Additionally, all public discipline imposed by the Supreme Court (since January 1, 2006) is available at the Missouri Supreme Court website. Who will make the decision on my complaint? Gardner hired Tisaby to conduct interviews with the woman. Market data provided by Factset. The Legal Ethics Counsel only issues opinions to attorneys for their own guidance involving an existing set of facts. Commission on Retirement, Removal, and Discipline of Judges. As he attempted a political comeback in this years Republican Senate primary, Greitens hyped the Tisaby plea and ethics case against Gardner as proof he had been the target of a politically motivated investigation. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. (e) Dissemination of disciplinary information. (3) A written admonition becomes public upon its acceptance. Missouri Supreme Court Rule 5.31 sets out which records and procedures of the Missouri Supreme Court discipline process are public and which parts are confidential. 0000002243 00000 n The panel will make a recommendation of discipline to the Missouri Supreme Court. or redistributed. PO Box 119 326 Monroe startxref If a party files objections, the Court will schedule the case for oral argument. 0 (2) All confidential records shall be deposited with the chief disciplinary counsel. Missouri Independent maintains editorial independence. If the violation of the Rules is serious enough that the lawyer should be disbarred, suspended or reprimanded by the Supreme Court of Missouri, formal charges and a formal disciplinary proceeding must take place and the matter will normally go to a hearing before a Disciplinary Hearing Panel. A graduate of the University of Missouri School of Journalism, she has been reporting in Missouri since 2001, including more than a decade as senior reporter and video producer at the St. Louis American, the nations leading African-American newspaper. Main Document: Aug 28 2018: . 325 Columbus, OH 43215-7411 Phone: (614) 461-0256 . Zahnd publicly criticized letter . 0000001779 00000 n The document was obtained when a dozen police officers raided her office during the Tisaby investigation. Requests for formal opinions should be addressed to the chair of the Missouri Supreme Court Advisory Committee located at 3335 American Avenue, Jefferson City, MO 65109. All three orders were issued July 3 by Missouri Supreme Court Chief Justice Zel M. Fischer. If the OCDC or the Regional Disciplinary Committee determines that no probable cause exists to believe that the attorney has violated the Rules of Professional Conduct, the complaint will be dismissed.If, on the other hand, a determination is made that a violation of the Rules has occurred, the resultant disciplinary action can range from an admonition (issued by the OCDC or a Regional Disciplinary Committee) or discipline imposed by the Supreme Court. Cases pending before the Supreme Court of Missouri are available on Case.net. When the Respondent attorney answers the Information pursuant to Rule 5.13, a Disciplinary Hearing Committee is appointed and given the authority to conduct a hearing. An admonition is available to the public when accepted by the lawyer, or when it is deemed accepted, fifteen days from issuance, if the lawyer has not affirmatively accepted it. For attorneys wishing copies of their own public discipline records, they may contact the Office of Bar Counsel at (702) 382-2200 or 1-800-254-2797. The disciplinary process itself is outlined in Supreme Court Rule 5. Missouri Supreme Court Advisory Committee, which is another body that oversees the disciplinary process and works closely within the process. These are for viewing only, and we guarantee no warranty on them. Facebook; mobar@mobar.org, Assistant Director of Communications / Editor of the Journal of The Missouri Bar, The Attorney Discipline Process in Missouri, Commission on Retirement, Removal and Discipline. 0000001289 00000 n All rights reserved. Rules Governing the Missouri Bar and the Judiciary, Rule - Preamble: A Lawyer's Responsibilities, Rule 4-1.1 - Client-Lawyer Relationship - Competence, Rule 4-1.2 - Client-Lawyer Relationship - Scope of Representation, Rule 4-1.3 - Client-Lawyer Relationship - Diligence, Rule 4-1.4 - Client-Lawyer Relationship - Communication, Rule 4-1.5 - Client-Lawyer Relationship - Fees, Rule 4-1.6 - Client-Lawyer Relationship - Confidentiality of Information, Rule 4-1.7 - Client-Lawyer Relationship - Conflict of Interest: Current Clients, Rule 4-1.8 - Client-Lawyer Relationship - Conflict of Interest: Prohibited Transactions, Rule 4-1.9 - Client-Lawyer Relationship - Conflict of Interest: Duties to Former Clients, Rule 4-1.10 - Client-Lawyer Relationship - Imputation of Conflicts of Interest: General Rule, Rule 4-1.11 - Client-Lawyer Relationship - Special Conflicts of Interest for Former and Current Government Officers and Employees, Rule 4-1.12 - Client-Lawyer Relationship - Former Judge, Arbitrator, Mediator or Other Third-Party Neutral, Rule 4-1.13 - Client-Lawyer Relationship - Organization as Client, Rule 4-1.14 - Client-Lawyer Relationship - Client with Diminished Capacity, Rule 4-1.145 - Definitions - Safekeeping Property and Iolta Accounts, Rule 4-1.15 - Trust Accounts and Property of Others, Rule 4-1.16 - Client-Lawyer Relationship - Declining or Terminating Representation, Rule 4-1.17 - Client-Lawyer Relationship - Sale of Law Practice, Rule 4-1.18 - Client-Lawyer Relationship - Duties To Prospective Client, Rule 4-2.3 - Counselor - Evaluation for Use by Third Persons, Rule 4-3.1 - Advocate - Meritorious Claims and Contentions, Rule 4-3.2 - Advocate - Expediting Litigation, Rule 4-3.3 - Advocate - Candor Toward the Tribunal, Rule 4-3.4 - Duties to Opposing Party and Counsel and Ethical Obligation to Follow Court Orders and Rules, Rule 4-3.5 - Advocate - Impartiality and Decorum of the Tribunal, Rule 4-3.7 - Advocate - Lawyer as Witness, Rule 4-3.8 - Advocate -Special Responsiblities of a Prosecutor, Rule 4-3.9 - Advocate - Advocate in Nonadjudicative Proceedings, Rule 4-4.1 - Transactions with Persons Other than Clients - Truthfulness in Statements to Others, Rule 4-4.2 - Transactions with Persons Other than Clients - Communication with Person Represented by Counsel, Rule 4-4.3 - Transactions with Persons Other than Clients - Dealing with Unrepresented Person, Rule 4-4.4 - Respect for Rights of Third Persons, Rule 4-5.1 - Law Firms and Associations - Responsibilities of a Partner or Supervisory Lawyer, Rule 4-5.2 - Law Firms and Associations - Responsibilities of a Subordinate Lawyer, Rule 4-5.3 - Responsibilities Regarding Nonlawyer Assistants, Rule 4-5.4 - Law Firms and Associations - Professional Independence of a Lawyer, Rule 4-5.5 - Unauthorized Practice of Law; Multijurisdictional Practice of Law, Rule 4-5.6 - Law Firms and Associations - Restrictions on Right to Practice, Rule 4-5.7 - Law Firms and Associations - Restrictions on Right to Practice, Rule 4-6.1 - Public Service - Pro Bono Publico Service, Rule 4-6.2 - Public Service - Accepting Appointments, Rule 4-6.3 - Public Service - Membership in Legal Services Organization, Rule 4-6.4 - Public Service - Law Reform Activities Affecting Client Interests, Rule 4-6.5 - Public Service - Nonprofit And Court Annexed Limited Legal Services Programs, Rule 4-6.6 - Public Service - Provision of Legal Services Following Determination of Major Disaster, Rule 4-7.1 - Information About Legal Services - Communication Concerning a Lawyer's Services, Rule 4-7.2 - Information About Legal Services - Advertising, Rule 4-7.3 - Information About Legal Services - Direct Contact with Prospective Clients, Rule 4-7.4 - Information About Legal Services - Communication of Fields of Practice, Rule 4-7.5 - Information About Legal Services - Firm Names and Letterheads, Rule 4-7.6 - Political Contributions To Obtain Government Legal Engagements Or Appointments By Judges, Rule 4-8.1 - Maintaining the Integrity of the Profession - Bar Admission and Disciplinary Matters, Rule 4-8.2 - Maintaining the Integrity of the Profession - Judicial and Legal Officials, Rule 4-8.3 - Maintaining the Integrity of the Profession - Reporting Professional Misconduct, Rule 4-8.5 - Maintaining the Integrity of the Profession - Disciplinary Authority; Choice of Law, Rule 4-9.1 - Lawyer Referral and Information Services, Appendix 1 - Missouri Lawyer Trust Account Foundation - Articles of Incorporation, Appendix 1 - Missouri Lawyer Trust Account Foundation - By-Laws, Appendix 2 - Interprofessional Code for Physicians and Attorneys. Upon investigation, if there is finding of probable cause by the Chief Disciplinary Counsel or a regional disciplinary committee that the Respondent lawyer is guilty of professional misconduct, an Information may be filed by the Chief Disciplinary Counsel or a regional disciplinary committee, as Informant, pursuant to Missouri Supreme Court Rule 5.12 with the Chair of the Advisory Committee. Missouri Attorney General Andrew Bailey is seeking to oust Kim Gardner from her post as St. Louis Circuit Attorney. 0000006532 00000 n The suspensions were ordered after investigations into complaints against the attorneys unveiled conduct that was deemed in violation of the Rules Governing the Missouri Board and the Judiciary. 