Rule 5.16 - Decision Of Disciplinary Hearing Panel - Findings And Recommendation(a) Panel Options After a Hearing. After a hearing, a disciplinary hearing panel may administer an admonition or issue a written decision. A written decision shall recommend dismissal of the information or that the respondent be disciplined.(b) Admonition. If an admonition is administered to the respondent: (1) It shall be in writing and filed with the chair of the Advisory Committee. The chair of the Advisory Committee shall serve the admonition by first class United States mail, postage prepaid, upon the respondent, the counsel for the informant, and the Chief Disciplinary Counsel.(2) Within 15 days of receipt of the admonition, the Chief Disciplinary Counsel and the respondent each shall file with the chair of the Advisory Committee a written notice stating whether that party accepts or rejects the admonition. A copy of the written notice shall be served by first class United States mail, postage prepaid, on the opposing party and the presiding officer of the panel. Failure to timely file a written notice rejecting the admonition shall be deemed acceptance.(3) Acceptance by both the Chief Disciplinary Counsel and the respondent shall conclude the disciplinary proceeding. The respondent shall be deemed admonished.(4) If the admonition is accepted, a copy of such admonition shall become part of the record maintained by the Chief Disciplinary Counsel and is public pursuant to Rule 5.31. An accepted admonition is not discipline imposed by this Court but may be considered in determining discipline for subsequent misconduct.(5) If the admonition is rejected by either party, the disciplinary hearing panel shall render a written decision within 30 days of receipt of the rejection or within the time provided for a decision in this Rule 5.16, whichever is later. The decision shall include the findings and recommendations required by this Rule 5.16 but may not include an admonition.(c) Panel Decision Findings and Recommendation. The panel shall issue a written decision that includes a proposed finding of fact and conclusion of law regarding each specific act of misconduct charged in the information. If there is a finding of any professional misconduct, the panel shall recommend one of the following disciplinary actions based on the totality of the misconduct: (2) Probation, subject to the provisions of Rule 5.175;(3) Stayed suspension with probation, subject to the provisions of Rule 5.175;(4) Suspension, whether stayed or not, shall be for an indefinite period but may include a period of not less than six months and not more than three years during which the respondent cannot apply for reinstatement; or(d) Factors for Decision Recommendation. The disciplinary hearing panel may consider the following factors in making its recommendation as to discipline: (1) Recommendations of the parties;(2) Discipline imposed by this Court in precious reported decisions;(3) ABA Model Standards for Imposing Lawyer Sanctions;(4) The factors established in Rule 5.285;(5) The factors established in Rule 5.175; and(6) Prior accepted admonitions.(e) Panel Decision Timeframe. Subject to Rule 5.16(b), the disciplinary hearing panel shall render a written decision within 45 days after the completion of the hearing or the date of the last filing of proposed findings of fact, conclusions of law, and recommended sanctions requested by the disciplinary hearing panel pursuant to Rule 5.15(d).(f) Panel Decision Unanimous or Not Unanimous; Signing. If the decision is unanimous, the panel's presiding officer shall sign and date the written decision. If the decision is not unanimous, at least two members of the panel shall sign and date the written decision; the other member of the panel may attach a written statement to the decision.(g) Review of Panel Decision for Compliance with Rule 5. The written decision of the disciplinary hearing panel shall be filed with the chair of the Advisory Committee. The chair shall review the panel's decision for the limited purpose of determining that the recommendation for discipline, if any, conforms to this Rule 5 and the sanctions established by the Court. If the chair of the Advisory Committee determines that the panel's recommendation does not conform, the chair shall direct the disciplinary hearing panel to reconsider its recommendation for discipline. After reconsideration, the panel shall file the revised written decision with the chair of the Advisory Committee.(h) Service of Panel Decision. The chair of the Advisory Committee shall serve the written decision of the disciplinary hearing panel by first class United States mail, postage prepaid, on the respondent or the respondent's counsel if represented, the counsel for the informant, and the Chief Disciplinary Counsel.(i) Effect of Panel Decision. The written decision of a disciplinary hearing panel shall not have any binding or limiting effect on this Court.(j) Time Standards for Advisory Committee Chair and Disciplinary Hearing Panels. Time standards set forth in this Rule 5 for action by the chair of the Advisory Committee or of a disciplinary hearing panel are not jurisdictional. The chair of the Advisory Committee shall monitor compliance with these standards, and if such standards are not substantially met, may reassign an information to a different hearing panel, reassign the presiding officer, or reassign the members of the hearing panel.(k) Acceptance or Rejection of Panel Decision. Within 30 days after the panel's written decision is mailed pursuant to Rule 5.16(h), the Chief Disciplinary Counsel and the respondent each shall file with the chair of the Advisory Committee a written notice stating whether that party accepts or rejects the decision of the panel. A copy of the written notice shall be served by first class United States mail, postage prepaid, on the opposing party. Failure to timely file a notice rejecting the decision shall be deemed acceptance.(l) Dismissal. If the disciplinary hearing panel recommends dismissal of the information and the informant accepts the written decision, the disciplinary proceeding is concluded.(m) Mutual Acceptance of Panel Decision to Court. If the disciplinary hearing panel recommends discipline and both parties accept the written decision, the Chief Disciplinary Counsel, within 30 days after the deadline for filing an acceptance or as otherwise ordered by this Court, shall file with this Court the complete record made before the disciplinary hearing panel and a statement regarding the parties' acceptance of the panel's decision. In such event, the Court may issue a final order of discipline.(n) Rejection of Panel Decision to Court. If either party rejects the decision of the panel, the Chief Disciplinary Counsel, within 30 days after the deadline for filing a rejection or as otherwise ordered by this Court, shall file in this Court the complete record made before the disciplinary hearing panel.Mo. R. Gov. Bar Jud. 5.16
Adopted June 20, 1995, eff. 1/1/1996, revised/effective 11/13/2002, Amended October 25, 2007, eff. 1/1/2008, Amended September 10, 2009, eff. 9/10/2009; amended May 31, 2012, effective 1/1/2013; amended May 31, 2022, eff. 1/1/2023.