Rule 5.19 - Disciplinary Cases In This Court(a) Parties' Mutual Acceptance of Panel Decision. Upon the filing of the record and the parties' mutual acceptance of the disciplinary hearing panel decision pursuant to Rule 5.16(m), the Court may issue a final order of discipline.(b) A Party's Rejection of Panel Decision. Upon the filing of the record and a party's rejection of the disciplinary hearing panel decision pursuant to Rule 5.16(n), the matter shall be briefed and argued in this Court.(c) Court Rejects Panel Decision. If the Court rejects the disciplinary hearing panel decision as accepted by the parties, it may enter a final order of discipline, suggest a proposed disposition to the parties, or direct further process, including that the matter be briefed and argued.(d) Briefs and Oral Argument. Briefs shall be filed, and oral arguments shall be conducted, in accordance with Rule 84. The time for filing the briefs shall be as follows: the informant shall file its brief within 30 days of the filing of the record pursuant to Rule 5.19(b), or upon order of the Court pursuant to Rule 5.19(c); the respondent's brief shall be filed within 20 days thereafter; and if the informant desires to file a reply brief, it shall be filed within 10 days thereafter.(e) Standard of Review and Additional Evidence. This Court will review the matter de novo. Further evidence is not permitted except upon this Court's request or upon motion granted.(f) Appointment of Counsel. In matters pending before this Court, when requested by the respondent and upon a showing of financial inability to employ counsel, this Court shall appoint counsel to represent the respondent. Compensation shall be fixed by this Court and shall be payable from the Advisory Committee Fund.(g) Dismissal. If this Court finds for the respondent, it shall dismiss the information.(h) Discipline. If this Court finds the professional misconduct charged in the information, it shall impose appropriate discipline pursuant to Rule 5.17.(i) Notice to Other Jurisdictions. If the respondent is licensed in this jurisdiction and is also licensed in any other jurisdiction, the Chief Disciplinary Counsel shall send a copy of this Court's order to the appropriate disciplinary authorities of the other jurisdiction wherein the respondent is licensed or to the American Bar Association National Lawyer Regulatory Data Bank if that jurisdiction fully participates with the data bank.(j) Lawyers Licensed Only in Other Jurisdictions. If the respondent is licensed to practice in another jurisdiction and not in this state, this Court may render a judgment finding the respondent guilty and discipline the respondent. The Chief Disciplinary Counsel shall send a copy of this Court's order to the appropriate disciplinary authorities of the states wherein the respondent is licensed or to the American Bar Association National Lawyer Regulatory Data Bank if that jurisdiction fully participates with the data bank.(k) Costs and Investigative Expenses. A respondent upon whom discipline is imposed by this Court shall be taxed costs in the matter. The Chief Disciplinary Counsel shall prepare an itemized bill of costs allowable in each case, including reasonable expenses incurred by the Chief Disciplinary Counsel in the course of the investigatory, hearing, or review procedures under this Rule. The itemized bill of costs, with associated invoices or receipts attached, shall be served upon the respondent by first class United States mail. Within 15 days of receipt of the bill of costs, the respondent shall either accept and pay such costs or notify the Chief Disciplinary Counsel of any objections thereto. The Chief Disciplinary Counsel may either reduce the bill of costs in accordance with the respondent's objection or may file a motion requesting that the Court review the bill of costs and enter an order with regard thereto. In addition to such costs, a respondent upon whom discipline is imposed by this Court shall be assessed an investigative expense in the following amounts depending upon the nature of the discipline imposed:
Reprimand: | $750.00 |
Suspension: | $1,000.00 |
Probation: | $1,500.00 |
Disbarment: | $2,000.00 |
The costs and investigative expenses shall be paid to the Clerk of this Court to the credit of the Advisory Committee Fund.
Mo. R. Gov. Bar Jud. 5.19
Adopted June 20, 1995, eff. 1/1/1996. Amended March 12, 1996, eff. 4/1/1996; May 31, 2001, eff. 7/1/2001; Oct. 23, 2001, eff. 10/23/2001, Amended October 25, 2007, eff. 1/1/2008, Amended Sept. 10, 2009; eff. 9/10/2009; Amended Feb. 8, 2010, eff. 2/8/2010; amended May 31, 2012, effective 1/1/2013; amended Dec. 24, 2019, effective 1/1/2020; amended May 31, 2022, eff. 1/1/2023.COMMENT
Rule 5.19(k) provides that a respondent attorney upon whom discipline is imposed by the Court shall be taxed out-of-pocket costs incurred in the disciplinary case. Such costs may include reasonable expenses that would qualify as taxable costs recoverable in civil proceedings as well as additional out-of-pocket costs incurred by the disciplinary authority including, but not limited to, transcripts and fees paid to court reporters for transcripts of investigatory statements, depositions, and disciplinary hearing panel proceedings; copy costs necessary to the investigation and disciplinary hearing panel hearing; fees for service of process; witness fees and travel expenses for witnesses; travel and out-of-pocket expenses incurred by the disciplinary hearing panel counsel in the matter; travel and out-of-pocket expenses incurred by disciplinary counsel associated with the investigation or hearing in the matter; bank charges for producing records; expenses incurred in the physical or mental examination of a respondent attorney; and fees for translation services, if necessary.