context: It is immediately evident that the Commission was inconsistent in its applica tion of the legal concept of "misconduct." The legal definition of "misconduct," because it is an interpretation of the language of a statute, is a question of law. See Petet v. State, Dep't ofSoc. While no court has interpreted "misconduct" as used in SS 313.812.14(9), the Missouri Supreme Court has defined the term in another context by utilizing the dictionary definition found in Black's Law Dictionary.
citation_a.signal: see
citation_a.identifier: 847 S.W.2d 800, 806
citation_a.parenthetical: defining misconduct in the context of judicial discipline proceedings by reference to Black's Law Dictionary
citation_a.sentence: See In re Baber, 847 S.W.2d 800, 806 (Mo. banc 1993) (defining misconduct in the context of judicial discipline proceedings by reference to Black’s Law Dictionary); See also In re Conard, 944 S.W.2d 191, 201 (Mo. banc 1997) (applying the dictionary definition as set forth in Baber, 847 S.W.2d at 806). The Supreme Court found that “[m]iseonduct means transgression, dereliction, unlawful, or wrongful behavior, or impropriety that is willful in nature.” Conard, 944 S.W.2d at 201. Since the Supreme Court did not define “willful” in Baber or Conard, this court utilizes the dictionary definition of “willful.” “Willful” is defined as “proceeding from a conscious motion of the will; ... deliberate.
citation_b.signal: see also
citation_b.identifier: 944 S.W.2d 191, 201
citation_b.parenthetical: applying the dictionary definition as set forth in Baber, 847 S.W.2d at 806
citation_b.sentence: See In re Baber, 847 S.W.2d 800, 806 (Mo. banc 1993) (defining misconduct in the context of judicial discipline proceedings by reference to Black’s Law Dictionary); See also In re Conard, 944 S.W.2d 191, 201 (Mo. banc 1997) (applying the dictionary definition as set forth in Baber, 847 S.W.2d at 806). The Supreme Court found that “[m]iseonduct means transgression, dereliction, unlawful, or wrongful behavior, or impropriety that is willful in nature.” Conard, 944 S.W.2d at 201. Since the Supreme Court did not define “willful” in Baber or Conard, this court utilizes the dictionary definition of “willful.” “Willful” is defined as “proceeding from a conscious motion of the will; ... deliberate.