Supreme Court of Missouri
en banc
June 27, 2011
Effective July 1, 2011
Effective July 1, 2011
In re:
Repeal of subdivisions (c), (d), and (e) of subdivision 5.245, entitled “Suspension for Failure to Pay Tax,” and subdivision (d) of subdivision 5.28, entitled "Reinstatement," of Rule 5, entitled “Complaints and Proceedings Thereon,” and in lieu thereof adoption of a new subdivision (c) and a new subdivision (d) of subdivision 5.245, entitled “Suspension for Failure to Pay Tax,” and a new subdivision (d) of subdivision 5.28, entitled "Reinstatement."
ORDER
1. It is ordered that effective July 1, 2011, subdivisions (c), (d), and (e) of subdivision 5.245 and subdivision 5.28(d) of Rule 5 be and the same are hereby repealed and a new subdivision (c) and a new subdivision (d) of subdivision 5.245(c) and a new subdivision 5.28(d) adopted in lieu thereof to read as follows:
- 5.245 SUSPENSION FOR FAILURE TO PAY TAX
* * *
(c) The matter is satisfactorily resolved if:
(1) The department of revenue revises its report to the clerk of this Court by removing the name of the lawyer from the report; or
(2) The lawyer provides an affidavit setting out facts showing that the tax liability is being contested in appropriate administrative or judicial proceedings. The affidavit shall not be notarized by the lawyer, any relative of the lawyer within the third degree of relationship by consanguinity or affinity, or any person employed by the lawyer or the lawyer's law firm.
(d) The clerk shall notify the chief disciplinary counsel of every lawyer suspended under this Rule 5.245.
5.28 REINSTATEMENT
* * *
(d) The provisions of Rules 5.28(b)(4) and (5) do not apply to a person seeking reinstatement because the person’s license was suspended for more than three years solely for failure to comply with Rule 15 or failure to pay the annual enrollment fee. The provisions of Rule 5.28(b)(4) do not apply to a person filing a petition for reinstatement within six months of a suspension under Rule 5.245 if the petition contains a statement that the cause of suspension under Rule 5.245 has been resolved and the department of revenue confirms that statement.
* * *
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
___________________________________
MARY R. RUSSELL
Acting Chief Justice