Supreme Court of Missouri
en banc
September 11, 2002
Effective January 1, 2003
In re:
Repeal of subdivision 5.07, entitled “Assistants – Location of Offices - Expenses,” and subdivision 5.30, entitled "Opinions and Regulations by Advisory Committee," of Rule 5, entitled “Complaints and Proceedings Thereon,” and in lieu thereof adoption of a new subdivision 5.07, entitled “Assistants – Location of Offices - Expenses,” and subdivision 5.30, entitled "Opinions and Regulations by Advisory Committee.”
ORDER
1. It is ordered that effective January 1, 2003, subdivisions 5.07 and 5.30 of Rule 5 be and the same are hereby repealed and a new subdivision 5.07 and a new subdivision 5.30 adopted in lieu thereof to read as follows:
- 5.07 ASSISTANTS - LOCATION OF OFFICES - EXPENSES
(a) With the approval of this Court, the chief disciplinary counsel may appoint deputy disciplinary counsel, who shall have the same qualifications as the chief disciplinary counsel, who shall serve at the pleasure of the chief disciplinary counsel, and who shall have such powers as may be designated by the chief disciplinary counsel. The chief disciplinary counsel may appoint or employ special representatives to make investigations for the purpose of aiding in the enforcement of Rules 4, 5, 6, and 8.07; may appoint or employ special counsel to prosecute any information, complaint or proceeding instituted or pending before any committee or court; and may employ staff attorneys. The chief disciplinary counsel may also accept the assistance of volunteer attorneys. The chief disciplinary counsel may employ necessary secretarial and clerical assistants.
(b) The chief disciplinary counsel shall select an ethics counsel subject to the approval of the advisory committee. The ethics counsel shall serve as staff to the advisory committee, but shall be attached to the office of chief disciplinary counsel for administrative purposes. The advisory committee may employ necessary support staff for the ethics counsel.
(c) The advisory committee and the chief disciplinary counsel shall maintain such offices as designated by this Court.
(d) All expenses incurred pursuant to this Rule 5 shall be approved by the chief disciplinary counsel and paid out of the Advisory Committee Fund.
5.30 OPINIONS AND REGULATIONS BY ADVISORY COMMITTEE
(a) The advisory committee may give formal opinions as to the interpretations of Rules 4, 5, and 6, and the amendments or additions thereto and may make regulations consistent therewith for the administration of Rules 4, 5, and 6. Formal opinions and regulations of the advisory committee shall be published in the Journal of The Missouri Bar after adoption thereof.
(b) The chief disciplinary counsel or any member of the bar who is substantially and individually aggrieved by any formal opinion of the advisory committee may petition this Court for review of the opinion. The Court in its discretion may direct that the petition be briefed and argued as though a petition for an original remedial writ has been sustained, may sustain, modify or vacate the opinion, or may dismiss the petition.
(c) The ethics counsel on behalf of the advisory committee on request may give a member of the bar an informal opinion on matters of special concern to the lawyer. Informal opinions are not binding. Written summaries of informal opinions may be published for informational purposes as determined by the advisory committee.
3. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
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STEPHEN N. LIMBAUGH, JR.
Chief Justice