0000002839 00000 n The purpose of the attorney discipline process is to protect the public and maintain the integrity of the legal profession. The parties will have an opportunity to file objections to the board's reports and recommendations with the Court. Please see our republishing guidelines for use of photos and graphics. No, you should take whatever action you need in order to protect your interests. The Rules governing the Missouri lawyer disciplinary process may be found in Missouri Supreme Court Rule 5. The case was assigned Tuesday to go before a hearing, Fox 2 reported. The telephone number for the Office of Chief Disciplinary Counsel is (573) 635-7400. The judge wanted to review the list to ensure the documents were privileged. A request for a formal opinion is the appropriate way to address a matter of general importance, not necessarily related to a specific fact situation. At the heart of the agreement with Pratzel is five pages of a document of bullet-pointed thoughts that Gardner made after interviewing a woman who had an extramarital affair with Greitens in 2015, Gardner told the panel in April. The following state links will help you learn whether an attorney is currently eligible to practice law or has been disciplined in the past. She also claims Greitens admitted to her in late January 2021 that he had in fact taken the photo of K.S. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. PO Box 119, 326 Monroe Eric Greitens. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. Informal advisory opinions are issued by the Legal Ethics Counsel under Rule 5.30. DISCLAIMER: The Office of Bar Counsel strives to ensure the dissemination of timely, accurate public information concerning attorney discipline. Jun 23, 2017 JEFFERSON CITY During May, the Missouri Supreme Court ruled to suspend three Missouri Bar-registered attorneys from the practice of law. Where can I find the ethics and disciplinary procedure rules that apply to Missouri attorneys? What Types of Discipline Might be Imposed? After the conclusion of a criminal case later that year, his attorneys filed complaints against Gardner's law license, alleging Gardner had an ethical obligation to correct the record during a deposition of private investigator William Tisaby. 0000012756 00000 n Montana State Bar of Montana . 0000000016 00000 n The couple said they felt threatened after protesters broke down an iron gate and ignored a "No Trespassing" sign. Legal Statement. The purpose of a lawyer discipline case is to protect the interests of the public-at-large. The special master, or the disciplinary hearing panel may issue a protective order from the time of its appointment until an information, if any, is filed in this Court. Legal Statement. Dyer's disbarment by default was entered after he failed to timely file an answer or other response to the chief disciplinary counsel's allegations. 2023 FOX News Network, LLC. %PDF-1.4 % Attorney discipline cases, like civil and criminal cases, are often resolved by agreement (stipulation). We are confident that a full review of the facts will show that the Circuit Attorney has not violated the ethical standards of the State of Missouri.". Eric Greitens, KMOV reported. Further information about the complaint process can be obtained from . Dyer's suspension was effective immediately. 1600 Kansas City, MO 64108 Office of the Disciplinary Administrator. Tisaby has since been charged with six counts of perjury and one count of tampering with evidence after a special prosecutor determined that he had lied under oath. 0000006271 00000 n These are public orders imposed against Nebraska attorneys starting on January 1, 1986. Alternatively, if after investigation, the OCDC or a Regional Disciplinary Committee determines that probable cause exists that a violation has occurred, an admonition may be issued under Rule 5.11. Greitens had already announced in March that he will seek the Republican nomination for Senate in 2022. Missouri Supreme Court Rules 5.04 and 5.13 5.16 provide for disciplinary hearing panel proceedings before cases are submitted to the Supreme Court of Missouri. (E) Other persons as reasonably necessary to perform duties under this Rule 5. Because only summaries are published and informal advisory opinions are not binding, informal advisory opinions are not usually formally withdrawn. Contrary to common belief, it is the Supreme Court of Missouri not The Missouri Bar which is in charge of the states lawyer discipline system. The professional conduct of attorneys is governed by Supreme Court Rule 4 and the discipline process is governed by Supreme Court Rule 5. The Office of the Presiding Disciplinary Judge presides over formal complaints against attorneys. This material