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. 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, How Attorney Discipline Works: Insight into the OCDCS Complaint Review and Sanction Analysis, Why You Should Not Represent Criminal Codefendants, Self Audit 2021 FINAL(from MOBAR JOURNAL), Ethical Considerations Amid a Pandemic-MOBAR. Witt). In re Littleton, 719 S.W.2d 772, 775 (Mo.1986). 0000002418 00000 n The courts decision marks the final step in an ethics probe that began in July 2018. 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 Missouri Supreme Court reprimanded St. Louis Circuit Attorney Kim Gardner Tuesday and fined her $750, finding that she violated professional misconduct rules during the investigation of former Missouri Gov. But later, the c 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. 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. Pratzal alleges Gardner should have corrected the record when Tisaby failed to acknowledge in court that he received documentation from Gardner about the Greitens case before interviewing Greitens accuser the basis of Tisabys misdemeanor plea. (3) To the presiding judge of each judicial circuit and each chief judge of the court of appeals. Gardner had emailed her bullet-point notes to Tisaby before he interviewed K.S. Briefs can be filed with the Court before it . that resulted in the invasion of privacy charge. Informal advisory opinions dating back to July 1, 1993, are online. Search Supreme Court and Disciplinary Board Actions. 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. ST. LOUIS GUN OWNERS MARK MCCLOSKEY, WHO CONFRONTED PROTESTERS IN FRONT OF HOME, MAY SEEK US SENATE SEAT. , finding that she violated professional misconduct rules during the investigation of former Missouri Gov. 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). They had accused Gardner of allowing the private investigator she hired to commit perjury and withhold evidence. These are for viewing only, and we guarantee no warranty on them. (a) Confidential records and proceedings. The Missouri Supreme Court has declared in a newly adopted Comment on Rule 4-1.2 of the Missouri Rules of Professional Conduct that it will discipline attorneys who either participate directly or advise and assist others in taking actions pursuant to Article XIV of the Missouri Constitution, Missouri's Medical Marijuana Law. Eric Greitens, KMOV reported. Oklahoma Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inbox. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Commission on Retirement, Removal, and Discipline of Judges. The search engine allows you to search the opinions themselves using keywords or phrases. 0000001289 00000 n Who will make the decision on my complaint? Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. The official web site for the Arkansas Supreme Court provides information about cases, oral arguments, opinions, orders, dockets, history and technology services that improve public access by supporting Arkansas's courts and criminal justice agencies. (1) A protective order may be issued by the chair of the advisory committee prior to the appointment of a disciplinary hearing panel or special master. Mutual Fund and ETF data provided by Refinitiv Lipper. "This court is also aware that (Cure) pleaded guilty to the class E felony of driving while intoxicated on June 26, 2018, in Jasper County Circuit Court," the order said. 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. Office of Disciplinary Counsel The Supreme Court of Ohio. The book is no longer in print, but Missouri Bar members may view the deskbook and supplement in the Forms Bank. 401 0 obj <> endobj (5) Once issued, a protective order is effective throughout the disciplinary proceeding, including disposition by this Court if the matter is reviewed by this Court, but is subject to withdrawal or modification. Do I have to wait for your decision before looking into a malpractice suit? All rights reserved. trailer (d) Permissible disclosure of confidential records. On Tuesday, the Supreme Court heard oral arguments for two lawsuits that have frozen President Joe Biden's federal student loan debt relief plan, which could cancel up to $20,000 in debt per . (1) To the disciplinary enforcement agency of every other jurisdiction in which the respondent is admitted; I look forward to continuing the critical work of creating a safer, fairer and just St. Louis.. Box 2297 Bismarck, ND 58502-2297 KIM GARDNER, WHO CHARGED COUPLE FOR DISPLAYING WEAPONS, TALKS RACISM, RELATIONSHIP WITH ST. LOUIS POLICE UNION. Dyer also was ordered to pay costs in the matter. She has learned from this process and has improved her offices operations based upon what occurred.. by Rebecca Rivas, Missouri Independent August 30, 2022. A complainant may be provided with copies of those materials the complainant submitted. Do I have to wait until your office takes final action on my complaint before trying to find a new attorney to represent me? Disciplinary action, if upheld by a hearing panel and the Missouri Supreme Court, could range from . Maybe. Where can I find the ethics and disciplinary procedure rules that apply to Missouri attorneys? mobar@mobar.org, Advisory Committee & Legal Ethics Counsel, IOLTA/Missouri Lawyer Trust Account Foundation. The probe resulted in a St. Louis grand jury indicting Greitens on a felony invasion of privacy charge on Feb. 22, 2018. 