municipal judge may seek accreditation of a program, seminar, or activity offered by a sponsor other than an accredited sponsor. The judge should make application either before the occurrence of the program, seminar, or activity or within 30 days of the completion of the program, seminar, or activity. Application shall be on forms provided by the committee.
(3) The committee shall advise the applicant in writing within 60 days of the receipt of the application whether the application has been approved or disapproved.
(4) The committee may waive the application deadlines in this Regulation 18.05 upon good cause shown.
(5) Each sponsor accredited under Regulation 18.05(c) shall retain records of attendance at all programs, seminars, and activities for at least three years after the date of completion of the program, seminar, or activity. A record of attendance by an individual municipal judge shall be made available to the judge, his or her attorney, or the committee upon request.
(6) Unless otherwise directed by the Court, the files, records, and proceedings relating to continuing legal education requirements of this Rule 18 shall be confidential and shall not be disclosed except to the municipal judge affected upon written request of the judge or his or her attorney.
4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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GEORGE W. DRAPER III
Chief Justice
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GEORGE W. DRAPER III
Chief Justice