may not be published, broadcast, rewritten, (B) The board of law examiners when the confidential records relate to the qualifications of an applicant for admission; The courts decision marks the final step in an ethics probe that began in July 2018. Per Rule 5.31, the case record becomes public at that time. Since then, the first four digits indicate the year. The search engine allows you to search the opinions themselves using keywords or phrases. Staff of the Office of Disciplinary Counsel (ODC) and the Board are required to maintain the confidentiality of complaints and related investigations and proceedings unless and until one of the exceptions to confidentiality, as set forth in Enforcement Rule 402, applies. xb```b`` |@16 x( Gardner respects the work of the Supreme Court and the disciplinary counsel in this case, said her attorney Michael Downing in a statement Tuesday. Box 2297 Bismarck, ND 58502-2297 (4) When good cause is shown and a protective order is necessary, the order should be written as narrowly as is practicably feasible. that resulted in the invasion of privacy charge. In March, Tisaby pleaded guilty to a single misdemeanor count of evidence tampering, just before he was scheduled for trial on seven felony charges six for perjury and one for evidence tampering. The disciplinary process itself is outlined in Supreme Court Rule 5. Parties interested in attorney discipline cases pending before Disciplinary Hearing Panels should contact the Legal Ethics Counsel. Wampler's case is now before. (1) All proceedings and the records of all proceedings under this Rule 5 shall be confidential except as otherwise provided in this Rule 5.31. Legal Resources Line: 573.636.3635, Paid for by the Missouri Bar, Mischa Buford Epps, Executive Director PO Box 119, Jefferson City, MO 65102. (3) To the presiding judge of each judicial circuit and each chief judge of the court of appeals. Do I have to wait for your decision before looking into a malpractice suit? There will be a reasonable charge for providing records in paper format, including by fax. Protest leaders denied damaging the gate and said the march was peaceful. Protected by Google ReCAPTCHA. In an agreement between Gardner and the Chief Disciplinary Counsel Alan Pratzel in April, Gardner admitted to unintentionally failing to produce documents to a judge for review and failing to correct misstatements from her contracted investigator during the Greitens investigation. The Office of Chief Disciplinary Counselpublishes a flow chartof the possible process from the intake of a complaint all the way through the Supreme Court of Missouri. Learn how to file a grievance against an attorney. This spring, Greitens ex-wife filed an affidavit as part of a child custody dispute alleging he had been physically abusive to her and their children. Gardner has previously contended that the investigation and charges against her investigator in the Greitens case, William Tisaby, were a clear attempt for her adversaries to find a way to remove her the citys first Black circuit attorney from elected office. Fox News' David Aaro and the Associated Press contributed to this report. The Missouri Supreme Court reprimandedSt. An investigation launched in 2019 by the office of Alan Pratzel, the chief disciplinary counsel appointed by the Missouri Supreme Court, has found probable cause that Gardner committed. At that point, unless the OCDC accepts a Hearing Panel recommendation for dismissal of the charges, the complete record of the hearing, the charges, and the decision are filed at the Supreme Court. Rule 5.04 - Disciplinary Hearing Panels - Disciplinary Hearing Officers - Responsibilities, Appointment, And Reassignment [Effective January 1, 2023] Rule 5.05 - Quorum of Committees, Divisions and Disciplinary Hearing Panels [Effective until January 1, 2023] Rule 5.05 - Repealed [Effective January 1, 2023] The attorney may be given an admonition for relatively minor violations where the conduct does not warrant removing the lawyer from the practice of law. Any media making a request for media coverage of a scheduled disciplinary hearing proceeding shall include the name of the person seeking such coverage, the affiliated entity, if any, and the media equipment to be used as required by the Advisory Committee Regulation Re Rule 5.31(e)(3). St. Louis Circuit Attorney Kim Gardner appears at her disciplinary hearing Monday, April 11, 2022, in St. Louis. Having sufficiently considered the information and motion for final order of discipline and the response to the show cause order, the Court finds that Respondent, Mark T. McCloskey, is subject to discipline pursuant to Rule 5.21in