The opinion of the court was delivered by: Mills, Justice, For The Court:
COURT FROM WHICH APPEALED: COMPLAINT TRIBUNAL
NATURE OF THE CASE: CIVIL - BAR MATTERS
DISPOSITION AFFIRMED - 5/14/98
MOTION FOR REHEARING FILED:
¶1. Today we once again address the matter of Robert Charles Robb, III and his fitness to practice law. This Court suspended Robb from the practice of law in the State of Mississippi for six months on June 20, 1996. Mississippi Bar v. Robb, 684 So.2d 615 (Miss.1996). We remanded his petition for reinstatement for a full evidentiary hearing on November 26, 1997. See In Re Robb, 702 So.2d 423 (Miss.1997). The Complaint Tribunal filed its Findings of Fact and Report to this Court on February 23, 1998. We now must determine whether to reinstate Robb to the practice of law. Discussion
¶2. "The function of the reinstatement petition is to determine whether the attorney has complied with the terms of the suspension order and whether he has otherwise appropriately conducted himself." Haimes v. Mississippi State Bar, 551 So.2d 910, 912 (Miss.1989) (construing Rule 12, Rules of Discipline).
¶3. We are satisfied that Robb has met the minimum requirements of complying, if begrudgingly, with the specific terms of his suspension order. However, the proof is less than compelling that he has appropriately conducted himself in the interim following his suspension.
¶4. This cause was remanded to the Complaint Tribunal for findings of fact due to our concern regarding a gun incident involving Robb and Gloria Fisher at a Delchamps grocery during his suspension period. Robb was deposed on February 11, 1997 by the Mississippi Bar. Under oath, Robb described the Delchamps incident as follows:
A. That's either a Tuesday or Wednesday, as I recall. And I walked into the back and there were two ladies back there. Gloria was kind of into my front, and the other lady was to the left. And I held up the doughnuts. I said, Gloria, are these day-old doughnuts? Don't you have anything fresh? And she said, What? And I said, We need some day-old doughnuts. About that time my - - the pistol, because I had some problems with it, started slipping. I pulled - - it has a spring in it. I think you're familiar with the gun. It has a spring up in the barrel. You know, it was forcing its way through, and it was about to come apart. And I pulled it out and I stuck the pistol, the barrel - - not the barrel, but the front of the gun into my side to push the spring back up in it and stuck it in my belt.
And about that time Gloria said, Ooh, wee, what is that? And I said, Have you got some doughnuts? She said, Let me see that. She walked around up to me and she said, Let me see that. I said, No, no, no. You know, you might hurt yourself. It was kind of a knee-jerk response. Even though the gun wasn't loaded and didn't have a barrel in it, the response was, you know, you don't play with guns, especially somebody like that who is not familiar with it.
So I said, I need a half a dozen doughnuts. And she said, Why don't you get - - she said, Okay, I'll cook you some. I'll fix you some. We don't have any. I said, Well, Gloria, cook me some, you know. I said, She's working - - the lady that was there with her, I pointed. I ...