Ethics: Lawyer disciplinary system to undergo restructure

Hon. Zel Fischer is a judge on the Supreme Court of Missouri.

Andrea K. Spillars is chief disciplinary counsel at the Office of Chief Disciplinary Counsel.

On Feb. 24, 2026, the Supreme Court of Missouri issued new rules restructuring the disciplinary system in Missouri. These new rules, effective Jan. 1, 2027, consolidate all complaint investigations within the Office of Chief Disciplinary Counsel. Full-time staff employed by OCDC will be responsible for investigating complaints in a timely and efficient manner under the supervision of the chief disciplinary counsel. 

The process for adjudicating cases based on complaint investigations will otherwise remain unchanged. Lawyer and non-lawyer volunteers appointed by the Court will continue to serve as disciplinary hearing officers,¹ conducting proceedings and recommending appropriate sanctions for misconduct. The Advisory Committee,² also comprised of both lawyer and non-lawyer volunteers appointed by the Court, will continue to serve its important role as an administrative and advisory body within the disciplinary system. Ultimately, final orders of discipline remain within the purview of the Court.³ 

The new rules eliminate the bifurcated system that has existed for disciplinary investigations since 1991. That system originated in 1934 when the Court created Circuit Bar Committees comprised of volunteers to conduct investigations, make probable cause determinations, and prosecute alleged misconduct before the Court. Amendments in 1991 created OCDC under the Court’s direct supervision and authorized that office to investigate professional misconduct or assign the matter to one of the committees to investigate. 

After 1991, Circuit Bar Committees (later renamed Regional Disciplinary Committees) continued to operate in some, but not all, geographic areas. Thus, since 1991, complaints against lawyers domiciled in Kansas City, St. Louis, and Springfield have been investigated by volunteers serving on Regional Disciplinary Committees located in those jurisdictions. Full-time OCDC staff handle investigations for the remaining complaints, which represent slightly less than half the total number of complaint investigations opened per year. 

Initiating disciplinary action is a serious matter and necessarily requires a thorough investigative effort to determine whether a complaint is supported by evidence demonstrating a rule violation. A disciplinary system that centralizes oversight of those investigative efforts is important to promote the fair and consistent application of the Rules of Professional Conduct. Resourcing those efforts with full-time staff is similarly important to facilitate timely and efficient resolution of complaint investigations. 

Currently, both complainants and lawyer respondents may have different experiences during the investigative process, dependent upon the entity responsible for the complaint investigation. However, consistent statewide enforcement of the Rules of Professional Conduct is foundational to the goal of protecting the public and the integrity of the profession. To that end, the new rules promote consistency in both process and outcomes. 

With these changes, it is important to recognize the individuals who have offered their time, expertise, and ethics as members of the Regional Disciplinary Committees. Volunteerism is a hallmark of the legal profession, and those individuals serve as exemplars of the Missouri legal profession. Current committee members will be particularly instrumental to ensuring a smooth transition during 2026 and will hopefully offer their expertise in other capacities. To all those who volunteer in the disciplinary system, including those contemplating that path, your service is greatly appreciated.

Lawyers practicing in Missouri enjoy a profession that is largely selfgoverning, and with that privilege comes special responsibility. Ensuring the standards are consistently enforced for the benefit of the public and the integrity of the profession is the most fundamental duty. To fulfill that duty requires continually re-examining existing structures. It also requires instituting reforms when necessary. The changes implemented by the Court will serve that purpose by fostering consistency in how investigations are conducted and the Rules of Professional Conduct are applied. 

Read the full order about the new rules at Courts.mo.gov.

Endnotes 
1 Rule 5.04. 
2 Rule 5.01. 
3 Rule 5.17.