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MISSISSIPPI STATE BAR ASSOCIATION v. JOHN T. COTTER

SEPTEMBER 23, 1987

MISSISSIPPI STATE BAR ASSOCIATION
v.
JOHN T. COTTER



ON MOTION TO DISMISS AND ANSWER

EN BANC.

HAWKINS, PRESIDING JUSTICE, FOR THE COURT:

The Mississippi State Bar filed a formal complaint with the Court against John T. Cotter, an attorney pursuant to Rule 6 of the Rules of Discipline for the Mississippi State Bar, attaching thereto certified copies of eight convictions of Cotter in the Justice Court of Jackson County for executing checks when he had insufficient funds in the bank to cover them. We have reviewed Cotter's response and concluded he should be disbarred.

 FACTS

 John T. Cotter, an attorney, over a period of time executed eight checks to business establishments in Jackson County for merchandise or cash when he had insufficient funds in the bank to pay the amount of the check.

 On May 20, 1984, he executed a check to a nursery and floral business for $31.48 returned for insufficient funds. A criminal affidavit was filed against him in the Jackson County Justice Court on November 14, 1984.

 On May 30, 1984, he executed a check to" Joe's Short Stop "for $15.00 returned for insufficient funds. A criminal affidavit was filed against him in the justice court on November 30, 1984.

 On June 2, 1984, he executed a check to a" K-Mart "store for $40.20 returned for insufficient funds. A criminal affidavit was filed against him in the justice court on January 23, 1985.

 On June 3, 1984, he executed a check to a Piggly Wiggly store for $67.69 which was returned for insufficient funds. A criminal affidavit was filed against Cotter in the justice court on August 9.

 On November 15, 1985, he executed a check to" Publik Warehouse "for $100 returned for insufficient funds. A criminal affidavit was filed against him in the justice court on December 23.

 On November 30, 1985, he executed a check to" K-B Drugs "for $34.00 returned for insufficient funds. A criminal affidavit was filed against him in the justice court on January 24, 1986.

 On December 3, 1985, he executed a check to" Tastee Freeze #2 "for $9.86 returned for insufficient funds. A criminal affidavit was filed against him in the justice court on January 23, 1986.

 For these seven offenses he was found" guilty in absentia "on March 3, 1986, by the justice court, and fined $25.00 plus $27.50 costs in each case, and ordered to make restitution. He paid each of these fines.

 On July 1, 1986, he executed a check to" Gautier Chevron "for $40.00 returned for insufficient funds. A criminal affidavit was filed against him in the justice court on August 29. Cotter pleaded guilty on October 8, was fined $50.00 plus costs, with the fine suspended, and also ordered to make restitution.

 The criminal affidavits charged him with obtaining money under false pretenses by making, issuing and delivering a check when he had insufficient funds to pay the check in the ...


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