Supreme Court of Missouri
en banc
In re:
(1) Repeal of subdivision 5.28, entitled "Reinstatement," of Supreme Court Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of a new subdivision 5.28, entitled "Reinstatement."
(2) Repeal of Supreme Court Rule 6, entitled "Annual Enrollment Statement," consisting of subdivisions 6.01 to 6.08, inclusive, and in lieu thereof adoption of a new Supreme Court Rule 6, entitled "Annual Enrollment," consisting of subdivisions 6.01 to 6.11, inclusive.
(3) Repeal of subdivision 8.03, entitled "Eligibility to Take the Bar Examinations," and subdivisions (b) and (c) of subdivision 8.05, entitled "Qualifications," of Supreme Court Rule 8, entitled "Admission to the Bar," and in lieu thereof adoption of a new subdivision 8.03, entitled "Eligibility to Take the Bar Examinations," and new subdivisions (b) and (c) of subdivision 8.05, entitled "Qualifications."
(4) Repeal of subdivision (b) of subdivision 9.09, entitled "Foreign Legal Consultants --Application and Annual Fees," of Supreme Court Rule 9, entitled "Practice by Nonresident Attorneys," and in lieu thereof adoption of a new subdivision (b) of subdivision 9.09, entitled "Foreign Legal Consultants -- Application Procedure."
(5) Repeal of subdivision (e) of subdivision 15.05, entitled "Continuing Legal Education Requirements," of Supreme Court Rule 15, entitled "Continuing Legal Education," and in lieu thereof adoption of a new subdivision (e) of subdivision 15.05, entitled "Continuing Education Requirements."
1. It is ordered that effective January 1, 2000, subdivision 5.28 of Supreme Court Rule 5 be and the same is hereby repealed and a new subdivision 5.28 adopted in lieu thereof to read as follows:
5.28 REINSTATEMENT
(a) Any person:
(1) Who is disbarred;
(2) Whose license to practice law is suspended, except a suspension for failure to pay the annual enrollment fee for less than three years; or
(3) Who voluntarily surrendered a license;
may seek reinstatement of the person's license upon application to this Court pursuant to this Rule 5.28.
(b) Any application for reinstatement shall include specific allegations showing that:
(1) The cause for suspension, surrender, or disbarment has abated;
(2) All persons injured as a result of the conduct that resulted in the loss of the right to practice law have received restitution, their claims have been discharged by operation of law, or the injured persons have been notified at least ten days but not more than ninety days in advance of the filing of the petition for reinstatement;
(3) All special conditions for reinstatement required by this Court at the time the right to practice law was lost have been accomplished;
(4) The person has taken within the two years immediately preceding the application the multistate professional responsibility examination and scored a grade at least equal to that established by the board of law examiners as passing at the time the examination was taken;
(5) If the person has not practiced law in any jurisdiction during the period of discipline and has been disciplined for:
(A) Less than three years, the person has completed at least fifteen hours of continuing legal education credit within twelve months prior to the date the petition is filed; or
(B) At least three years, the person has completed at least thirty hours of continuing legal education credit, including at least three hours of ethics credit, within twenty-four months prior to the date the petition is filed.
For purposes of this Rule 5.28(b)(5), a person shall be engaged in the full-time practice of law for at least twelve months immediately prior to the date of filing the petition for reinstatement to be deemed a lawyer who practiced law; and
(6) The person is of good moral character and the best interest of the public will be served by reinstatement of the person's license to practice law.
(c) A person seeking reinstatement because he or she is disbarred is not required to include specific allegations contained in Rule 5.28(b)(5). Such person shall include specific allegations that within one year of the date of filing the application for reinstatement the person has taken the bar examination prescribed by Rule 8.08 and has attained a passing score.
(d) The provisions of Rules 5.28(b)(4) and (5) do not apply to a person seeking reinstatement because the person's license was suspended solely for failure to pay the annual enrollment fee for more than three years.
(e) Except for good cause shown, no application for reinstatement for a person who is:
(1) Suspended shall be considered until after six months of the date discipline is imposed unless the Court provides by order for a longer time; or
(2) Disbarred shall be considered until after five years of the date discipline is imposed.
(f) In addition to the requirements of Rule 5.28(b), upon application by any person suspended under the provisions of Rule 5.23, this Court may direct such action as it deems necessary or proper, including the direction of an examination of the lawyer by such qualified medical expert as this Court shall designate. Rule 5.28(g) shall govern the cost incurred in processing such application.
