Rule 12 | Commission on Retirement, Removal and Discipline

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.01 | Members of the Commission

The Commission on Retirement, Removal and Discipline created by Article V, Section 24 of the Constitution of Missouri, in this Rule 12 called the Commission, shall be composed of two citizens who are not members of The Missouri Bar, two lawyers, one judge of the court of appeals and one judge of a circuit court, each of whom shall be a citizen of this state.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 21, 1985, effective July 1, 1986; amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.02 | Appointment or Selection – Terms – Replacements

(a) How Appointed or Selected – Terms. Each of the citizen-members shall be appointed by the governor to serve initial terms of two years beginning January 1, 1972, and thereafter citizen-members shall be appointed to serve terms of six years.

Each lawyer-member shall be appointed by the board of governors of The Missouri Bar to serve initial terms of four years beginning January 1, 1972, and thereafter lawyer-members shall be appointed to serve terms of six years.

One judge of the court of appeals shall be selected by a majority of the judges of the court of appeals and shall serve for an initial term of six years beginning January 1, 1972, and judges thereafter selected shall serve terms of six years.

One judge of a circuit court shall be selected by a majority of the circuit judges to serve for an initial term of six years beginning January 1, 1972, and judges thereafter selected shall serve terms of six years.

(b) Replacement of Members. Any member of the Commission who is unable to serve or resigns shall be replaced by the respective selecting authority as the case may require to serve the unexpired term of the member he replaces.

(c) Successive Terms. No member, except one serving out the unexpired term of another, shall be appointed or elected nor may serve as his own successor.


(Adopted June 1, 1971, effective January 1, 1972. Amended June 3, 1983, effective January 1, 1984; amended December 20, 1983,  effective December 20, 1983; amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.03 | Disqualification – Substitute Member

Any member of the Commission shall be disqualified to participate in any matter in which he has a personal interest. The appropriate authority shall appoint or select a substitute member to sit during such disqualification.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.04 | Assistance

The Commission may utilize counsel and assistance as it may deem necessary. The members of the Commission shall perform the services required by the Commission without compensation, but each shall be reimbursed for his actual and necessary expenses incurred in the performance of his duties. The Commission may make reasonable allowances for physical or mental examinations and for taking and transcribing of testimony.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: July 01, 2024

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.05 | Investigations and Hearings Relating to Retirement for Disability

(a) Investigations. The Commission shall receive and make an investigation of all requests and suggestions for the retirement for disability of judges, members of the judicial commission, and of this Commission. The Commission may require that any such request or suggestion be in writing and verified and that it allege facts indicating that such person is unable to discharge the duties of his or her office with efficiency because of permanent sickness or physical or mental infirmity. The Commission shall not be required to pursue further such request or suggestion if it is obviously unfounded or frivolous.

The judge or commission member shall be notified of the investigation, the nature of the request or suggestion for his or her retirement, and shall be afforded reasonable opportunity in the course of the investigation to present such matters as he or she may choose. Such notice shall be given by prepaid registered or certified mail addressed to the judge or commission member at his or her last known residence.

If the investigation does not disclose sufficient cause to warrant further proceedings, the judge or commission member shall be so notified, and the file shall be closed.

(b) Hearings. After completion of an investigation, if at least four members of the Commission who shall have read the record of the investigation find that there is probable cause to believe that the person under investigation is unable to discharge the duties of office with efficiency because of permanent sickness or physical or mental infirmity, it shall cause a formal proceeding to be instituted against such individual. The procedure set forth in Rules 12.09 through 12.21 shall be applicable. Up to two Commission members may attend a formal proceeding by telephone conference, video conference, or similar available technologies if the respondent judge does not object or the Commission chair expressly determines that it is in the public's best interest that the proceeding go forward with remote participation. In determining whether it is in the public's best interest the proceeding go forward by telephone conference, video conference, or similar available technologies, the chair should consider any objection, the nature and severity of the allegations against the respondent judge, the health and safety of the participants, and the effect of delay. After completion of the formal proceeding, if at least four members of the Commission who have heard all of the evidence find that the person proceeded against is unable to discharge the duties of office with efficiency because of permanent sickness or physical or mental infirmity, the Commission shall recommend to this Court that the person in question be retired.

The Commission shall prepare a transcript of the record of all evidence and of all proceedings therein, shall make written findings of fact and conclusions of law with respect to the issues of fact and questions of law in the transcript, and shall file two copies thereof with the clerk of this Court.

