Opinion
November 26, 2002
Effective December 1, 2002 and January 1, 2003.
In re:
(1) Repeal of subdivision 6.01(l), entitled "Current Fee," of subdivision 6.01, entitled "Annual Enrollment Fee and Statement — Exemptions — Penalties," and repeal of subdivision (a) of subdivision 6.07, entitled "Disposition of Inactive and Enrollment Fees," of Rule 6, entitled "Annual Enrollment Statement," and in lieu thereof adoption of a new subdivision 6.01(l), entitled "Current Fee," a new subdivision 6.01(m), entitled "Pro Hac Vice Fee," of subdivision 6.01, entitled "Annual Enrollment Fee and Statement — Exemptions — Penalties — Pro Hac Vice Fee," and a new subdivision (a) of subdivision 6.07, entitled "Disposition Fees," of Rule 6, entitled "Fees to Practice Law."
(2) Repeal of subdivision 9.03, entitled "Visiting Attorney Appearing in a Particular Case," of Rule 9, entitled "Practice by Nonresident Attorneys," and in lieu thereof adoption of a new subdivision 9.03, entitled "Visiting Attorney Appearing in a Particular Case."
ORDER
1. It is ordered that effective December 1, 2002, subdivision 6.01(l) and subdivision 6.07(a) of Rule 6 be and the same are hereby repealed and a new subdivision 6.01(l) and a new subdivision 6.07(a) adopted in lieu thereof to read as follows:
6.01 ANNUAL ENROLLMENT FEE AND STATEMENT — EXEMPTIONS — PENALTIES — PRO HAC VICE FEE
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(l) Current Fee. The amounts fixed by this Court for the bar fee and the advisory committee fee shall be as follows for each of the categories of persons described above:
Advisory Committee Total Annual Bar Fee Fee Enrollment Fee
Category (1) $157.00 $68.00 $225.00 Category (2) 102.00 68.00 170.00 Category (3) 72.00 68.00 140.00
The total amount of the bar fee and the advisory committee fee for each category shall be the enrollment fee for that category for the year 2003 and the subsequent years unless and until changed as hereinabove provided.
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6.07 DISPOSITION OF FEES
(a) One-half of the annual fees collected from lawyers who are inactive, that portion of the enrollment fee constituting the bar fee, all pro hac vice fees, and all penalties collected shall be deposited promptly by the clerk of this Court as ex officio treasurer of The Missouri Bar in an account in the name of "The Missouri Bar."
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2. It is ordered that effective January 1, 2003, subdivision 6.01(m) and subdivision 6.07(a) of Rule 6 be and the same is hereby adopted to read as follows:
6.01 ANNUAL ENROLLMENT FEE AND STATEMENT — EXEMPTIONS — PENALTIES — PRO HAC VICE FEE
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(m) Pro Hac Vice Fee. An attorney seeking to appear pursuant to Rule 9.03 shall pay a fee of $100 for each case in each court in which the attorney seeks to appear. The fee shall be paid to the clerk of this Court. The clerk shall issue a receipt indicating the case and court in which the attorney seeks to appear. The fee will not be refunded if the court refuses to permit the attorney to appear.
3. It is ordered that effective January 1, 2003, subdivision 9.03 of Rule 9 be and the same is hereby repealed and a new subdivision 9.03 adopted in lieu thereof to read as follows:
9.03 VISITING ATTORNEY APPEARING IN A PARTICULAR CASE
Any attorney, whether or not a member of The Missouri Bar, not authorized to practice under Rule 9.02, but who is a member in good standing of the bar of any court of record and not under suspension or disbarment by the highest court of any state, may be permitted to appear and participate in a particular case in any court of this state under the following conditions:
The visiting attorney shall file with his initial pleading the receipt for the fee required by Rule 6.01 and a statement:
(a) Identifying every court of which he or she is a member of the bar;
(b) Certifying that neither the attorney nor any member of his or her firm is under suspension or disbarment by any such court; and
(c) Designating some member of The Missouri Bar having an office within the State of Missouri as associate counsel.
The designated attorney shall enter an appearance as an attorney of record.
The visiting attorney by her or his appearance agrees to comply with the Rules of Professional Conduct as set forth in Rule 4 and becomes subject to discipline by the courts of this state.
4. This Court's September 24, 2002, order amending Rule 6.01(l) is vacated.
5. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
6. It is ordered that this order be published in the South Western Reporter.