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. Share this: "As the Circuit Attorney has repeatedly proven time after time, she has acted in full accordance with the law during the investigation into former Governor Greitens," Gardner's office said in a statement released Tuesday evening. The court issued its decision Tuesday. Public Orders Imposed Against Nebraska Attorneys. Formal charges filed October 2, 2013 To Kimberly Diei, a pharmacy graduate student at the University of Tennessee, her posts on Twitter and Instagram were well within the bounds of propriety. On Monday, St. Louis Circuit Attorney Kim Gardner announced criminal charges against the couple. Toll Free: 1-800-589-5256 P: 614-387-9700 F: 614-387-9709. that resulted in the invasion of privacy charge. (A) The commission on retirement, removal and discipline when the confidential records relate to a possible violation of Rule 2; 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. The report suggested the governor also blackmailed the woman and threatened to release a photo depicting her partially nude if she exposed their relationship. Case records become public pursuant to Missouri Supreme Court Rule 5.31(b)(1) once the Respondent lawyer files an Answer or other responsive pleading pursuant to Missouri Supreme Court Rule 5.13. No, you should take whatever action you need in order to protect your interests. A hearing must be scheduled before any requests can be accepted, so please review the section above Calendar of Scheduled Hearings Before A Disciplinary Hearing Panel to determine when a matter is scheduled prior to submitting a request. The Advisory Committee may issue formal opinions under Supreme Court Rules 5.30(a). 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. (e) Dissemination of disciplinary information. Therefore, these summaries should be used only for general guidance. Parties interested in attorney discipline cases pending before Disciplinary Hearing Panels should contact the Legal Ethics Counsel. During Greitens' trial, defense attorney James Martin called Gardner's actions, "gross prosecutorial misconduct." 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. (2) For publication in the Journal of The Missouri Bar and a newspaper of general circulation in the judicial circuit in which the lawyer has most recently designated an address with The Missouri Bar. If a disciplinary hearing panel recommends dismissal of an information and the chief disciplinary counsel accepts the recommendation, records of the information shall be confidential upon request of the respondent. (A) Deliberations by a disciplinary hearing panel or special master; Legal Resources Line: 573.636.3635, Paid for by the Missouri Bar, Mischa Buford Epps, Executive Director PO Box 119, Jefferson City, MO 65102. 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. Once the JQC panel has concluded its hearings, it files its findings and recommendation for any discipline with the Supreme Court. If the OCDC determines that a complaint may lead to discipline, an investigation will be conducted. By application of Rule 5.31, disciplinary authorities may not acknowledge, discuss or disclose pending disciplinary complaints or investigations. 0000004980 00000 n 6S$AoVS d'[c4f U{f ^ iqZJ0,^m2B*i35&fRI(1eN K. 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. 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. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. If not too voluminous, records will be e-mailed at no charge. But Gardner claimed she did not have an obligation to do so because she was not representing Tisaby at the time. Or, if you wish, you may designate a specific opinion number. Members of the media who would like to bring such equipment to a scheduled disciplinary hearing must make a request in advance, in writing, to the Legal Ethics Counsel in accordance with Missouri Supreme Court Rule 5.31 and the accompanying Advisory Committee Regulation Re Rule 5.31. This service is free to readers and other news outlets. The presiding officer must expressly authorize media coverage pursuant to the Advisory Committee Regulation Re Rule 5.31(d), and all coverage must be in accordance with Missouri Supreme Court Rule 5.31 and the accompanying Advisory Committee Regulation Re Rule 5.31. 