Supreme Court of Missouri
en banc

In re:

       Repeal 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 6.06, entitled "Return to Active Status."

ORDER

1. It is ordered that effective January 1, 2016, subdivision 6.01 be and the same is hereby repealed and a new subdivision 6.01 adopted in lieu thereof to read as follows: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:

(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 at least 15 hours of continuing legal education within 12 months prior to the date the application is submitted. At least two of the 15 hours shall be for accredited programs and activities devoted to professionalism, legal or judicial ethics, or malpractice prevention.

(b) Within 45 days of receiving the application, the chief disciplinary counsel shall determine if the return to active status requires inquiry beyond 45 days in order to be approved. If no such inquiry is necessary and the chief disciplinary counsel approves the application, the chief disciplinary counsel shall so notify the clerk of this Court and the applicant, and the Court shall return the applicant to active status.

(c) If the chief disciplinary counsel does not approve the application or determines that the return to active status requires inquiry beyond 45 days, the chief disciplinary counsel shall notify the applicant that the applicant must file a petition to return to active status with this Court within 30 days of the date of the receipt of the notice that the application is not approved or that further inquiry is required. The petition shall be accompanied by:

(1) The docket fee prescribed by Rule 81.04; and
 
(2) An investigation fee of $200, which shall be deposited to the credit of the advisory committee fund.

No report or hearing shall be had on any petition until the required fees are paid.

If the petition is not filed within 30 days as required, a new application may be filed at any time.

(d) If a petition to return to active status is filed in this Court, the petition shall be referred to the chief disciplinary counsel for report and recommendation. The report shall be served on the petitioner by the chief disciplinary counsel as provided in Rule 5.18. The petitioner may file a written response to the report with the chief disciplinary counsel within 15 days of the date of the mailing of the report.

(e) The report, recommendation, and response, if any, to a petition to return to active status shall be filed with this Court by the chief disciplinary counsel upon receipt of the response or the expiration of the time for making a response. A copy of the application submitted to the chief disciplinary counsel shall be attached to the report. The Court shall make a determination whether to return the petitioner to active status on the basis of the petition, report, application, recommendation, and response.

(f) Upon its review of a petition to return to active status, the Court may direct the advisory committee to appoint a disciplinary hearing panel.

(1) The disciplinary hearing panel shall conduct a hearing into any allegations of misconduct contained in the report to which the petitioner objects.  The hearing shall be conducted as provided in Rule 5.14.

(2) The disciplinary hearing panel shall file a report with the clerk of this Court. The panel's report shall discuss all matters in dispute and make a recommendation as to whether the petitioner’s license should be returned to active status.