Rule 5.11 - Determination Of Insufficient Probable Cause - Request For Review By Complainant(a) Determination of Insufficient Probable Cause. If the Chief Disciplinary Counsel, a regional disciplinary committee, or a division thereof determines after investigation that there is insufficient probable cause to believe that the lawyer has engaged in professional misconduct that would justify issuing an admonition or filing an information, the complainant and the lawyer shall be so notified in writing within 20 days of the determination. Notwithstanding the determination of insufficient probable cause, the Chief Disciplinary Counsel may provide the lawyer with guidance regarding Rule 4. Such guidance shall be confidential in accordance with Rule 5.31.(b) Request for Review by Complainant. The complainant may seek review of the Chief Disciplinary Counsel or regional disciplinary committee's determination pursuant to Rule 5.11(a) by submitting a written request for review with the Advisory Committee. The request must be received by the Advisory Committee within 30 days of the date of the written notice by the Chief Disciplinary Counsel or the regional disciplinary committee. Requests received more than 30 days after the date of the written notice by the Chief Disciplinary Counsel or the regional disciplinary committee will not be granted.(c) Advisory Committee Finding of Substantial Need for Further Investigation. If the Advisory Committee finds a substantial need for further investigation or analysis, it may assign the complaint to: (1) The Chief Disciplinary Counsel, if the Chief Disciplinary Counsel did not make the initial determination; or(2) A regional disciplinary committee that did not conduct the initial investigation. If the Advisory Committee assigns the complaint to the Chief Disciplinary Counsel, the Chief Disciplinary Counsel may accept the assignment or assign the complaint to a regional disciplinary committee that did not conduct the initial investigation.
(d) Advisory Committee Finding of No Substantial Need for Further Investigation. If the Advisory Committee finds no substantial need for further investigation or analysis, it shall notify the complainant and lawyer. Further review by the Advisory Committee, the Chief Disciplinary Counsel, or this Court is not available under this Rule 5. Notwithstanding the finding of no substantial need for further investigation or analysis, the Advisory Committee may provide the lawyer with guidance regarding Rule 4. Such guidance shall be confidential in accordance with Rule 5.31.Mo. R. Gov. Bar Jud. 5.11
Adopted June 20, 1995, eff. 1/1/1996. Amended Feb. 13, 1998, eff. 3/1/1998; amended May 31, 2022, eff. 1/1/2023.