Supreme Court of Missouri
en banc
December 31, 2019
Effective July 31, 2020
Effective July 31, 2020
In re:
Repeal of subdivisions (a), (b), (c), and (f) of subdivision 15.06, entitled "Reporting Requirements – Sanctions – Review" of Rule 15, entitled "Continuing Legal Education," and in lieu thereof adoption of new subdivisions (a), (b), (c), and (f) of subdivision 15.06, entitled "Reporting Requirements – Sanctions – Review."
ORDER
1. It is ordered that effective July 31, 2020, subdivisions (a), (b), (c), and (f) of subdivision 15.06 of Rule 15 be and the same are hereby repealed and new subdivisions (a), (b), (c), and (f) of subdivision 15.06 are adopted in lieu thereof to read as follows:
15.06 REPORTING REQUIREMENTS – SANCTIONS – REVIEW
(a) On or before July 31st of each year, beginning in 2020, each lawyer shall report the number of credit hours of accredited programs or activities in which lawyer participated in the preceding reporting year, except that lawyers paying the annual enrollment fee under Rule 6.01(j)(3) and lawyers who have given notice of inactive status under Rule 6.03 are not required to report completion or exemption from the annual requirements of Rules 15.05(a).
(b) Every lawyer failing to meet the requirements of this Rule 15 by August 31 shall be notified by mail sent to the address designated by the lawyer in the most recent registration or change of address notification to The Missouri Bar. The notice shall advise the lawyer that lawyer has not filed the required report or the required number of credit hours and that the lawyer, if subject to Rule 15, may file within 30 days of the date the notice was mailed information establishing compliance with this Rule 15. Within 30 days of the receipt of the information, it shall be determined if the lawyer has participated in the required number of credit hours of accredited programs or activities or if the lawyer is entitled to a waiver of the requirement or an extension of time to comply with the requirement. If it is determined that the lawyer has participated in the required number of credit hours, is entitled to waiver, or is entitled to an extension of time, the lawyer shall be so notified within 15 days of the decision. If it is determined that the lawyer has not participated in the required number of credit hours, is not entitled to a waiver and is not entitled to an extension of time, the lawyer shall be so notified.
(c) Every lawyer to whom a notice is sent pursuant to Rule 15.06(b) shall be assessed a late filing fee. The late fee for compliance by August 31 shall be $200.00. The late fee for compliance before the end of each successive month after August 31 shall increase by $50.00 until a lawyer establishes compliance with Rule 15. The maximum late filing fee under this subsection is $500.00. Payment of this fee shall accompany the late-filed information establishing compliance with Rule 15. Failure to pay the fee shall be considered a failure to comply with the requirements of Rule 15. The fee collected pursuant to Rule 15.06(c) shall be paid to The Missouri Bar for deposit in the advisory committee fund.
(a) On or before July 31st of each year, beginning in 2020, each lawyer shall report the number of credit hours of accredited programs or activities in which lawyer participated in the preceding reporting year, except that lawyers paying the annual enrollment fee under Rule 6.01(j)(3) and lawyers who have given notice of inactive status under Rule 6.03 are not required to report completion or exemption from the annual requirements of Rules 15.05(a).
(b) Every lawyer failing to meet the requirements of this Rule 15 by August 31 shall be notified by mail sent to the address designated by the lawyer in the most recent registration or change of address notification to The Missouri Bar. The notice shall advise the lawyer that lawyer has not filed the required report or the required number of credit hours and that the lawyer, if subject to Rule 15, may file within 30 days of the date the notice was mailed information establishing compliance with this Rule 15. Within 30 days of the receipt of the information, it shall be determined if the lawyer has participated in the required number of credit hours of accredited programs or activities or if the lawyer is entitled to a waiver of the requirement or an extension of time to comply with the requirement. If it is determined that the lawyer has participated in the required number of credit hours, is entitled to waiver, or is entitled to an extension of time, the lawyer shall be so notified within 15 days of the decision. If it is determined that the lawyer has not participated in the required number of credit hours, is not entitled to a waiver and is not entitled to an extension of time, the lawyer shall be so notified.
(c) Every lawyer to whom a notice is sent pursuant to Rule 15.06(b) shall be assessed a late filing fee. The late fee for compliance by August 31 shall be $200.00. The late fee for compliance before the end of each successive month after August 31 shall increase by $50.00 until a lawyer establishes compliance with Rule 15. The maximum late filing fee under this subsection is $500.00. Payment of this fee shall accompany the late-filed information establishing compliance with Rule 15. Failure to pay the fee shall be considered a failure to comply with the requirements of Rule 15. The fee collected pursuant to Rule 15.06(c) shall be paid to The Missouri Bar for deposit in the advisory committee fund.
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(f) On or before March 1, The Missouri Bar shall annually report to the clerk of this Court, the chief disciplinary counsel, and the Commission on Retirement, Removal and Discipline, as the case may be, the name of each lawyer not meeting the requirements of this Rule 15. Every lawyer so reported is automatically suspended from the practice of law on the date the report is received by the clerk of this Court. Any lawyer suspended pursuant to this Rule 15.06(f), on or after March 1, 2021, shall be required to notify his or her clients of the suspension in writing within 15 days of said suspension and shall file written proof of such notification with the clerk of this Court within 30 days of said suspension. Any lawyer automatically suspended for failing to comply with this Rule 15 shall be retroactively reinstated as a matter of course upon certification to the clerk of this Court by The Missouri Bar that the lawyer is in full compliance with this Rule 15 within three years of the date of the lawyer's suspension and the payment of an additional $100 fee. The $100 fee shall be paid to The Missouri Bar for deposit in the advisory committee fund. Any lawyer not reinstated as a matter of course shall apply for reinstatement as provided in Rule 5.28.
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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GEORGE W. DRAPER III
Chief Justice
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GEORGE W. DRAPER III
Chief Justice