Supreme Court of Missouri
en banc
May 23, 2023
Effective July 1, 2023
In re:
Repeal of the heading title and subdivision (b) of subdivision 5.31, entitled "Records Under Rule 5; Confidential Records and Proceedings; Public Documents and Proceedings; Protective Orders; Permissive Disclosure; Dissemination of Disciplinary Information," of Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of a new heading title and a new subdivision (b) of subdivision 5.31, entitled " Records Under Rule 5; Confidential Records and Proceedings; Public Documents and Proceedings; Redaction Requirements; Protective Orders; Permissive Disclosure; Dissemination of Disciplinary Information."
ORDER
1. It is ordered that, effective July 1, 2023, the heading title and subdivision (b) of subdivision 5.31 of Rule 5 be and the same are hereby repealed and a new heading title and new subdivision (b) of subdivision 5.31 are adopted in lieu thereof to read as follows:
5.31 | RECORDS UNDER RULE 5; CONFIDENTIAL RECORDS AND PROCEEDINGS; PUBLIC DOCUMENTS AND PROCEEDINGS; REDACTION REQUIREMENTS; PROTECTIVE ORDERS; PERMISSIVE DISCLOSURE; DISSEMINATION OF DISCIPLINARY INFORMATION
* * *
(b) Public Documents and Proceedings.
(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 public and media access and "media coverage" of open disciplinary hearings consistent with this Rule 5.31 and 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 pleadings and documents filed with the Advisory Committee or this Court shall be redacted in accordance with Rule 84.015. The responsibility for redacting such information rests solely with counsel, the parties, or any other person preparing, offering, or filing the document.
(6) The following aspects of otherwise public proceedings shall remain confidential:
(A) Deliberations by a disciplinary hearing panel; and
(B) Deliberations of and work product prepared by the Chief Disciplinary Counsel, the Chief Disciplinary Counsel's staff, the Advisory Committee, the Legal Ethics Counsel, the Legal Ethics Counsel's staff, and the regional disciplinary committees.
* * *
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
_____________________
PAUL C. WILSON
Chief Justice