This Court shall retire such person from the judicial office or commission membership currently held if the Court finds such person is unable to discharge the duties of office with efficiency because of permanent sickness or physical or mental infirmity.

If the charge made in the formal proceeding is that the individual proceeded against is unable to discharge the duties of office or position with efficiency because of mental infirmity, and if the person is without adequate representation, the Commission shall request this Court to appoint a lawyer to represent such individual.


(Adopted June 1, 1971, effective January 1, 1972. Amended September 21, 1979, effective September 21, 1979; amended November 12, 1987, effective December 1, 1987; amended September 17, 1996, effective September 17, 1996; amended June 4, 2024, effective July 1, 2024.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.06 | Disqualification of Judge While Indictment or Information Pending

A judge is disqualified from acting as a judicial officer while there is pending an indictment or information charging him in any court in the United States with a crime punishable as a felony under the laws of Missouri or the United States, or a recommendation to this Court by the Commission for his removal or retirement, or after articles of impeachment have been voted by the House of Representatives. A judge so disqualified shall continue to receive his salary.


(Adopted June 1, 1971, effective January 1, 1972. Amended September 21, 1979, effective September 21, 1979; amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: July 01, 2024

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.07 | Removal, Suspension, or Other Discipline – Investigation – Further Proceedings

(a) Investigation. Upon receipt of a complaint that a judge or a member of any judicial commission or a member of the Commission has committed a crime or is guilty of misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense involving moral turpitude, or oppression in office, the Commission shall make an investigation thereof. The Commission may require any such complaint be in writing and verified and that it allege facts. The Commission shall not be required to investigate such complaint if it is obviously unfounded or frivolous.

The judge or commission member shall be notified of the investigation, the nature of the complaint against him or her, and shall be afforded reasonable opportunity in the course of the investigation to present such matters as he or she may choose. The notice shall be given by prepaid registered or certified mail, addressed to the judge or commission member at his or her last known residence.

(b) Proceedings After Completion of Investigation. After completion of an investigation:

(1) Unless at least four members of the Commission find that there is probable cause to believe the person under investigation is guilty, the Commission shall terminate the investigation, notify the person under investigation and the complainant and close the file.

(2) If at least four members of the Commission find there is probable cause to believe the person who is under investigation is guilty in any of the respects in this Rule 12.07 and further find that a formal proceeding should be instituted, the Commission shall institute such formal proceedings unless the person shall forthwith resign, and the procedure set forth in Rules 12.09 through 12.21 shall be applicable. Up to two Commission members may attend a formal proceeding by telephone conference, video conference, or similar available technologies if the respondent judge does not object or the Commission chair expressly determines that it is in the public's best interest that the proceeding go forward with remote participation. In determining whether it is in the public's best interest the proceeding go forward by telephone conference, video conference, or similar available technologies, the chair should consider any objection, the nature and severity of the allegations against the respondent judge, the health and safety of the participants, and the effect of delay.

(c) Proceedings After Completion of Formal Proceedings. Upon completion of the formal proceedings, if at least four members of the Commission who have heard all the evidence find that the person proceeded against is guilty and further find that such person should be removed from office, suspended from the performance of his or her duties for a period of time, or otherwise disciplined, the Commission shall make written findings of fact and conclusions of law with respect to the issues and shall make its recommendations to this Court.

The Commission shall prepare a transcript of the record of all evidence and of all proceedings therein, which shall also include its findings of fact and conclusions of law and recommendations, and shall file two copies thereof with the clerk of this Court.

After respondent has had an opportunity to proceed as provided in Rule 12.08, this Court shall review the record, consider the recommendation of the Commission and make such order as to respondent as it deems just.


(Adopted June 1, 1971, effective January 1, 1972. Amended September 21, 1979, effective September 21, 1979; amended June 9, 1980, effective June 9, 1980; amended December 3, 1986, effective January 1, 1987; amended November 12, 1987, effective December 1, 1987; amended June 4, 2024, effective July 1, 2024.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.08 | Copy of Transcript Served on Respondent – Objections – Briefs – Argument

