Rule 5.14 - Assignment To Disciplinary Hearing Panel; Filings; Challenge To A Hearing Officer; Failure To Attend Hearing(a) Assignment of Matter to a Disciplinary Hearing Panel. Within 15 days of receipt of a timely answer, the chair of the Advisory Committee shall assign the matter to a disciplinary hearing panel and designate the presiding officer. If two or more lawyers are alleged to have engaged in misconduct arising out of the same or related act(s) or transaction(s), the informations may be considered by the same disciplinary hearing panel and, upon motion, heard in a single proceeding. The chair shall provide written notice of the assignment and designation to the panel, counsel for the informant, the Chief Disciplinary Counsel, and the respondent.(b) Filings with Disciplinary Hearing Panels. The original of all pleadings and other documents the informant or the respondent files with or submits to a disciplinary hearing panel shall be filed with the chair of the Advisory Committee, and a copy shall be served on each member of the disciplinary hearing panel, opposing counsel, and the Chief Disciplinary Counsel. The pleading or document shall show on its face the individuals on whom a copy has been served. If there is no original, a copy shall be sent to the chair of the Advisory Committee. Filings shall be in accordance with Rule 5.15(d).(c) Challenge to Hearing Officer. Any party may file a motion challenging a hearing officer for cause. The motion shall be filed with the chair of the Advisory Committee within 30 days after the hearing officer is assigned to the panel hearing the matter. If the chair of the Advisory Committee determines the motion demonstrates good cause, a new panel member shall be appointed.(d) Failure to Attend Hearing. If the respondent fails to attend any hearing set by the disciplinary hearing panel, a record shall be made of the respondent's failure to attend, including the date, time, and location of the hearing, those present, and the fact of timely service of the notice of hearing upon the respondent. Communications from the respondent, if any, received by the disciplinary hearing panel shall also be made part of the record. No further proceedings shall be conducted by the disciplinary hearing panel. The information shall be filed as an information in this Court with notice of these facts. The information shall be treated in the same manner as an information filed in this Court after the failure to file an answer pursuant to Rule 5.13(g) regarding default.Mo. R. Gov. Bar Jud. 5.14
Adopted June 20, 1995, eff. 1/1/1996. Amended November 5, 2003, eff. 1/1/2004, Amended October 25, 2007, eff. 1/1/2008; amended May 31, 2022, eff. 1/1/2023.