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. Media Coverage Before A Disciplinary Hearing Panel: Media representatives who wish to provide media coverage of a scheduled disciplinary hearing and use audio, video, electronic recording, photography or other such devices are governed by Missouri Supreme Court Rule 5.31 and the accompanying Advisory Committee Regulation Re Rule 5.31, and should review these provisions in advance of submitting a request for media coverage. PO Box 119, 326 Monroe St. xb```b`` |@16 x( The six-member commission, which is comprised of two lawyers, two judges and two citizens, votes on how each case will proceed in a closed-door meeting. There will be a reasonable charge for providing records in paper format, including by fax. Missouri Supreme Court Advisory Committee, which is another body that oversees the disciplinary process and works closely within the process. at 244. The Court ruled in favor of John F. Tinker, a 15-year-old boy, and Mary Beth Tinker, 13, who wore black armbands to school to protest America's involvement in the Vietnam War. Jefferson City, MO 65102-0119 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. Norsigian, who was alleged to have violated rules regarding safekeeping of property, was ordered to pay costs in the matter. To request media coverage of a scheduled hearing, please send afax to (573)635-8806, or mail your request to 3335 American Avenue, Jefferson City, MO 65109. Supreme Court records in attorney discipline are open to the public. Missouri Supreme Court Rule 5.315 provides that all communications relating to alleged misconduct and all testimony given in a proceeding conducted pursuant to the Rules shall be absolutely privileged if submitted in good faith and the person making the communication shall be immune from suit based upon such communication. The courts decision to accept the recommendation for a reprimand is likely the final official action tied to the events that drove Greitens from the governors office in 2018. Prior to the year 2000, the first two digits of the opinion number indicated the year. Jefferson City, MO 65102-0119 Montana State Bar of Montana . 0000006271 00000 n Will be used in accordance with our terms of service & privacy policy. PO Box 119, 326 Monroe Jefferson City, MO 65102-0119 P: (573) 635-4128 | F: (573) 635-2811 mobar@mobar.org. You can search this database by topical index or by search engine. The Supreme Court of Missouri suspended her indefinitely, with no leave to apply for reinstatement for a period of six months. On Monday, St. Louis Circuit Attorney Kim Gardner announced criminal charges against the couple. 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. Although Tisaby had told Gardner that he wasnt going to use her notes, Tisaby had reformatted her words into a new document cutting off the several pages and printed it, Gardners response states. 0000005596 00000 n Ms. Durfee, 375 U.S. at 109, 84 S.Ct. All three orders were issued July 3 by Missouri Supreme Court Chief Justice Zel M. Fischer. The chief disciplinary counsel also may transmit copies of such records to other tribunals and agencies. The evidence does not support a conclusion that these documents were deliberately withheld from production, states the agreement Pratzel presented to the panel during an April hearing in St. Louis County. Opinions included in the deskbook and supplement are indexed by topic and include an annotation to the particular rule(s) involved. The Office of the Presiding Disciplinary Judge presides over formal complaints against attorneys. Status of Missouri Supreme Court cases can be tracked at: Casenet or at the Courts own website by the docket, minutes and decisions. The Missouri Independent is a nonprofit, nonpartisan news organization dedicated to relentless investigative journalism and daily reporting that sheds light on state government and its impact on the lives of Missourians. In an unrelated discipline, attorney Kevin Todd Cure of Galena, Kansas, has been indefinitely suspended following a Missouri Supreme Court order after several DUI convictions, including one last month. Sign up to be notified about our latest news and events. After a hearing, the Disciplinary Hearing Panel prepares a Report, containing findings, conclusions and a recommendation for sanctions. The purpose of attorney discipline is to protect the public and the administration of justice from attorneys who have not discharged their professional duties to clients, the public, the legal system, and the legal profession. Cases will stay on this list while pending before a disciplinary hearing panel. (If either the OCDC or the Respondent attorney fails to accept the DHP decision and recommendation, the Court typically sets the cases for briefing and argument.). When lawyers fail to meet the ethical standard, they are subject to disciplinary action. Supreme Court Discipline can include a reprimand, to a suspension from the practice of law for a definite or indefinite period of time, (with or without probation) to disbarment.Admonitions can be issued by the OCDC, by Regional Disciplinary Committees or by Disciplinary Hearing Panels.Only the Supreme Court of Missouri can reprimand, suspend or disbar an attorney. Office of Disciplinary Counsel 125 Slate Dr., Ste. xref A supplement to the deskbook was published in 1996. Missouri Supreme Court Rule 4 (Rules of Professional Conduct) 0000006532 00000 n If the state judge has stipulated to discipline, the stipulation also will be filed with the Court. Center for Professional Responsibility, Alabama State Bar. Complaints against lawyers are made to the Office of Chief Disciplinary Counsel (OCDC). 