Supreme Court of Missouri
en banc
May 12, 2009
Effective July 1, 2009
Effective July 1, 2009
In re:
Repeal of subdivision 5.12, entitled "Request for Review by Complainant," of Rule 5, entitled "Complaints and Proceedings Thereon" and in lieu thereof adoption of a new subdivision 5.12, entitled "Request for Review by Complainant."
ORDER
1. It is ordered that effective July 1, 2009, subdivision 5.12 of Rule 5 be and the same is hereby repealed and a new subdivision 5.12 adopted in lieu thereof to read as follows:
- 5.12 REQUEST FOR REVIEW BY COMPLAINANT
(a) If the chief disciplinary counsel or a regional disciplinary committee finds after investigation that there is no probable cause to believe that the lawyer has violated Rule 4, the complainant shall be so notified in writing within 10 days of the determination.
(b) The complainant may seek review of the chief disciplinary counsel or regional disciplinary committee’s determination by filing a request for review with the advisory committee. The request shall be filed within 30 days of the date of the mailing of the notice by the chief disciplinary counsel or the regional disciplinary committee.
(c) If the advisory committee finds a substantial need for further investigation or analysis, it may assign the complaint to:
- (1) The chief disciplinary counsel, if the chief disciplinary counsel did not make the initial determination; or
(2) A regional disciplinary committee that did not conduct the initial investigation.
If the advisory committee assigns the complaint to the chief disciplinary counsel, the chief disciplinary counsel may accept the assignment or assign the complaint to a regional disciplinary committee that did not conduct the initial investigation.
(d) If the advisory committee does not find a substantial need for further investigation or analysis, it shall notify the complainant of its findings.
3. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
______________________
LAURA DENVIR STITH
Chief Justice