At the time of filing such an application for reinstatement, the lawyer shall be required to disclose the name of every psychiatrist, psychologist, physician and hospital by whom and at which the lawyer has been examined or treated during the disability or since the suspension and shall furnish to this Court written consent for each to divulge such information and records as ordered by this Court.
This Court may fix the compensation to be paid to any medical expert appointed by this Court, and such charges shall be a cost of investigation as that term is used in Rule 5.28(g).
(g) When a person who has surrendered a license to practice law or who has been disbarred or suspended makes application for reinstatement, except an application for reinstatement as a matter of course under Rule 6.01(f), a cash deposit for costs of investigation and reporting on such application for reinstatement in the amount fixed by the chief disciplinary counsel shall be paid to the clerk of this Court within the time allowed by the chief disciplinary counsel. The amount paid shall be deposited to the credit of the advisory committee fund. No report or hearing shall be had on any application for reinstatement until the required deposit is made. The chief disciplinary counsel may at any time require an additional deposit if necessary to pay such costs. Any amount deposited in excess of the costs incurred shall be refunded to the applicant.
(h) All applications for reinstatement shall be referred to the chief disciplinary counsel for report and recommendation. The report shall be served by the chief disciplinary counsel on the applicant for reinstatement as provided in Rule 5.18. The applicant may file a written response to the report with the chief disciplinary counsel within fifteen days of the date of the mailing of the report.
The report, recommendation, and response, if any, shall be filed by the chief disciplinary counsel with this Court upon receipt of the response or the expiration of the time for making a response. The Court shall make a determination whether to reinstate the license of the applicant on the basis of the report, recommendation and response.
(i) In lieu of reinstating the applicant's license, the Court may direct the advisory committee to appoint a disciplinary hearing panel to conduct a hearing into any allegations of misconduct contained in the report to which the applicant objects. The hearing shall be conducted as provided in Rule 5.14.
The panel shall file a report. The report shall determine all matters in dispute and make a recommendation as to whether the applicant's license should be reinstated.
2. It is ordered that effective January 1, 2000, Supreme Court Rule 6, consisting of subdivisions 6.01 to 6.08, inclusive, be and the same is hereby repealed and a new Supreme Court Rule 6, consisting of subdivisions 6.01 to 6.11, inclusive, adopted in lieu thereof to read as follows:
6.01 ANNUAL ENROLLMENT FEE AND STATEMENT - EXEMPTIONS PENALTIES
(a) Fee Due. Each person licensed to practice law in this state shall pay to the clerk of this Court on or before January 31st of each year an enrollment fee, which shall be the total of the sums approved by this Court as the bar fee and the advisory committee fee. The fee is due and shall be paid regardless of any assessment, notice or demand by the clerk of this Court. Payment of the annual enrollment fee on or before January 31st of each year under this Rule 6.01 means either receipt thereof by the clerk on or before January 31st or the placing of the fee in the United States mail addressed to the clerk of this Court on or before January 31st. If January 31st is a Saturday, Sunday, or a legal holiday, payment of the enrollment fee must be made by the end of the next day that is neither Saturday, Sunday, nor a legal holiday.
(b) Enrollment Statement. At the time of payment of the enrollment fee, a lawyer shall furnish to the clerk of this Court an annual enrollment statement, on a form to be prescribed by the clerk, that shall provide:
(1) The lawyer's name;
(2) The lawyer's current mailing address;
(3) The lawyer's attorney enrollment number, as assigned by the clerk upon the lawyer's admission to the bar;
(4) The county, or city of St. Louis, if applicable, and, if other than Missouri, the state in which the lawyer maintains his or her residence; and
(5) The voting place designated by the lawyer for purposes of voting for members of The Missouri Bar board of governors.
(c) Initial Fee for New Members. A person admitted to the bar for the first time in this state, except a person admitted under Rule 8.10, Rule 8.105, Rule 9.09, or Rule 13.06, shall not be required to pay an enrollment fee until the 31st of January next following admission to the bar.
A person admitted to the bar of this state under Rule 8.10, Rule 8.105, Rule 9.09, or Rule 13.06 shall pay a proportional enrollment fee when first admitted. The proportional fee shall be calculated on the basis of the enrollment fee for the category selected by the person in effect on the date the person is admitted multiplied by the number of full months remaining in the calendar year the person is admitted divided by twelve.
