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The Mississippi Bar v. Plunkett

Supreme Court of Mississippi

February 27, 2019

THE MISSISSIPPI BAR
v.
SHARON G. PLUNKETT

          ORDER OF DISBARMENT

          JAMES D. MAXWELL II, JUSTICE

         ¶1. This matter came before the Court sitting en banc on the Amended Formal Complaint filed December 4, 2018, by the Mississippi Bar against Sharon G. Plunkett, a member of the Bar who pled guilty to and was convicted of felony embezzlement of $5, 000 to $25, 000.[1]

         ¶2. Under Rule 6 of the Rules of Discipline for the Mississippi Bar, conviction of the crime of embezzlement is cause for summary disbarment. Miss. Bar v. Odom, 573 So.2d 710, 711 (Miss. 1990) (applying Miss. R. Discipline 6(a), (d)). Invoking Rule 6, the Mississippi Bar requests Plunkett's disbarment. The Bar has attached a certified copy of the judgment of conviction against her, which we treat as "conclusive evidence" that Plunkett committed the disbarrable offense of felony embezzlement of $5, 000 to $25, 000. Odom, 573 So.2d at 711. See also Miss. R. Discipline 6(d) (directing that, when the time for appeal of the conviction expires, "Complaint Counsel shall certify that result to the Court, and the Court shall forthwith enter an order of disbarment"). Moreover, in her response, Plunkett admits her conviction[2] and concedes that the Bar should be granted the relief it requests.

         ¶3. IT IS THEREFORE ORDERED as follows:

1. Sharon G. Plunkett is hereby disbarred from the practice of law in the State of Mississippi, and her name shall be immediately removed from the rolls of the Mississippi Bar;
2. The Clerk of the Supreme Court of Mississippi (the Clerk) shall immediately forward to the attorneys of record for each party herein a copy of this Order of Disbarment and shall send Plunkett's copy by certified mail, return receipt requested;
3. The Clerk shall immediately forward an attested copy of this Order of Disbarment to the Clerks of the United States District Court, Northern and Southern Districts of Mississippi, to the Clerk of the United States Court of Appeals for the Fifth Circuit, and to the Clerk of the Supreme Court of the United States;
4. The Clerk shall immediately forward an attested copy of this Order of Disbarment to the judges of the circuit, chancery, and county courts of the districts where Plunkett resided and practiced law, with instructions to include a copy of this judgment upon the minutes of their respective courts;
5. The Clerk shall forward an attested copy of this Order of Disbarment to the Executive Director of the Mississippi Bar;
6. The Bar is entitled to recover from Plunkett all costs of this disciplinary proceeding, as well as all previously assessed sums. See Miss. R. Discipline 27(a). The Bar shall file its Motion for Costs and Expenses with the Court within ten days of the filing of this Order;
7. Plunkett is hereby enjoined from practicing law in Mississippi; from holding herself out as an attorney at law; from performing any legal service for others; from accepting any fee directly or indirectly for legal services to be performed for others; from appearing as counsel or in any representative capacity in any proceeding in any court of the State of Mississippi, or before any administrative body or agency thereof; from holding herself out to others as or using her name in any manner in conjunction with the phrases "attorney at law," "attorney," "counselor at law," "counselor," or "lawyer," for the period of her disbarment until such time as she is reinstated to the practice of law in this State by the Supreme Court of Mississippi;
8. Within ten days of receipt of this Order of Disbarment, Plunkett shall notify in writing each of her Mississippi clients of her disbarment and of her consequent inability to act as an attorney and shall advise each such client to promptly substitute another attorney or attorneys in her place or to seek legal advice elsewhere;
9. Plunkett shall return all files, papers, monies, and other properties belonging to her Mississippi clients in her possession, if any such clients request same after receiving notification from her. Within thirty days of receipt of this Order of Disbarment, Plunkett shall file with this Court an Affidavit stating that all current Mississippi clients have been notified of her disbarment and that all files, papers, monies and other property belonging to such clients have been returned as ordered herein and showing, in the cases where it was not possible to notify such clients or return their property, that due diligence was used to do so;
10. Within ten days of receipt of this Order of Disbarment, Plunkett shall notify every attorney and adverse party in any Mississippi proceeding in which she is involved and all affected courts and agencies, of her disbarment and consequent inability to act as an attorney. Within thirty days of receipt of this Order of Disbarment, Plunkett shall file with this Court an Affidavit stating that all attorneys or adverse parties in any such proceeding in which she is involved, and ...

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