Order dated May 31, 2001 re: Supreme Court Rule 5.19 Procedure Following Decision of a Disciplinary Hearing Panel

Supreme Court of Missouri
en banc

May 31, 2001

Effective July 1, 2001

In re:

Repeal 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 a new subdivision 5.19, entitled “Procedure Following Decision of a Disciplinary Hearing Panel.”

ORDER

1. It is ordered that effective July 1, 2001, subdivision 5.19 of Supreme Court Rule 5 be and the same is hereby repealed and a new subdivision 5.19 adopted in lieu thereof to read as follows:

5.19 PROCEDURE FOLLOWING DECISION OF A DISCIPLINARY HEARING PANEL

(a) After a hearing, a disciplinary hearing panel may find that the information should be dismissed, a written admonition should be administered to the respondent, or that further proceedings are warranted.

(b) If a written admonition is administered to the respondent, it shall be served upon the respondent as provided in Rule 5.18.

Within fifteen days of the receipt of the admonition, the respondent so admonished shall accept or reject the admonition in writing. If accepted, the written admonition shall become part of the record. Failure of the respondent to timely respond in writing is an acceptance of the admonition.

If the admonition is rejected, the disciplinary hearing panel shall render a written decision within fifteen days of receipt of the rejection or within the time provided for a decision in Rule 5.16, whichever is later. The decision shall include the findings and recommendations required by Rule 5.16.

If the admonition is rejected, the admonition shall not be used as evidence or otherwise for any purpose, except as provided in Rule 5.31.

(1) Dismissal of the information, or
(2) 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 dismissal or 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 dismissal or discipline, the Court shall adopt the recommendation without further hearing or proceeding.

(1) The parties do not file a written stipulation within thirty days after the date of the panel's decision, or
(2) This Court does not concur with the panel's decision,
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.

(e) If this Court finds for the respondent, it shall dismiss the information.

If this Court finds the professional misconduct charged in the information, it shall impose appropriate discipline.

(f) When requested by the respondent, and upon a showing of financial inability to employ counsel, this Court shall appoint counsel to represent the respondent in this Court. Compensation shall be fixed by this Court and shall be payable from the Advisory Committee Fund.

(g) If the respondent is a member of the bar of this state and is also licensed in any other state, a copy of this Court's decision to discipline shall be forwarded to the chief disciplinary counsel. The chief disciplinary counsel shall forward the decision to the appropriate disciplinary authorities of the other states wherein the respondent is licensed.

If the respondent is a member of the bar of another state and not of this state and the charges are found to be true, this Court shall render a judgment finding respondent guilty and shall reprimand the respondent or enjoin the respondent from practicing law within the state of Missouri for a time fixed in the discretion of this Court. A copy of this Court's order shall be forwarded to the chief disciplinary counsel. The chief disciplinary counsel shall forward the order to the appropriate disciplinary authorities of the states wherein the respondent is licensed.

(h) Costs in the matter shall be taxed as this Court, in its discretion, may order.

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

____________________________
STEPHEN N. LIMBAUGH, JR.
Acting Chief Justice