Rule 12.05 - Investigations and Hearings Relating to Retirement for Disability(a)Investigations. The Commission shall receive and make an investigation of all requests and suggestions for the retirement for disability of judges, members of the judicial commission, and of this Commission. The Commission may require that any such request or suggestion be in writing and verified and that it allege facts indicating that such person is unable to discharge the duties of his or her office with efficiency because of permanent sickness or physical or mental infirmity. The Commission shall not be required to pursue further such request or suggestion if it is obviously unfounded or frivolous. The judge or commission member shall be notified of the investigation, the nature of the request or suggestion for his or her retirement, and shall be afforded reasonable opportunity in the course of the investigation to present such matters as he or she may choose. Such notice shall be given by prepaid registered or certified mail addressed to the judge or commission member at his or her last known residence.
If the investigation does not disclose sufficient cause to warrant further proceedings, the judge or commission member shall be so notified, and the file shall be closed.
(b)Hearings. After completion of an investigation, if at least four members of the Commission who shall have read the record of the investigation find that there is probable cause to believe that the person under investigation is unable to discharge the duties of office with efficiency because of permanent sickness or physical or mental infirmity, it shall cause a formal proceeding to be instituted against such individual. The procedure set forth in Rules 12.09 through 12.21 shall be applicable. Up to two Commission members may attend a formal proceeding by telephone conference, video conference, or similar available technologies if the respondent judge does not object or the Commission chair expressly determines that it is in the public's best interest that the proceeding go forward with remote participation. In determining whether it is in the public's best interest the proceeding go forward by telephone conference, video conference, or similar available technologies, the chair should consider any objection, the nature and severity of the allegations against the respondent judge, the health and safety of the participants, and the effect of delay. After completion of the formal proceeding, if at least four members of the Commission who have heard all of the evidence find that the person proceeded against is unable to discharge the duties of office with efficiency because of permanent sickness or physical or mental infirmity, the Commission shall recommend to this Court that the person in question be retired. The Commission shall prepare a transcript of the record of all evidence and of all proceedings therein, shall make written findings of fact and conclusions of law with respect to the issues of fact and questions of law in the transcript, and shall file two copies thereof with the clerk of this Court.
This Court shall retire such person from the judicial office or commission membership currently held if the Court finds such person is unable to discharge the duties of office with efficiency because of permanent sickness or physical or mental infirmity.
If the charge made in the formal proceeding is that the individual proceeded against is unable to discharge the duties of office or position with efficiency because of mental infirmity, and if the person is without adequate representation, the Commission shall request this Court to appoint a lawyer to represent such individual.
Mo. R. Gov. Bar Jud. 12.05
Adopted Nov. 12, 1987, eff. 12/1/1987. Amended Sept. 17, 1996; amended June 4, 2023, effective 7/1/2024.