Upon receipt of two copies of the transcript of the record as provided for in Rules 12.05 and 12.07, the clerk immediately thereafter shall serve one copy of such transcript on the respondent in any manner provided for service under the rules of this Court. Respondent within thirty days after the date of such service may file a brief setting forth any objections he may have to the findings and recommendations of the Commission and argument in support thereof. The Commission may file an answer brief within twenty days after the filing of respondent's brief, and respondent may file a reply brief within ten days after the date of the filing of the Commission's brief. This Court shall set the matter of the recommendations of the Commission for oral argument if requested by respondent. The date of any such setting will be as soon as practicable.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.09 | Designation of Party

The party against whom a complaint is filed shall be designated respondent.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.10 | Subpoenas and Depositions

In any proceeding under this Rule 12, the clerk of this Court shall issue writs of subpoena, including subpoenas duces tecum, and commissions to take depositions requested by the Commission or the respondent. The Commission is empowered to take and transcribe the evidence of witnesses who may be sworn by any member thereof. The failure of any person to comply with the requirements of any subpoena issued as herein provided shall be reported promptly to this Court.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.11 | Witnesses – Mental or Physical Examination

The Commission shall have power to administer oaths, compel the giving of testimony and may require a physical or mental examination of the respondent and may appoint a physician or physicians to make such examination.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.12 | Respondent to be Furnished Transcript of Investigation – When

If a formal proceeding is instituted, respondent shall be furnished by the Commission, upon his request, with a transcript of any oral evidence taken and any documentary evidence, including correspondence, acquired by it during the course of the investigation; provided, however, that the identity of any informant shall not be divulged, except upon the order of this Court.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: July 01, 2001

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.13 | Disposition of Record of Investigation Where There is No Recommendation.

If no formal proceeding is instituted or if no recommendation is made by the Commission after a formal proceeding, the Commission shall seal the record thereof and deposit the same with the clerk of this Court. The record may be inspected only by order of this Court. Records deposited with the clerk for at least ten years may be destroyed unless objected to by the commission.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 9, 1982, effective January 1, 1983; amended November 12, 1987, effective December 1, 1987; amended June 1, 2001, effective July 1, 2001.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.14 | Records of Investigation, Hearings and Other Proceedings

A record of all investigations, hearings and other proceedings had under the provisions of this Rule 12 shall be made, and the testimony of all witnesses appearing at any investigation, hearing or other proceeding under this Rule 12 shall be preserved.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.15 | Place of Hearing

All formal proceedings before the Commission shall be heard at any place within the state designated by the Commission, taking into account the convenience of the parties and the location of the witnesses.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.16 | Pleadings – Notice

The only required pleading in a formal proceeding is the "Notice to the Respondent." The respondent may file a response thereto by serving such response on the secretary of the Commission whose address appears in the notice.

The notice shall be sufficient if it states briefly the grounds upon which the proceedings are based. Amendments of the notice may be made at any time before submission to the Commission. If any amendment substantially changes the charge, reasonable time shall be allowed the respondent to respond thereto, including the right of confrontation and cross-examination of any witness whose testimony forms a basis for such amendment. More than one charge may be stated in the notice.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.17 | Notice to Respondent

The notice shall be signed by the chairman and secretary of the Commission or by at least four members of the Commission. It shall state the time within which a response may be filed and the time and place where the hearing shall be held. The notice may be served on the respondent by any method provided for service of process by the rules of this Court and shall be served at least twenty days before the date set for the hearing.

The notice to the respondent shall be substantially in the following form:

BEFORE THE COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE 
PROVIDED FOR IN ARTICLE V, SECTION 24 OF THE CONSTITUTION OF MISSOURI.

In the Matter of _________________,

Respondent No._________________

NOTICE

TO: __________________________

The Commission on Retirement, Removal and Discipline appointed pursuant to the provisions of Article V, Section 24 of the Constitution of the State of Missouri, hereby notifies you to be and appear before it on the _________day of, 19___, at _________________, at _________ (A.M.) (P.M.), then and there to answer the following: 


You are further notified that the proceedings will be held at said time and place to fully investigate the aforementioned allegations in accordance with the rules of the Supreme Court of Missouri.

If you desire to file a response, it should be filed with the secretary of this Commission by the ____ day of_________, 19____. The secretary's name and address are listed hereon.

By Order of the Commission.

_______________________________________________
Chairman

_______________________________________________
Secretary

Name and Address
of Secretary 

SERVICE

Service of the above and foregoing Notice was had upon ________________ by mailing a copy thereof to him at his address, to-wit: _______________________________________ by registered or certified mail on the ______ day of ________________, 19____.

