Supreme Court of Missouri
en banc
August 21, 2001
Effective September 1, 2001
Effective September 1, 2001
In re:
(1) Repeal of subdivision 5.06, entitled “Chief Disciplinary Counsel,” of Supreme Court Rule 5, entitled “Complaints and Proceedings Thereon,” and in lieu thereof adoption of a new subdivision 5.06, entitled “Chief Disciplinary Counsel.”
(2) Repeal of subdivision 6.01(k), entitled “Setting Advisory Committee Fee,” and subdivision 6.01(l), entitled “Current Fee,” of Supreme Court Rule 6, entitled “Annual Enrollment Statement,” and in lieu thereof adoption of a new subdivision 6.01(k), entitled “Setting Advisory Committee Fee,” and a new subdivision 6.01(l), entitled “Current Fee.”
(3) Adoption of a new subdivision 8.115, entitled “Temporary Practice by Lawyers Applying for Admission to The Missouri Bar,” of Supreme Court Rule 8, entitled “Admission to the Bar.”
ORDER
1. It is ordered that effective September 1, 2001, subdivision 5.06 of Rule 5 be and the same is hereby repealed and a new subdivision 5.06 adopted in lieu thereof to read as follows:
- 5.06. Chief Disciplinary Counsel
This Court shall appoint a "Chief Disciplinary Counsel," who shall serve at the pleasure of the Court.
The chief disciplinary counsel shall be a member of The Missouri Bar or become a member within 18 months of the date of appointment.
Before commencing duties as the chief disciplinary counsel, the counsel shall take an oath to support the constitution of the United States and this state and to fairly and impartially perform the counsel's duties.
The counsel shall devote full time to the duties of office and shall not engage in the practice of law, except in the general fulfillment of the counsel's duties.
The chief disciplinary counsel or the counsel's designated assistants shall serve as counsel for the bar in all disciplinary proceedings and shall conduct necessary investigations as provided in this Rule 5.
The compensation of the chief disciplinary counsel shall be fixed by this Court.
2. It is ordered that effective September 1, 2001, subdivisions 6.01(k) and 6.01(l) of Rule 6 be and the same are hereby repealed and a new subdivision 6.01(k) and a new subdivision 6.01(l) adopted in lieu thereof to read as follows:
- 6.01. Annual Enrollment Fee and Statement - Exemptions –
Penalties
* * *
If the chief disciplinary counsel deems it necessary that the amount of the advisory committee fee for the next ensuing year be changed, the chief disciplinary counsel shall so advise this Court not later than July 1st prior thereto and the amount recommended. The recommendations of the chief disciplinary counsel shall be accompanied by:
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(1) A financial statement of the advisory committee fund for the immediately preceding calendar year and an interim report for the calendar year to a date not more than 45 days prior to filing of the recommendation, and
(2) The proposed budget of the chief disciplinary counsel for the next two calendar years thereafter.
(l) Current Fee. The amounts fixed by this Court for the bar fee and the advisory committee fee shall be as follows for each of the categories of persons described above:
Committee Total Annual
Bar Fee Fee Enrollment Fee
Category (1) $137.00 $61.00 $198.00
Category (2) 82.00 61.00 143.00
Category (3) 72.00 61.00 133.00
The total amount of the bar fee and the advisory committee fee for each category shall be the enrollment fee for that category for the year 2002 and the subsequent years unless and until changed as hereinabove provided.
3. It is ordered that effective September 1, 2001, subdivision 8.115 of Rule 8 be and the same is hereby adopted to read as follows:
- 8.115 Temporary Practice by Lawyers Applying for Admission to The Missouri Bar
(a) Any lawyer meeting the following qualifications may apply to practice law temporarily in Missouri as provided in this Rule 8.115. The lawyer shall not have previously failed the Missouri bar examination and shall be:
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(1) An applicant for admission to The Missouri Bar under Rule 8.06 or Rule 8.10,
(2) An active member in good standing of the highest court of a state or territory of the United States, and
(3) Not under suspension or disbarment by any court of record or the subject of any pending disciplinary complaints.
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(1) The applicant has applied for admission to The Missouri Bar under Rule 8.06 or Rule 8.10,
(2) The name and bar number of a supervising lawyer, who need not be in the same firm as the applicant,
(3) The supervising lawyer is actively licensed to practice law in Missouri, and
(4) The applicant will be supervised as provided in Rule 4-5.1.
(d) Upon approval by the Court, the applicant shall be issued a certificate to practice law in this state temporarily. The certificate shall be valid for 12 months from the date it is issued.
(e) The certificate shall be revoked immediately without further action by the Court if the applicant:
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(1) Fails the bar examination,
(2) Fails to take the bar examination when eligible to do so,
(3) Is denied permission to take the bar examination, or
(4) Is denied admission without examination and is not permitted to take the examination in lieu thereof.
4. It is It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
____________________________
STEPHEN N. LIMBAUGH, JR.
Chief Justice