(d) Persons Exempt from Fee. A person who:
(1) Is a retired judge, or
(2) Has been licensed to practice in this state for fifty years or more, or
(3) Has reached the age of seventy-five years, and
is then in good standing as a member of The Missouri Bar shall be excused from the payment of enrollment fees becoming due and payable thereafter.
(e) Receipt from Clerk. The clerk of this Court shall give each person paying the enrollment fee or excused from paying the enrollment fee a receipt therefor, which shall be evidence of the lawyer's good standing.
(f) Automatic Suspension. No lawyer shall be permitted to practice law or undertake or attempt to do a law business after the time when such enrollment fee is due unless the same has been paid. In default thereof, the lawyer shall be automatically suspended. Any lawyer thus suspended for such nonpayment shall be retroactively reinstated as a matter of course upon paying the enrollment fee prescribed for each calendar year of the suspension plus the accumulated penalty. If any lawyer remains delinquent for three consecutive years in the payment of any annual enrollment fee, the lawyer shall be required to apply to this Court under Rule 5.28 for reinstatement as a member in good standing.
(g) Additional Penalty for Nonpayment. A penalty of $50.00 shall be paid if a member is delinquent in the payment of fees. In addition, a penalty of $5.00 per month shall be paid for each month or fraction thereof during which a member is delinquent in payment of fees beginning with the month of March next following January 31st.
(h) Waiver of Fees and Penalties by Advisory Committee. Penalties and past due enrollment fees may be waived by the advisory committee upon proof satisfactory to it that any delinquency was caused by reason of physical or mental incapacity to engage in the practice of law. The advisory committee shall notify the chief disciplinary counsel of each such waiver granted and the reason therefor.
(i) Voting for Board of Governors. For purposes of Rule 6.01(b)(5), the voting place designated shall be the place where the lawyer is employed or maintains his or her principal office for the full time practice of law. The voting place designated at the time of the payment shall be one of the following:
(1) The city of St. Louis,
(2) The Kansas City portion of Jackson County,
(3) The portion of Jackson County that does not include Kansas City, or
(4) Any county other than Jackson County.
If the lawyer is a resident of Missouri but is not employed or engaged in the practice of law in Missouri, the voting place shall be the place in which the lawyer resides. The voting place designated shall be deemed the place of enrollment for the purposes of Rule 7.03.
A lawyer in category (3) under Rule 6.01(j) is ineligible to vote for election of members of The Missouri Bar board of governors.
A lawyer in category (3) may elect to pay the same enrollment fee assessed for lawyers in category (1) or, if eligible, the fee assessed for category (2) and become eligible to vote for the election of members of the board of governors. In the event of such election, the lawyer shall designate, for voting purposes, the voting place where the lawyer either last resided or maintained an office for the full time practice of law or was employed.
(j) Setting Bar Fee. The board of governors of The Missouri Bar is hereby authorized to fix the amount of the bar fee to be paid by each person licensed to practice law in this state. Such fee may be fixed at a different amount for each of the following categories of persons:
(1) All persons licensed and not included in category (2) or (3);
(2) Persons licensed less than three years, except those admitted to the bar without examination;
(3) Persons licensed but who neither reside, nor practice, nor are employed in this state;
provided, however, that any person included in both categories (2) and (3) need pay only the lesser of the two amounts applicable.
A certified copy of a resolution fixing the bar fee shall be filed with this Court on or before October 15th of the year prior to the effective date of any change in amount of the bar fee for any category of persons. The fee shall be effective January 1st next thereafter, unless this Court shall by order on or before November 1st following the date the resolution is filed disapprove the same in whole or in part.
The board shall file with its resolution a certified copy of:
(1) The financial statement of The Missouri Bar for the immediately preceding calendar year and an interim report for the current year to a date not more than forty-five days prior to filing of the resolution, and
(2) Its proposed budget for the next two calendar years thereafter.
The board shall provide for a reasonable time during the meeting in which a resolution to change the amount of the bar fee is being considered for expression of views of members of The Missouri Bar concerning the same.
(k) Setting Advisory Committee Fee. This Court shall fix the amount of the advisory committee fee by order. The fee shall be deposited in the advisory committee fund. The fee may be fixed at a different amount for each of the categories of person described above. The fee shall be fixed not later than August 1st of each year, and the board of governors of The Missouri Bar shall be informed thereof not later than August 5th next thereafter.
