Rule 5.21 - Interim Suspension And Final Discipline For Criminal Activities(a) A lawyer licensed to practice law in Missouri who has pleaded guilty or nolo contendere to or been found guilty of a crime in this state, any other state, or the United States, whether sentence is imposed or not, shall within 10 days thereafter inform the Chief Disciplinary Counsel.(b) Upon being advised that a lawyer licensed to practice in this jurisdiction has pleaded guilty, or nolo contendere to or been found guilty of a crime in this state, any other state, or the United States, the Chief Disciplinary Counsel may file an information directly in this Court seeking to suspend the lawyer from the practice of law or may otherwise proceed under this Rule 5. The pendency of an after-trial motion or an appeal in the lawyer's criminal proceedings shall not require a delay in the entry of an order of interim suspension.(c) For purposes of this Rule 5.21, a crime shall include: (1) Any felony of this state, any other state, or the United States;(2) Any misdemeanor of this state, any other state, or the United States involving interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, or moral turpitude; or(3) Any misdemeanor involving attempt, conspiracy, or solicitation of another to commit any misdemeanor of this state, any other state, or the United States as described in this Rule 5.21(c)(2).(d) Upon the filing of the information, this Court shall cause to be served on the lawyer an order to show cause why the lawyer should not be disciplined. The Court may impose an interim suspension under this Rule 5.21 in such case without the requirement of any other proceeding or the Court may direct that disciplinary proceedings based upon the criminal case otherwise proceed as provided by this Rule 5.
(e) If an order of interim suspension based upon such plea or finding is entered and, thereafter, a court reverses or sets aside the finding of guilt, the suspended lawyer may file an application for reinstatement under this Rule 5.21. The application shall contain a copy of the order rejecting or setting aside the guilty plea or plea of nolo contendere. The application shall be served on the Chief Disciplinary Counsel. The application shall be granted as a matter of course 30 days after it is served on the Chief Disciplinary Counsel unless, within that time, the Chief Disciplinary Counsel files an information and proposed order of interim suspension pursuant to Rule 5.24. If such information and proposed order are filed, reinstatement shall be ordered unless an interim suspension is ordered as provided in Rule 5.24.
(f) If an interim suspension is ordered under this Rule 5.21 and the case in which the plea or finding was entered is finally disposed, the Chief Disciplinary Counsel shall file with this Court a motion for final discipline, together with a copy of the judgment, whereupon the lawyer shall be subject to discipline by this Court without the requirement of any other proceeding.(g) If the lawyer is subject to discipline as provided in this Rule 5.21, and the Chief Disciplinary Counsel has not sought an interim suspension pursuant to Rule 5.21(b), the Chief Disciplinary Counsel shall file an information directly in this Court seeking discipline upon final disposition of the criminal case. A copy of the judgment in the criminal case shall be attached to the information. Upon the filing of the information, this Court shall cause to be served on the lawyer an order to show cause why the lawyer should not be disciplined.
The Court may impose discipline in such case without the requirement of any other proceeding or the Court may direct that disciplinary proceedings based upon the criminal case otherwise proceed as provided by this Rule 5.
(h) The Chief Disciplinary Counsel may defer making a recommendation for discipline concerning a lawyer subject to discipline as provided in Rule 5.21(b) pending the lawyer's successful or unsuccessful completion of a treatment court program, and may consider the lawyer's successful or unsuccessful completion of a treatment court program in such recommendation.(i) A lawyer suspended or disbarred pursuant to this Rule 5.21 shall comply with Rule 5.27.Mo. R. Gov. Bar Jud. 5.21
Adopted June 20, 1995, eff. 1/1/1996; amended July 9, 2014, effective 9/1/2014; amended October 2, 2018, effective 1/1/2019; amended December 18, 2018, effective 1/1/2019; amended May 31, 2022, eff. 1/1/2023.