Supreme Court of Missouri
en banc

In re:

Repeal of subdivisions (c) and (d) of subdivision 5.19, entitled “Procedure Following Decision of a Disciplinary Hearing Panel,” of Supreme Court Rule 5, entitled “Complaints and Proceedings Thereon,” and in lieu thereof adoption of new subdivisions (c) and (d) of subdivision 5.19, entitled “Procedure Following Decision of a Disciplinary Hearing Panel.”


1.  It is ordered that subdivisions (c) and (d) of subdivision 5.19 of Supreme Court Rule 5 be and the same are hereby repealed and new subdivisions (c) and (d) of subdivision 5.19 adopted in lieu thereof to read as follows:

5.19    PROCEDURE FOLLOWING DECISION OF A DISCIPLINARY HEARING PANEL


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(c) If the disciplinary hearing panel after a hearing recommends dismissal of the information and the parties concur in the panel's written decision, the chief disciplinary counsel shall dismiss the information. 

If the disciplinary hearing panel after a hearing recommends discipline and the parties concur in the panel's written decision, the parties shall file with this Court a copy of the panel's decision and a written stipulation of their concurrence in the panel's written decision including the recommendation for discipline. 

The stipulation shall be filed in this Court within thirty days after the date of the panel's decision. 

If the Court concurs in the panel's recommendation of discipline, the Court shall adopt the recommendation without further hearing or proceeding.

(d) If:

(1) The chief disciplinary counsel does not concur in the panel's decision to dismiss the information,
(2) The parties do not file a written stipulation within thirty days after the date of the panel's decision, or
(3) This Court does not concur with the panel's recommendation of discipline,
the chief disciplinary counsel shall file in this Court the complete record made before the disciplinary hearing panel within thirty days after the deadline for filing a stipulation or as otherwise ordered by this Court.  The matter shall be briefed and argued in this Court as though a petition for an original remedial writ has been sustained. 



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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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STEPHEN N. LIMBAUGH, JR.
Chief Justice