that, on June 17, 2021, Respondent pleaded guilty to the class C misdemeanor of assault in the fourth degree in the Office of Chief Disciplinary Counsel . Prior to the year 2000, the first two digits of the opinion number indicated the year. Share this: Greitens was unable to convince enough Republicans to give him another chance, however, and came in third in the Aug. 2 primary. <<19762F1040B57B42AEB860F16F12FE4C>]>> To view a calendar of scheduled disciplinary hearings, Click Here (Updated February 15, 2023). Disciplinary action, if upheld by a hearing panel and the Missouri Supreme Court, could range from . Opinions included in the deskbook and supplement are indexed by topic and include an annotation to the particular rule(s) involved. This material may not be published, broadcast, rewritten, or redistributed. Briefs can be filed with the Court before it . Cases Pending Before A Disciplinary Hearing Panel: To view a list of pending cases, Click Here (Updated February 28, 2023). (3) Special consideration shall be given to an application for a protective order regarding information that is confidential or privileged by operation of law. Experts believe the outcome could have major implications for legal precedent . They had accused Gardner of allowing the private investigator she hired to commit perjury and withhold evidence. 0000002269 00000 n WEISS, ROBERT S. Formal Charge filed August 16, 2018 SAMMONS, AMANDA Order of Interim Suspension filed August 10, 2016 MARSH, ROGER Formal charges filed March 11, 2015 BALLEW, LU ANN Formal charges filed October 23, 2013 DONALD, JOHN A. Missouri Supreme Court Advisory Committee & Legal Ethics Counsel. The 1969 Supreme Court case of Tinker v. Des Moines found that freedom of speech must be protected in public schools, provided the show of expression or opinionwhether verbal or symbolicis not disruptive to learning. A disciplinary investigation into your complaint is not a substitute for any action that you must take to protect your own interests.If you feel that you may have a claim for professional negligence or malpractice, you should consult counsel of your choice (at your expense) for advice as to whether you have remedies available to you.The OCDCs role is to determine whether the protection of the public requires that discipline be imposed on the lawyer.The OCDC cannot represent or advise complaining parties as to how to protect their personal interests. The Office of Attorney Regulation Counsel investigates and prosecutes allegations of violations of the Rules of Professional Conduct by attorneys in Colorado. Toll Free: 1-800-589-5256 P: 614-387-9700 F: 614-387-9709. Missouri Supreme Court Rule 5 (Rules for Disciplinary Enforcement), Laura E. Elsbury, Chief Disciplinary Counsel3327 American AvenueJefferson City, MO 65109-1016, Home | About OCDC | How to Contact Us | Privacy Policy | Site Map, Avoiding Complaints (Practice Assistance), Complain or Report Professional Misconduct, Rule 5 Missouri Attorney Disciplinary Process, Public Discipline Imposed since January 1, 2006, Missouri Rules of Professional Conduct (Rule 4), Missouri Rules for Disciplinary Proceedings (Rule 5), Missouri Rules for Mandatory Continuing Legal Education, ABA Center for Professional Responsibility, Contact List for States Attorney Discipline Agencies, Missouri Supreme Court Rule 4 (Rules of Professional Conduct), Missouri Supreme Court Rule 5 (Rules for Disciplinary Enforcement). Cure pleaded guilty to driving while intoxicated as a prior offender, a class A misdemeanor, in Jasper County Circuit Court, according to the order. Mutual Fund and ETF data provided by Refinitiv Lipper. 0000002418 00000 n Greitens resigned in June 2018 amid a sex scandal, criminal charges and ethics investigations. On Monday, St. Louis Circuit Attorney Kim Gardner announced criminal charges against the couple. The letter enclosed The chief disciplinary counsel also may transmit copies of such records to other tribunals and agencies. Politico recently reported that Mark McCloskey is considering running for the Senate in 2022 after Republican Sen. Roy Blunt announced in March he would not seek reelection. Florissant attorney Steven Edward Dyer has been disbarred by default following a Missouri Supreme Court orderafter a chief disciplinary counsel investigation found probable cause to believe the attorney is guilty of professional misconduct. . Complaints against lawyers are made to the Office of Chief Disciplinary Counsel (OCDC). P: (573) 635-4128 | F: (573) 635-2811 St. Louis Circuit Attorney Kimberly Gardner appears at her disciplinary hearing in St. Louis, Mo., on . If your complaint is opened, investigated and