Registered or certified receipt is filed herewith (or if Notice is served in any other manner, specify such other manner).


_____________________________


(Adopted June 1, 1971, effective January 1, 1972. Amended November  21, 1985, effective July 1, 1986; amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.18 | Hearings – Dates – Rules

The hearing shall be upon the date fixed in the notice or at such later date to which the same shall be adjourned or continued by the Commission.

All hearings shall be in accordance with the rules of this Court and the rules of evidence. Reasonable opportunity shall be afforded the respondent to subpoena witnesses, present evidence and to be heard in person and by counsel.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.19 | Adjournment or Continuance

For good cause shown, the Commission may adjourn or continue any hearing.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.20 | Determination in Absence of Respondent – When

If the respondent fails to appear in person or by counsel in response to the notice, the Commission shall proceed to a determination of the cause.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: January 28, 1998

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.21 | Confidentiality of Proceedings

(a) Except as otherwise provided in this Rule 12.21, all papers filed in proceedings before the Commission shall be confidential unless and until the Commission files a recommendation with this Court that the judge, member of a judicial commission, or member of this Commission be retired, removed, or disciplined.

(b) The Commission may make otherwise confidential records of disciplinary proceedings available to:

(1) the chief disciplinary counsel when the confidential records relate to a possible violation of this Court's Rule 4;

(2) the appropriate lawyer or judicial disciplinary authorities in other jurisdictions when the confidential records relate to possible violations of a lawyer licensed or applying for licensure or a judge or judicial candidate in that jurisdiction;

(3) members of a judicial nominating commission or the governor when such confidential records relate to a judicial candidate's qualifications for office;

(4) law enforcement agencies acting within the scope of their lawful authority when confidential records relate to possible criminal misconduct. Nothing in this Rule 12.21(b) compels the Commission to make confidential records available without a subpoena or court order if the Commission chooses not to exercise the discretion granted in this Rule 12.21(b) to make those confidential records available.

(c) If a judge is publicly charged with involvement in proceedings before the Commission resulting in substantial unfairness to the judge, the Commission, at the request of the judge involved, may issue a short statement of clarification and corrections.

(d) If a judge is publicly associated with having engaged in serious reprehensible conduct or having committed a major offense, and after a preliminary investigation or formal hearing it is determined there is no basis for further proceedings or recommendation of discipline, the Commission may issue a short explanatory statement.

(e) When a formal hearing has been ordered in a proceeding in which the subject matter is generally known to the public and in which there is broad public interest, and in which confidence in the administration of justice is threatened due to lack of information concerning the status of the proceeding and requirements of due process, the Commission may issue one or more short announcements confirming the hearing, clarifying the procedural aspects, and defending the right of a judge to a fair hearing.

(f) If the person under investigation requests it, the charge, the proceedings of the Commission thereon, and the action of the Commission with respect to the charge, shall be made public.


(Adopted June 1, 1971, effective January 1, 1972. Amended April 21, 1972, effective December 1, 1972; amended September 21, 1979, effective September 21, 1979; amended June 9, 1980, effective June 9, 1980; amended November 12, 1987, effective December 1, 1987; amended May 22, 1987, effective January 1, 1988; amended January 28, 1998, effective January 28, 1998.)



First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.22 | Costs – How Paid – Taxation of

All costs and expenses shall be paid from the state treasury on order of the chairman of the Commission certified to the state commissioner of administration; provided, that if an order for the retirement, removal or discipline of any person is made, the Commission, in its discretion, may tax against such person the fees and mileage of witnesses ordered by him and the costs of serving subpoenas upon them.


(Adopted June 1, 1971, effective January 1, 1972. Amended November 12, 1987, effective December 1, 1987.)

First Adopted: June 01, 1971

Most Recently Effective: December 01, 1987

Rule 12 | Rules Governing The Missouri Bar and the Judiciary | Commission on Retirement, Removal and Discipline

12.23 | Copies of Orders to be Furnished Certain State Officers

A certified copy of any final order of this Court affecting the tenure or compensation of any judge shall be delivered by the clerk of this Court to the governor, secretary of state, state courts administrator and commissioner of administration of the state of Missouri, and to the chief executive officers of any county or municipality that pays any part of the compensation of said judge.


(Adopted June 1, 1971, effective January 1, 1972. Amended September 21, 1979, effective September 21, 1979;  amended November 21, 1985, effective July 1, 1986; amended November 12, 1987, effective December 1, 1987.)