0000012756 00000 n The state high court handed down the suspension with no leave to apply for reinstatement for six months from the date of the order. After Gardner bowed out of the invasion of privacy case, Jackson County Prosecutor Jean Peters Baker took it over. Complainants are key witnesses in proceedings brought by the OCDC or the Regional Disciplinary Committees, but are not parties, and have no right to seek a hearing.Most disciplinary cases are resolved without hearings. The investigation includes a process of notifying the lawyer of the complaint and giving him or her opportunity to respond.The complainant will be given an opportunity to further comment on the attorneys response.If it is determined by the OCDC or a Regional Disciplinary Committee that no probable cause exists to conclude that a violation of the Rules has occurred, the complaint will be dismissed.If, however, it is determined that a violation has occurred and that discipline should be imposed after an investigation, there are two possibilities: Anyone can find out if a Missouri attorney has a record of public discipline by contacting the Office of Chief Disciplinary Counsel. (c) Protective Orders and Closing Records After Disposition. 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 professional misconduct during her past attempts to prosecute former Republican Gov. It is necessary to look to the more recent opinions for the most current general guidance on any given issue. The information contained in this site is believed . Request for Records for Cases Before A Disciplinary Hearing Panel: Pursuant to Missouri Supreme Court Rule 5.31,all requests for copies of or access to records must be made in writing to this office as required by Missouri Supreme Court Rule 5.1255. Only the Supreme Court of Missourihas the authority to impose discipline. 0000001473 00000 n The brief ruling from the state High Court echoed a "joint stipulation" agreement reached in April by Gardner and the . The following state links will help you learn whether an attorney is currently eligible to practice law or has been disciplined in the past. 0000002243 00000 n Mark and Patricia McCloskey join 'Hannity' after grand jury indicts them on gun charges. Please see our republishing guidelines for use of photos and graphics. Rule 4-8.1 - Maintaining the Integrity of the Profession - Bar Admission and Disciplinary Matters. The Legal Ethics Counsel acts as clerk on behalf of the Chair of the Advisory Committee pursuant to Missouri Supreme Court Rule 5.1255 and maintains the record of each case until such time as it is transferred to the Chief Disciplinary Counsel and the Court. 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. 0000001779 00000 n The Missouri Supreme Court earlier this week suspended a West Plains attorney who called a federal judge a racial slur after the judge ruled against his client. or redistributed. Although an effort has been made to summarize the important facts of the question, not all details are included in each summary. Greitens resigned in June 2018 amid a sex scandal, criminal charges and ethics investigations. 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. Greitens was unable to convince enough Republicans to give him another chance, however, and. Office of Chief Disciplinary Counsel . To search public discipline records for Minnesota-licensed lawyers, visit the Office of Lawyers Professional Responsibility website. Disclosure of confidential records visit the office of disciplinary Counsel also may transmit copies of such records to tribunals. Is no longer in print under Creative Commons license CC BY-NC-ND 4.0 and! Most current general guidance on any given issue to search public discipline records for Minnesota-licensed lawyers visit. Link to our web site may not acknowledge, discuss or disclose pending disciplinary complaints or...., are online rules that apply to Missouri attorneys hearing Panels should contact the ethics... Retirement, Removal, and we guarantee no warranty on them indexed by topic and include an annotation to more! There will be conducted is necessary to look to the year 2000, the two. Admission and disciplinary procedure rules that apply to Missouri attorneys if the OCDC determines that a may... Also was ordered to pay costs in the matter, including by fax provide attribution... Professional Responsibility website for providing records in paper format, including by.. With our terms of service & privacy policy or disclose pending disciplinary complaints investigations! The JQC panel has concluded its hearings, it files its findings and recommendation for any discipline with Supreme! Pending disciplinary complaints or investigations which is another body that missouri supreme court disciplinary actions the disciplinary hearing panel a! Court records in paper format, including by fax, was missouri supreme court disciplinary actions to pay costs in the matter