Supreme Court of Missouri
en banc

Supreme Court of Missouri Case No. SC97784
In re: Allan H. Bell, MBE # 19459

JUDGMENT OF CRIMINAL CONTEMPT

On April 1, 2019, this Court entered an order immediately suspending Allan H. Bell from the practice of law and ordering he “comply in all respects with Rule 5.27.” On June 12, 2019, the Office of Chief Disciplinary Counsel (OCDC) filed a motion for criminal contempt alleging Mr. Bell was willfully disobeying this Court’s suspension order by continuing to hold himself out as a lawyer authorized to practice law and engaging in deceptive practices to hide his violations of this Court’s order. After issuing a show cause order, this Court appointed a special master, who conducted a hearing, received evidence, and reported her findings and conclusions to this Court. The Court hereby adopts and incorporates the findings of fact set forth in the master’s report, which is attached to this judgment.

The purpose of criminal contempt is to protect and ensure the dignity of the courts and the authority of their decrees. Teefey v. Teefey, 533 S.W.2d 563, 566 (Mo. banc 1976). Criminal contempt occurs when there is an “intentional interference with the judicial process and [a] demonstrated refusal to be bound by judicial determinations.” Id. As the specific factual findings made by the master and herein adopted by the Court prove, Mr. Bell knowingly violated this Court’s suspension order by continuing to practice law well after April 1, 2019, and failing to comply with Rule 5.27’s suspension procedures.

The master’s factual findings establish Mr. Bell was aware of this Court’s suspension order but continued to meet with clients and accept fees to perform legal work on their behalves well after April 1, 2019. Mr. Bell actively attempted to conceal such behavior by backdating agreements and fee receipts. The master’s factual findings further establish Mr. Bell never complied with the suspension procedures outlined in Rule 5.27 in that he failed to withdraw from pending matters, to notify any clients or opposing counsel of his suspension, and to return any client files or property. Mr. Bell frustrated any attempts by the trustees and OCDC investigators to ensure he complied with the suspension procedures required under this Court’s rules.

Mr. Bell argues before this Court his behavior was not intentional or knowing due to “serious cognitive deficiencies.” But the record reflects Mr. Bell was evaluated by neuropsychologist Dr. William Blessing, who opined any memory impairment Mr. Bell may be experiencing would not prevent Mr. Bell from remembering or comprehending his suspension from the practice of law. Additionally, as found by the master and hereby adopted by this Court, Mr. Bell’s actions “were not [those] of a confused lawyer [but] rather of one acting in a knowing, intelligent and deceptive manner.”

This Court finds that Mr. Bell intentionally interfered with the judicial process when he refused to be bound by this Court’s suspension order. Accordingly, Mr. Bell is found in criminal contempt of this Court’s April 1, 2019, suspension order.

Mr. Bell requested to be present to exercise his right to allocution should the Court adjudge him in contempt. The Court ordered him to appear in Court on this date. He failed to do so. Therefore, he has waived any right to be present for any purpose including whatever right to allocution he may have had now that the Court has adjudged him in contempt.

Accordingly, the Court hereby orders Mr. Bell be remanded into the custody of the Marshal of the Supreme Court of Missouri to be transported into the custody of the Cole County Sheriff to serve a sentence of 30 days in the Cole County jail. The Court further orders Mr. Bell be fined $ 21,000, payable to the clerk of the Supreme Court of Missouri.

Costs taxed to Respondent.

Note: To view any specific rule provisions cited in this order, please visit the pages for Supreme Court of Missouri Rule 4 and Rule 5. Please be aware the versions of the rules available online are those currently in effect and may have changed since this order issued.