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:
(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 forty-five 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:
| Bar Fee | Advisory Committee Fee |
Total Annual Enrollment Fee |
|
| Category (1) | $137.00 | $46.00 | $183.00 |
| Category (2) | $82.00 | $46.00 | $128.00 |
| Category (3) | $72.00 | $46.00 | $118.00 |
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 2000 and the subsequent years unless and until changed as hereinabove provided.
6.02 NOTICE TO DELINQUENTS
(a) The clerk of this Court shall give notice on or before March 31st by certified mail, return receipt requested, to all lawyers shown by the records of the office to be delinquent in the payment of annual enrollment fees. The notice shall advise the lawyer of the length of the delinquency, the provisions of Rule 6.01(f), and the provisions of Rule 6.03. The notice shall also advise the lawyer that, unless application for reinstatement shall be filed within thirty days following the date of mailing, the lawyer's name will be stricken from the roll of attorneys maintained by the clerk, subject to reinstatement pursuant to Rule 6.01(f). If no response is received, a formal order striking the lawyer's name from the roll of attorneys shall be entered. The cost of mailing notice shall be borne by The Missouri Bar.
6.03 ELECTION TO BECOME INACTIVE
(a) Any lawyer who is not currently stricken from the roll of attorneys and who ceases to practice law in this state may notify the clerk of this Court that the lawyer has ceased to practice law and does not desire to pay annual enrollment fees. The lawyer shall be recorded as inactive on receipt of such notice.
(b) A lawyer recorded as inactive shall pay annually to the clerk of this Court a fee of $25. The fee shall be paid as provided in Rule 6.01(a). At the time of paying the fee, the lawyer shall provide the clerk with a current mailing address.
6.04 NOTIFICATION OF CIRCUIT CLERKS
The clerk of this Court on or before May 15th shall notify the circuit clerk or equivalent officer of each county and of the city of St. Louis of all lawyers enrolled in such county or city who have been stricken from the roll of attorneys pursuant to Rule 6.02 or who have elected to become inactive pursuant to Rule 6.03. The circuit clerk shall post the list in a conspicuous place in the clerk’s office. A list of stricken and inactive lawyers shall be furnished to the chief disciplinary counsel, who shall provide a copy of the list to each regional disciplinary committee.
6.05 UNAUTHORIZED PRACTICE BY STRICKEN OR INACTIVE LAWYERS
A lawyer who is stricken from the roll of attorneys pursuant to Rule 6.02 or who elects to become inactive pursuant to Rule 6.03 who engages in the practice of law or who does a law business in this state is guilty of professional misconduct and of the unauthorized practice of law. The chief disciplinary counsel or any regional disciplinary committee may institute proceedings under Rule 5 against any lawyer violating the provisions of this Rule 6.05 and may seek temporary or permanent injunctive relief in any court of competent jurisdiction.
6.06 RETURN TO ACTIVE STATUS
(a) A lawyer recorded as inactive may petition the Court to return to active status. The petition shall be accompanied by:
(1) The docket fee prescribed by Rule 81.04(c);
(2) Proof of payment of the current year’s enrollment fee prescribed for those described in Rule 6.01(j)(1);
(3) Proof of payment of all annual fees required by Rule 6.03; and
(4) A certificate of good standing from every jurisdiction other than Missouri in which the lawyer is licensed.
(b) If the lawyer has not practiced law in any jurisdiction during the period of inactive status and has been inactive for:
(1) Less than three years, the petition to return to active status also shall be accompanied by proof of completion of at least fifteen hours of continuing legal education credit within twelve months prior to the date the petition is filed; or
(2) At least three years, the petition to return to active status also shall be accompanied by proof of completion of at least thirty hours of continuing legal education credit, including at least three hours of ethics credit, within twenty-four months prior to the date the petition is filed.
(c) For purposes of this Rule 6.06, a lawyer shall be engaged in the full-time practice of law for at least twelve months immediately prior to the date of filing the petition to return to active status to be deemed a lawyer who practiced law.
(d) All petitions to return to active status shall be referred to the chief disciplinary counsel for report and recommendation. The report shall be served by the chief disciplinary counsel on the applicant for reinstatement as provided in Rule 5.18. The applicant may file a written response to the report with the chief disciplinary counsel within fifteen days of the date of the mailing of the report.
The report, recommendation and response, if any, shall be filed by the chief disciplinary counsel with this Court upon receipt of the response or the expiration of the time for making a response. The Court shall make a determination whether to return the petitioner to active status on the basis of the report, recommendation and response.
