Rule 5.02 - Regional Disciplinary Committees - Responsibilities, Membership, And Tenure(a) This Court may appoint a committee in each region known as the "Regional Disciplinary Committee," which shall be composed of not fewer than four lawyers, whose licenses are active and in good standing, and two nonlawyers. The regional disciplinary committees shall act in accordance with their responsibilities as provided by this Court in this Rule 5. Before commencing the duties of a member of the committee, each member shall take an oath to support the Constitution of the United States and this state and to fairly and impartially perform the member's duties. Each member shall be appointed to a term of up to four years. No member shall serve more than two successive four-year terms exclusive of any unexpired term, except that each member shall serve until a successor is appointed and qualified. The members of the regional disciplinary committees shall serve without compensation, but their reasonable and necessary expenses shall be reimbursed.(b) The regional disciplinary committee in any region may sit en banc or in divisions as the committee may determine. Except as provided in Rule 5.02(e), each division shall be composed of not fewer than three lawyer members and one nonlawyer member and shall have the same powers and duties and follow the same procedures as provided by this Rule 5 for the full committee. A division, or a committee if it lacks divisions, shall designate one of its members as the chair. If a regional disciplinary committee has divisions, the division chairs shall collectively serve as the chair when the committee sits en banc.(c) The Chief Disciplinary Counsel is authorized to assign any investigation to any regional disciplinary committee or division thereof.(d) The state shall be divided into the following regions: Region I shall consist of judicial circuits 1, 2, 9, 10, 14, and 41. Region II shall consist of judicial circuits 3, 4, 5, 8, and 43. Region III shall consist of judicial circuit 6. Region IV shall consist of judicial circuits 7, 16, and 17. Region V shall consist of judicial circuits 15, 18, and 27. Region VI shall consist of judicial circuit 13. Region VII shall consist of judicial circuit 19. Region VIII shall consist of judicial circuits 12 and 45. Region IX shall consist of judicial circuit 20. Region X shall consist of judicial circuits 11, 21, and 23. Region XI shall consist of judicial circuit 22. Region XII shall consist of judicial circuits 24 and 42. Region XIII shall consist of Maries, Phelps, and Pulaski counties in judicial circuit 25 and Camden, Miller, Moniteau, and Morgan counties in judicial circuit 26. Region XIV shall consist of judicial circuit 40. Region XV shall consist of Texas County in judicial circuit 25, Laclede County in judicial circuit 26, and judicial circuits 28, 29, 30, 31, 37, 38, 39, 44, and 46. Region XVI shall consist of judicial circuit 36. Region XVII shall consist of judicial circuits 32, 33, 34, and 35.(e) A quorum for a regional disciplinary committee, or a division thereof, shall consist of attendance of a majority of duly appointed members including at least one nonlawyer member unless the regional disciplinary committee or a division expressly determines that no nonlawyer member is available and that the public interest requires that the proceeding go forward. If a quorum is not present at any proceeding, the chair may schedule the proceeding for a different time. Members may attend in person, by telephone conference, by video conference, or by similar available technologies.(f) Any action undertaken by a regional disciplinary committee, or a division thereof, shall be concurred in by a majority of those present. No action may be taken without the participation of at least one of the nonlawyer members unless the regional disciplinary committee or division expressly determines that no nonlawyer member is available and that the public interest requires that the proceeding go forward.Mo. R. Gov. Bar Jud. 5.02
Adopted June 20, 1995, eff. 1/1/1996; 2/13/1998, eff. 3/1/1998; amended May 31, 2022, eff. 1/1/2023.Advisory Committee Regulation Re: Rule 5.02
(a) No regional disciplinary committee member shall provide legal representation to anyone involved in any Missouri attorney discipline matter. However, a member of a regional disciplinary committee may provide legal representation in a disciplinary matter on behalf of a regional disciplinary committee, the Chief Disciplinary Counsel, or both.
(b) No attorney in a firm in which a regional disciplinary committee member is associated may provide legal representation, as described above, unless the attorney who is a regional disciplinary committee member is screened in the manner set forth in Rule 4-1.11(b).
(c) No regional disciplinary committee member shall serve or be retained as an expert witness in a legal malpractice case in Missouri.