Rule 5.15 - Conduct Of Hearing(a) Notice of Hearing, Pre-Hearing Conferences, and Timeframe. The presiding officer of the disciplinary hearing panel assigned to hear an information shall set a date for hearing that is no more than 60 days from the date the matter was assigned to the panel and shall provide at least 15 days written notice of the hearing date to the respondent, the counsel for the informant, the Chief Disciplinary Counsel, and the chair of the Advisory Committee. Panels may conduct scheduling and pre-hearing conferences as appropriate. The hearing should be concluded within 120 days of the assignment of the matter.(b) Hearing on Information. The hearing shall be conducted on the information.(c) Amendment of Information or Answer. The information can be amended at any time not less than 10 days prior to the hearing. If any amendment substantially changes the charges, the respondent shall be given a reasonable time to respond. The answer can be amended at any time not less than 10 days prior to the hearing. If any amendment substantially changes the responses or defenses, the informant shall be given a reasonable time to take appropriate action.(d) Rules and Hearing Procedures. All hearings shall be in accordance with this Rule 5. Procedures not addressed by this Rule 5 shall be in accordance the rules of this Court. Matters before the disciplinary hearing panel may be ruled on by the presiding officer in consultation with the other panel members. Motions to dismiss the information or counts therein, or other dispositive motions, shall not be permitted. No amicus briefs shall be permitted. If requested by the disciplinary hearing panel, the parties may file proposed findings of fact, conclusions of law, and recommended sanctions or dispositions. Such filings shall be made by both parties within 30 days of the conclusion of the disciplinary hearing, within 30 days of the receipt of the transcript, or as otherwise ordered by the presiding officer.(e) Discovery. Discovery shall be limited to requests for production of documents, requests for admissions, and depositions and shall be completed within the time limits established by the presiding officer of the hearing panel, but no less than 10 days prior to the hearing unless good cause is shown. Disputes concerning discovery shall be resolved by the presiding officer of the hearing panel.(f) Rules of Evidence. The rules of evidence for trials in the circuit courts shall apply. Expert testimony regarding interpretations of Rules 4 or 5 shall not be permitted.(g) Burden of Proof. The burden of proof shall be on the informant to establish a violation of Rule 4 by a preponderance of the evidence.(h) Record of Proceedings; Exhibits. The hearing shall be on the record and a transcription made. Original exhibits shall be filed with the presiding officer at the disciplinary hearing.(i) Time Standards. The time standards for the conduct and completion of hearings contained in this Rule 5.15 are not jurisdictional.(j) Virtual Proceeding. The presiding officer may expressly determine that the public interest requires that all or part of the proceeding go forward by virtual means, including by telephone conference, video conference, or similar available technologies. In determining if the public interest requires that all or part of the proceeding go forward by virtual means, including telephone conference, video conference, or similar available technologies, the presiding officer should consider the nature and severity of the disciplinary charges against the respondent, health and safety of the participants, and effect of delay.Mo. R. Gov. Bar Jud. 5.15
Adopted June 20, 1995, eff. 1/1/1996; amended December 14, 2016, en banc effective 12/14/2016; amended May 31, 2022, eff. 1/1/2023.