6.07 DISPOSITION OF INACTIVE AND ENROLLMENT FEES
(a) The part of the enrollment fee constituting the bar fee and all penalties collected shall be deposited promptly by the clerk of this Court as ex officio treasurer of The Missouri Bar in an account in the name of "The Missouri Bar".
(b) The annual fees collected from lawyers who are inactive and the part of the enrollment fee constituting the advisory committee fee shall be deposited promptly by the clerk of this Court as ex officio treasurer of the advisory committee fund in an account in the name of "The Advisory Committee Fund".
(c) By agreement between the chief disciplinary counsel and the board of governors of The Missouri Bar, with the approval of this Court, funds may be transferred from the advisory committee fund to the account of The Missouri Bar, or vice versa.
(d) To facilitate the collection and disposition of enrollment and inactive status fees collected, the clerk, with the authorization of this Court, may establish a bar fee processing account. Funds deposited in this account shall be paid over to The Missouri Bar account and the advisory committee account as soon as practicable.
6.08 FUNDS OTHER THAN ENROLLMENT FEES AND NONCASH ITEMS -- DISPOSITION
(a) All funds, including but not limited to gifts and gratuities, received by The Missouri Bar from whatever source, except funds designated for and administered by the trustees of The Missouri Bar, Mo. Bar Research, Inc., and Missouri Legal Aid Society, Inc., shall be deposited in the account known as "The Missouri Bar".
(b) All funds, including but not limited to gifts and gratuities, received by the advisory committee from whatever source, shall be deposited in the account known as "The Advisory Committee Fund".
(c) All credits and other noncash items, including but not limited to gifts and gratuities, received by The Missouri Bar, except those designated for the trustees of The Missouri Bar, Mo. Bar Research, Inc., and Missouri Legal Aid Society, Inc., shall be recorded and accounted for in the books of account and financial statement of The Missouri Bar.
(d) All credits and other noncash items, including but not limited to gifts and gratuities, received by the advisory committee shall be recorded and accounted for in the books of account and financial statement of the advisory committee.
6.09 DISBURSEMENT OF FUNDS - AUTHORIZATION -- DOCUMENTATION
(a) All disbursements from funds of The Missouri Bar shall be made by the clerk as ex officio treasurer of The Missouri Bar only upon warrants drawn or countersigned by an authorized officer with approval of the board of governors, which warrants shall be supported and documented as required by this Court.
(b) All disbursements from the advisory committee fund shall be made by the clerk as ex officio treasurer of the advisory committee upon warrants drawn or countersigned by the chief disciplinary counsel and supported and documented as required by this Court, but only in the following manner and solely for the following purposes and no others:
(1) For costs taxed against the chief disciplinary counsel, a regional disciplinary committee or the advisory committee in any proceedings had under these rules; provided, however, that no costs shall be allowed for a regional disciplinary committee unless written authority for instituting the proceedings shall first have been obtained from the chief disciplinary counsel or a majority of the members of the advisory committee;
(2) For expenses of investigating complaints, taking of testimony and preparing and prosecuting complaints; provided, however, that no such expenses shall be allowed to the chief disciplinary counsel or any regional disciplinary committee unless written authority for incurring said expenses shall first have been obtained from the chief disciplinary counsel or a majority of the members of the advisory committee;
(3) For salaries, fees and expenses of special representatives, counsel and all appointees employed under the provisions of these rules.
(4) For expenses of:
(A) A regional disciplinary committee, upon warrants signed by the chair of the committee, attested by its secretary and countersigned by the chief disciplinary counsel;
(B) The advisory committee, and
(C) The chief disciplinary counsel;
incurred under these rules;
(5) For any expenses authorized by order of this Court.
6.10 BOND AND FEE OF SUPREME COURT CLERK - PAYMENT OF COLLECTION EXPENSE
(a) The clerk of this Court shall give bond to the state of Missouri, conditioned upon the faithful performance of the duties imposed upon the clerk by virtue of the rule relating to the advisory committee fund. The bond shall be in an amount fixed by the Court upon advice of the chief disciplinary counsel. The premium therefor shall be paid from the advisory committee fund.
(b) As compensation for services performed as ex officio treasurer of the advisory committee and as ex officio treasurer of The Missouri Bar, the clerk shall be paid equally from the appropriate accounts two percent of the amount of the enrollment fees collected for such accounts during the fiscal year but not exceeding a total of twelve thousand dollars for any year.
(c) The expenses of collection of the annual enrollment fee shall be paid from the account of The Missouri Bar upon warrants drawn by the clerk and approved by this Court.
