Supreme Court of Missouri
en banc

 
In re:
 
Repeal of subdivision 5.31, entitled "Records of Investigations and Formal Proceedings," of Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of a new subdivision 5.31, entitled "Records of Investigations and Formal Proceedings."
 

 

1. It is ordered that effective July 1, 2012, subdivision 5.31 of Rule 5 be and the same is hereby repealed and a new subdivision 5.31 adopted in lieu thereof to read as follows:

   
5.31 RECORDS OF INVESTIGATIONS AND PROCEEDINGS

(a) Confidential records and proceedings.
 

(1) All proceedings and the records of all proceedings under this Rule 5 shall be confidential except as otherwise provided in this Rule 5.31.


(2) All confidential records shall be deposited with the chief disciplinary counsel.

(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 media access and the recording of open disciplinary hearings 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 social security numbers and financial account numbers shall be redacted from any materials that are public except for the last four digits of such numbers.
 
(6) The following aspects of otherwise public proceedings shall remain confidential:

 
(A) Deliberations by a disciplinary hearing panel or special master;
 
(B) Deliberations of and work product prepared by the chief disciplinary counsel, the chief disciplinary counsel’s staff, the advisory committee, and the regional disciplinary committees.


(c) Protective Orders and Closing Records After Disposition.

A protective order may be issued upon application and for good cause shown in order to protect the interests of a complainant, witness, third party, or respondent.
 

(1) A protective order may be issued by the chair of the advisory committee prior to the appointment of a disciplinary hearing panel or special master. The special master, or the disciplinary hearing panel may issue a protective order from the time of its appointment until an information, if any, is filed in this Court.
 
(2) A protective order may prohibit the disclosure of specific information and direct that the proceedings be conducted so as to implement the order including, but not limited to, an order that the hearing be conducted in such a way as to preserve the confidentiality of the information that is the subject of the application.
 
(3) Special consideration shall be given to an application for a protective order regarding information that is confidential or privileged by operation of law.
 
(4) When good cause is shown and a protective order is necessary, the order should be written as narrowly as is practicably feasible.
 
(5) Once issued, a protective order is effective throughout the disciplinary proceeding, including disposition by this Court if the matter is reviewed by this Court, but is subject to withdrawal or modification.

 
If a disciplinary hearing panel recommends dismissal of an information and the chief disciplinary counsel accepts the recommendation, records of the information shall be confidential upon request of the respondent.
 
If this Court dismisses an information, the respondent may move to have records of the information sealed from public access.
 
(d) Permissible disclosure of confidential records.
 
(1) Confidential records may be inspected only by the advisory committee, chief disciplinary counsel, members of the regional disciplinary committee conducting an investigation, the person complained against or that person's duly authorized representative, unless otherwise ordered by this Court. A complainant may be provided with copies of those materials the complainant submitted.
 
(2) If public statements that are false or misleading are made about any otherwise confidential disciplinary proceeding or record, the chief disciplinary counsel or advisory committee chair may disclose information to the extent necessary to correct such false or misleading statements.
 
(3) The chief disciplinary counsel may make otherwise confidential records of disciplinary proceedings available to:
 
(A) The commission on retirement, removal and discipline when the confidential records relate to a possible violation of Rule 2;
 
(B) The board of law examiners when the confidential records relate to the qualifications of an applicant for admission;
 
(C) Appropriate lawyer disciplinary authorities in other jurisdictions when the confidential records relate to possible violations by a lawyer licensed, or applying for licensure, in that jurisdiction;
 
(D) Law enforcement agencies acting within the scope of their lawful authority when the confidential records relate to possible criminal conduct; and
 
(E) Other persons as reasonably necessary to perform duties under this Rule 5.

 
(4) Nothing in this Rule 5.31(d) compels the chief disciplinary counsel to make confidential records available under Rule 5.31(d)(3) without a subpoena and court order.

 
(e) Dissemination of disciplinary information.
 
Notice of discipline imposed by this Court under Rule 5, reinstatements, and readmissions shall be given by the chief disciplinary counsel:
 
(1) To the disciplinary enforcement agency of every other jurisdiction in which the respondent is admitted;
 
(2) For publication in the Journal of The Missouri Bar and a newspaper of general circulation in the judicial circuit in which the lawyer has most recently designated an address with The Missouri Bar.
 
(3) To the presiding judge of each judicial circuit and each chief judge of the court of appeals.
 
This Court, the chief disciplinary counsel, and The Missouri Bar may disseminate public records of lawyer discipline by additional means. The chief disciplinary counsel also may transmit copies of such records to other tribunals and agencies.

 
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

_____________________________
RICHARD B. TEITELMAN
Chief Justice