Supreme Court of Missouri
en banc

In re:

Repeal of subdivisions (a) and (c) of subdivision 5.245, entitled “Suspension for Failure to Pay Tax,” of Rule 5, entitled “Complaints and Proceedings Thereon,” and in lieu thereof adoption of a new subdivision (a) and a new subdivision (c) of subdivision 5.245, entitled “Suspension for Failure to Pay Tax.”



1.  It is ordered that subdivision 5.245(a) and subdivision 5.245(c) of Rule 5 be and the same are hereby repealed and a new subdivision 5.245(a) and a new subdivision 5.245(c) adopted in lieu thereof to read as follows:

5.245  SUSPENSION FOR FAILURE TO PAY TAX

(a) If the director of revenue reports to the clerk of this Court under section 484.053, RSMo, that a lawyer is delinquent on a tax or failed to file tax returns, the clerk shall notify the lawyer that the lawyer's license to practice law is subject to automatic suspension unless the matter is satisfactorily resolved within 30 days of the date of the last notice sent by the clerk.


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(c) The matter is satisfactorily resolved if the lawyer files with the clerk of this Court an affidavit attesting that the lawyer has received a certification of tax compliance from the department of revenue.

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.

The lawyer shall attach to the affidavit a copy of the certification received from the department.


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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

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LAURA DENVIR STITH
Chief Justice