Supreme Court of Missouri
en banc
November 13, 2002
In re:
Repeal of subdivision 5.16, entitled “Decision of Disciplinary Hearing Panel - Findings and Recommendations,” of Rule 5, entitled “Complaints and Proceedings Thereon,” and in lieu thereof adoption of a new subdivision 5.16, entitled “Decision of Disciplinary Hearing Panel - Findings and Recommendations.”
ORDER
1. It is ordered that subdivision 5.16 of Rule 5 be and the same is hereby repealed and a new subdivision 5.16 adopted in lieu thereof to read as follows:
- 5.16 DECISION OF DISCIPLINARY HEARING PANEL - FINDINGS
AND RECOMMENDATIONS
The disciplinary hearing panel shall render a written decision within 30 days of the completion of the hearing. The decision shall include a finding regarding each specific act of misconduct charged in the information and, in those cases where there is a finding of any violation of Rule 4, shall also include a recommendation for discipline.
The recommended discipline may include a public reprimand, suspension or disbarment, or a combination of the above. If a recommendation for suspension or disbarment is included, it may suggest a length of time that must elapse before the respondent is eligible to apply for reinstatement and may include other conditions precedent to consideration of an application for reinstatement.
The written decision shall be filed with the chair of the advisory committee and served on the respondent, the counsel for the informant and the chief disciplinary counsel.
Neither the findings nor the recommendation shall have any binding or limiting effect on this Court in reaching a final determination in any case.
The time requirements for issuance of the written decision contained in this Rule 5.16 are guidelines and are not jurisdictional.
3. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
____________________________
STEPHEN N. LIMBAUGH, JR.
Chief Justice