Supreme Court of Missouri
en banc

In re:

Repeal of subdivision (b) of subdivision 5.08, entitled “Investigations – Jurisdiction,” of Supreme Court Rule 5, entitled “Complaints and Proceedings Thereon,” and in lieu thereof adoption of a new subdivision 5.08, entitled “Investigations – Jurisdiction,” and adoption of a new subdivision 5.315, entitled “Immunity and Privileges.”


1.  It is ordered that effective January 1, 2001, subdivision 5.08(b) of Supreme Court Rule 5 be and the same is hereby repealed and a new subdivision 5.08(b) adopted in lieu thereof and a new subdivision 5.315 adopted, said subdivisions to read as follows:

5.08. INVESTIGATIONS - JURISDICTION


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(b) If a regional disciplinary committee is unable to undertake or complete an investigation for any reason, notice of this fact shall be given to the chief disciplinary counsel.  The chief disciplinary counsel shall refer the matter to a different committee or shall conduct the investigation.  If the chief disciplinary counsel is unable to undertake or complete an investigation or is otherwise disqualified from acting in any matter, notice of this fact shall be given to the advisory committee.  The advisory committee may send a written request for information to the lawyer or complainant if the committee believes the response will conclude the investigation or assist in determining to which regional disciplinary committee the matter should be referred.  If the response does not conclude the investigation or if no written request is made, the advisory committee shall refer the matter to an appropriate regional disciplinary committee.

5.315  IMMUNITY AND PRIVILEGES
(a) Communications submitted to the advisory committee, chief disciplinary counsel, regional disciplinary committees, disciplinary hearing panels, or the staffs of any of these entities relating to lawyer misconduct or disability are absolutely privileged if submitted in good faith.  No lawsuit predicated on such communications may be instituted.
(b) All complainants and all witnesses are immune from suit for any testimony given in the course of any proceeding under this Rule 5.
(c) The advisory committee, chief disciplinary counsel, regional disciplinary committees, disciplinary hearing panels, their staffs and representatives are immune from suit for any conduct in the course of their official duties.

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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WILLIAM RAY PRICE, JR.
Chief Justice