Supreme Court of Missouri
en banc
March 30, 2004
Effective April 1, 2004
Effective April 1, 2004
In re:
(1) Repeal of subdivision (h) of subdivision 5.28, entitled "Reinstatement," of Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of a new subdivision (h) of subdivision 5.28, entitled "Reinstatement."
ORDER
1. It is ordered that effective April 1, 2004, subdivision (h) of subdivision 5.28 of Rule 5 be and the same is hereby repealed and a new subdivision (h) of subdivision 5.28 adopted in lieu thereof to read as follows:
5.28. REINSTATEMENT
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(h) All applications for reinstatement shall be referred to the chief disciplinary counsel for report and recommendation. The report shall be served by the chief disciplinary counsel on the applicant for reinstatement as provided in Rule 5.18. The applicant may file a written response to the report with the chief disciplinary counsel within 15 days of the date of the mailing of the report.The report, recommendation, and response, if any, shall be filed by the chief disciplinary counsel with this Court upon receipt of the response or the expiration of the time for making a response. The Court shall make a determination whether to reinstate the license of the applicant on the basis of the report, recommendation and response.
If the applicant has been suspended indefinitely with leave to reapply in a period of six months or less and is not on probation under Rule 5.225, the license shall be reinstated as a matter of course 30 days after the application for reinstatement is referred to the chief disciplinary counsel for report and recommendation. If within this 30-day period the chief disciplinary counsel files a motion to respond to the application for reinstatement, the license shall not issue and the matter shall proceed as otherwise provided in this Rule 5.28(h).
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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RONNIE L. WHITE
Chief Justice