6.11 ANNUAL REPORT AND AUDIT
The accounts of The Missouri Bar, the advisory committee, and all Missouri Bar affiliated entities created by The Missouri Bar or by rule shall be audited annually by an auditor selected by this Court, the cost thereof to be paid from the respective accounts
The Missouri Bar, the advisory committee, and all Missouri Bar affiliated entities shall publish an annual report prepared by the treasurer thereof, which report, with the certificate of the auditor shall be published in the Journal of The Missouri Bar or distributed to the membership.
3. It is ordered that effective January 1, 2000, subdivision 8.03, subdivision 8.05(b), and subdivision 8.05(c) of Supreme Court Rule 8 be and the same are hereby repealed and a new subdivision 8.03, a new subdivision 8.05(b), and a new subdivision 8.05(c) adopted in lieu thereof to read as follows:
8.03 ELIGIBILITY TO TAKE THE BAR EXAMINATIONS
(a) Except as provided in Rule 8.03(c), no person shall be eligible to take the bar examination until such person shall have:
(1) Registered as a law student as provided in Rule 8.04 or, if the person is admitted to practice in the highest court of another state, in lieu thereof, submitted a certificate of good standing from the highest court of another state and a statement from the disciplinary authority of each state in which the applicant is admitted;
(2) Graduated with a Juris Doctorate degree from a law school approved by the American Bar Association;
(3) Filed the application to take the bar examination as provided in Rule 8.06;
(4) Received the approval of the board as provided in Rule 8.07; and
(5) Paid all prescribed fees.
(b) An applicant who has been admitted to practice in the highest court of another state but who fails to meet the requirement set out in Rule 8.03(a)(2) may, in the discretion of the board, be permitted to take the bar examination upon:
(1) Filing the application to take the bar examination as provided in Rule 8.06;
(2) Furnishing a report of investigation of character and fitness;
(3) Furnishing satisfactory evidence that the applicant has been for at least five years:
(A) Lawfully engaged in the full-time practice of law under the jurisdictions of any state or territory where the applicant was admitted to practice;
(B) Served full-time as a lawyer with the United States Government or its armed forces; or
(C) Taught as a full-time instructor in a law school approved by the American Bar Association;
(4) Receiving the approval of the board as provided in Rule 8.07; and
(5) Paying all prescribed fees.
(c) An applicant seeking readmission to the bar because of disbarment by this Court is not required to meet the requirements set out in Rule 8.03(a)(1) or (4).
8.05 QUALIFICATIONS
(b) A person who has been convicted of any criminal offense involving moral turpitude is not eligible to apply for admission until five years after the date of successful completion of any sentence or period of probation as a result of the conviction, plea, or finding of guilt.
(c) Any application from a person previously convicted or found guilty, including pleas or findings in which the imposition or execution of sentence was suspended, shall show affirmatively, in addition to the other requirements of the application, that:
(1) The cause has abated;
(2) Any person injured as a result of the conduct of the applicant has received restitution, the claims have been discharged by operation of law, or that the person has been notified at least ten days, but not more than ninety days, in advance of the filing of the application;
(3) All special conditions, if any, imposed have been accomplished; and
(4) The best interest of the public will be served if the applicant receives a license.
9.09 FOREIGN LEGAL CONSULTANTS - APPLICATION AND ANNUAL FEES
(b) A foreign legal consultant certified pursuant to these Rules 9.05 to 9.12 shall pay an annual enrollment fee as provided in Rule 6.01 in the amount specified for those described in Rule 6.01(j)(1).
5. It is ordered that effective January 1, 2000, subdivision 15.05(e) of Supreme Court Rule 15 be and the same is hereby repealed and a new subdivision 15.05(e) adopted in lieu thereof to read as follows:
15.05(e) Each lawyer who, after June 30, 1990:
(1) Is admitted to practice law;
(2) Has a license to practice law reinstated, except any license reinstated as a matter of course pursuant to Rule 6.01; or
(3) Becomes an active lawyer after previously declaring inactive status as provided Rule 6.03;
shall complete at least three credit hours of accredited programs and activities devoted exclusively to professionalism, legal or judicial ethics, or malpractice. Such programs and activities shall be completed within twelve months of the event requiring compliance with this Rule 15.05(e). Completion of this requirement shall be reported to The Missouri Bar as specified by The Missouri Bar.
7. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
8. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
______________________________
STEPHEN N. LIMBAUGH, JR