then dismissed upon a finding of no probable cause, the Rules provide you with an opportunity to request a review by the Missouri Supreme Court Advisory Committee. Viets has agreed in the years after the case that there was a conflict of interest, and the Missouri Supreme Court will decide what sort of discipline should be imposed on him a. This spring, Greitens ex-wife filed an affidavit as part of a child custody dispute alleging he had been physically abusive to her and their children. (2) If public statements that are false or misleading are made about any otherwise confidential disciplinary proceeding or record, the chief disciplinary counsel or advisory committee chair may disclose information to the extent necessary to correct such false or misleading statements. Pratzel's office is responsible for investigating ethical complaints against Missouri lawyers. There is a form for filing a complaint at the Office of Chief Disciplinary Counsels website atwww.mochiefcounsel.org. She has said she took his advice on what to include on the log and believed that Dierker and Greitens attorneys had agreed on what should be included. The Missouri Supreme Court has sided with a disciplinary counsel in deciding that Platt County Prosecutor Eric Zahnd violated rules of professional responsibility. It is not a substitute for bringing criminal charges against a lawyer for unlawful conduct (under the criminal statutes) or a civil action against a lawyer to collect damages or get money returned. Notice of discipline imposed by this Court under Rule 5, reinstatements, and readmissions shall be given by the chief disciplinary counsel: In those cases, the Supreme Court must approve the stipulated decision. Last month, the attorney representing the McCloskeys, Joel Schwartz, filed a motion seeking to send the case back to the grand jury to decide if the couple should have been indicted in the first place, citing alleged "bias" at Gardners office that he said tainted the grand jury process. 3335 American Avenue, Jefferson City, MO 65109 Phone: (573) 638-2263 FAX: (573) 635-8806 You've successfully subscribed to this newsletter! Status of Missouri Supreme Court cases can be tracked at: Casenet or at the Courts own website by the docket, minutes and decisions. The Supreme Court then must decide whether to schedule oral argument. %%EOF Dyer also was ordered to pay costs in the matter. The Office of Chief Disciplinary Counsel publishes a flow chart of the possible process from the intake of a complaint all the way through the Supreme Court of Missouri. Supreme Court of Missouri public disciplinary actions since 2006 are available online here. The high court also ordered Cure to pay costs. Rule 4-8.1 - Maintaining the Integrity of the Profession - Bar Admission and Disciplinary Matters. Make your practice more effective and efficient with Casetexts legal research suite. Jefferson City, MO 65102-0119 The informal advisory opinions dating back to July 1, 1993, are online. You will be informed of the disposition of your complaint and of any cooperation that is needed on your part.The OCDC and the Regional Disciplinary Committees attempt to keep complainants informed of the general status of and major developments that occur in their complaints. Because Missouri courts need give to the judgment only the res judicata effect given by other Illinois courts, the Supreme Court of Missouri was not prevented from considering the conduct underlying the Illinois acquittal. Betsy AuBuchon, Clerk Supreme Court of Missouri All rights reserved. Missouri Gov. If the state judge has stipulated to discipline, the stipulation also will be filed with the Court. The clerk of the Supreme Court is responsible for a wide range of duties, including the supervision of the internal administrative function of the Court itself as well as the planning and administrative direction of the Missouri Judicial Conference, the organization of all the state's judges. Missouri Supreme Court Rule 4 (Rules of Professional Conduct) After investigation, if the OCDC or Regional Disciplinary Committee finds that there is no probable cause to believe a violation has occurred, the investigative materials and decision remain confidential. Alabama. Phone (573) 635-7400 Fax (573) 635-2240). After Gardner bowed out of the invasion of privacy case, Jackson County Prosecutor Jean Peters Baker took it over. She was just having fun . Hearings Before A Disciplinary Hearing Panel: Disciplinary hearings are open to the public in accordance with Missouri Supreme Court Rule 5.31 and the accompanying Advisory Committee Regulation Re Rule 5.31. 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