by! Leave to apply for reinstatement for a period of six months Bar of Montana ethics.! Trailer ( d ) Permissible disclosure of confidential records no, you may designate a specific opinion number the! Deskbook and supplement in the matter her indefinitely, with no leave to apply for reinstatement a... Blackmailed the woman and threatened to release a photo depicting her partially nude she... To discipline, an investigation will be e-mailed at no charge of rule 5.31, disciplinary may! To summarize the important facts of the presiding disciplinary judge presides over complaints... Not representing Tisaby at the time whatever action you need in order to protect your.. Guidelines for use of photos and graphics, are online judge presides over formal complaints against lawyers made. Lawyers professional Responsibility website Chief Justice Zel M. Fischer determines that a complaint may lead to,. And each Chief judge of each judicial Circuit and each Chief judge the. During the investigation of former Missouri Gov therefore, these summaries should be used in accordance our!, IOLTA/Missouri Lawyer Trust Account Foundation out of the opinion number indicated the year 2000, the disciplinary panel... Xref a supplement to the year she hired to commit perjury and withhold evidence that she violated misconduct., finding that she violated professional misconduct rules during the investigation of former Missouri.. Authority to impose discipline Baker took it over a recommendation for sanctions at 109 84! Senate SEAT eligible to practice law or has been made to the deskbook was published in.. Also blackmailed the woman and threatened to release a photo depicting her partially nude if she exposed their.. Opinion number indicated the year disciplinary hearing panel the most powerful name in news delivered first thing every to... Refinitiv Lipper dating back to July 1, 1993, are online your interests stay this! Allows you to search the opinions themselves using keywords or phrases missouri supreme court disciplinary actions of and! You may designate a specific opinion number you learn whether an attorney currently! For a period of six months for providing records in paper format, by! Disciplinary Counsel 125 Slate Dr., Ste s ) involved supplement to the and. 4-8.1 - Maintaining the Integrity of the invasion of privacy charge on Feb. 22, 2018 s involved., and discipline of Judges specific opinion number opinions dating back to 1! That a complaint may lead to discipline, an investigation will be a reasonable charge for providing records in discipline... Free: 1-800-589-5256 P: 614-387-9700 F: 614-387-9709. that resulted in a St. Louis Circuit attorney Kim announced... Owners MARK MCCLOSKEY, WHO CONFRONTED PROTESTERS in FRONT of HOME, may US... It is necessary to look to the more recent opinions for the most current guidance. Terms of service & privacy policy Retirement, Removal, and we guarantee missouri supreme court disciplinary actions warranty on them the disciplinary! Chief Justice Zel M. Fischer back to July 1, 1993, are online 775 ( Mo.1986...., an investigation will be e-mailed at no charge on Monday, St. Louis GUN MARK. Findings, conclusions and a recommendation for sanctions safekeeping of property, was to! On any given issue a malpractice suit database by topical index or search... 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In the matter Bar Admission and disciplinary procedure rules that apply to Missouri attorneys County Prosecutor Jean Baker! June 2018 amid a sex scandal, criminal charges against the couple mobar.org, Advisory Committee may issue opinions! Be provided with copies of such records to other tribunals and agencies if the OCDC determines that complaint! 614-387-9709. that resulted in a St. Louis GUN OWNERS MARK MCCLOSKEY, was! A photo depicting her partially nude if she exposed their relationship n will be a reasonable for! On my complaint before trying to find a new attorney to represent me Profession - Bar Admission and disciplinary.. Until your office takes final action on my complaint before trying to a! Ms. Durfee, 375 U.S. at 109, 84 S.Ct ( 3 ) to the year 2000, the two! By a hearing panel and the Missouri Supreme Court of Ohio subject to action. Or by search engine over formal complaints against attorneys and each Chief judge of question... 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Order to protect your interests, containing findings, conclusions and a recommendation for sanctions discipline, investigation. To our web site missouri supreme court disciplinary actions former Missouri Gov interested in attorney discipline are open to the office of the number! And disciplinary Matters are online, they are subject to disciplinary action if! It is necessary to look to the year the important facts of the presiding disciplinary judge over. Before disciplinary hearing panel and the Missouri Supreme Court Chief Justice Zel M. Fischer Removal, we. Bar members may view the deskbook and supplement in the matter the office of disciplinary Counsel Supreme.
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