Rule 5.04 - Disciplinary Hearing Panels - Disciplinary Hearing Officers - Responsibilities, Appointment, And Reassignment(a) This Court shall appoint a minimum of 24 lawyers, whose licenses are active and in good standing, and 12 nonlawyers as disciplinary hearing officers. The qualifications, terms, and reimbursement of a disciplinary hearing officer shall be the same as for a member of the Advisory Committee. In addition, each member of the Advisory Committee shall be a disciplinary hearing officer.(b) The chair of the Advisory Committee shall appoint a three-member disciplinary hearing panel to hear each matter for which an information is filed. Each panel shall consist of two lawyers, one of whom shall be designated as the presiding officer, and one nonlawyer. The chair of the Advisory Committee may reassign or replace disciplinary hearing officers as may be necessary.(c) Before commencing duties as a disciplinary hearing officer, the officer shall take an oath to support the Constitution of the United States and this state and to perform the officer's duties fairly and impartially. Members of the Advisory Committee need not take an oath in addition to that prescribed in Rule 5.01.(d) A quorum for a disciplinary hearing panel requires that all duly appointed panel members be in attendance at a proceeding. If a quorum is not present at any proceeding, the presiding officer may schedule the proceeding for a different time. Attendance by a disciplinary hearing officer in a disciplinary hearing proceeding may be by telephone conference, video conference, or similar available technologies when the presiding officer expressly determines that the public interest requires that the proceeding go forward. Either party may object. In determining if the public interest requires that the proceeding go forward by telephone conference, video conference, or similar available technologies, the presiding officer should consider any objection, the nature and severity of the disciplinary charges against the respondent, the health and safety of the participants, and the effect of delay.(e) If one of the panel members is unable to continue participation in a matter that has been heard before a disciplinary hearing panel, but prior to the issuance of a panel decision, the chair of the Advisory Committee may instruct the remaining disciplinary hearing panel members to proceed with issuing a panel decision or direct that the record of the disciplinary hearing be transferred to this Court without a panel decision. Mo. R. Gov. Bar Jud. 5.04
Adopted June 20, 1995, eff. 1/1/1996. Amended Dec. 27, 1999, eff. 1/1/2000; amended May 31, 2022, eff. 1/1/2023.Advisory Committee Regulation Re: Rule 5.04
(a) No disciplinary hearing officer shall provide legal representation to anyone involved in any Missouri attorney discipline matter.
(b) No attorney in a firm in which a disciplinary hearing officer is associated may provide legal representation, as described above, unless the attorney who is a disciplinary hearing officer is screened in the manner set forth in Rule 4-1.11(b).
(c) No disciplinary hearing officer shall serve or be retained as an expert witness in a legal malpractice case in Missouri.