Supreme Court of Missouri
en banc

In re: Adoption of a new subdivision 5.085, entitled "Period of Limitation," of Rule 5, entitled "Complaints and Proceedings Thereon."


1.  It is ordered that effective January 1, 2007, subdivision 5.085 of Rule 5 be and the same is hereby adopted to read as follows:

Rule 5.085  PERIOD OF LIMITATION

(a) Investigations under this Rule 5 may be undertaken only within five years after the chief disciplinary counsel knows or should know of the alleged acts of misconduct.  If the investigation involves a course of misconduct, the time of limitation shall date from the last act of misconduct.  Investigations relating to a felony, requests for reciprocal discipline under Rule 5.20, and requests for discipline under Rule 5.21 are not subject to any time limitation.
(b) The limitation period is tolled during any time tolling would be allowed in law, including the period:
(1) The lawyer actively conceals the professional misconduct; and
(2) The client has not attained the age of eighteen years or is incapacitated.
(c) This Rule 5.085 does not affect investigation of matters of which the chief disciplinary counsel knows or should know before January 1, 2007.

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

____________________________
MICHAEL A. WOLFF
Chief Justice