Rule 5.08 - Investigations - Authority(a) The Chief Disciplinary Counsel is authorized, with or without complaint, to investigate professional misconduct alleged to have been committed in this jurisdiction or in another United States jurisdiction or in a foreign jurisdiction by a lawyer licensed to practice law in this jurisdiction. The Chief Disciplinary Counsel is authorized, with or without complaint, to investigate professional misconduct alleged to have been committed in this jurisdiction if the lawyer provides or offers to provide any legal services in this jurisdiction. Each regional disciplinary committee or division thereof may investigate any such matter upon request of the Advisory Committee or the Chief Disciplinary Counsel.(b) If a complaint alleges professional misconduct by the Chief Disciplinary Counsel, a staff counsel, or a special representative performing duties in accordance with Rule 5, or if the Chief Disciplinary Counsel is otherwise disqualified from acting in any matter, notice of this fact shall be given to the Advisory Committee. The Advisory Committee shall make a determination based on the complaint as to whether an investigation shall be initiated. If the Advisory Committee determines that an investigation shall be initiated, it shall assign the matter for investigation to any of the following entities, as long as that entity is not otherwise disqualified: the Chief Disciplinary Counsel, a regional disciplinary committee, or a division of a regional disciplinary committee.(c) If a regional disciplinary committee or a division thereof is unable to undertake or complete an investigation for any reason, notice of this fact shall be given to the Chief Disciplinary Counsel. The Chief Disciplinary Counsel shall refer the matter to a different division or committee or shall conduct the investigation.(d) If more than one investigation of the same lawyer is being conducted simultaneously by the Chief Disciplinary Counsel, a regional disciplinary committee, or a division thereof, the Chief Disciplinary Counsel may assign all such matters for investigation to a single disciplinary entity. The Chief Disciplinary Counsel may relieve a regional disciplinary committee or division of any investigation and refer the matter to a different committee, division, or to the Chief Disciplinary Counsel for investigation.Mo. R. Gov. Bar Jud. 5.08
Adopted June 20, 1995, eff. 1/1/1996. Amended Feb. 13, 1998, eff. 3/1/1998; 5/26/2000, eff. 1/1/2001; amended May 31, 2022, eff. 1/1/2023.