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In re Rules of Discipline For Mississippi Bar

Supreme Court of Mississippi

May 13, 2019

IN RE: RULES OF DISCIPLINE FOR THE MISSISSIPPI BAR

          ORDER

          LESLIE D. KING, PRESIDING JUSTICE

         Before the Court en banc is the Amended Petition to Amend Certain Rules of the Rules of Discipline for the Mississippi State Bar. After due consideration, the Court finds the petition should be granted in part as set forth in Exhibit A. The Court further finds that the petition should remain pending before the Court.

         IT IS THEREFORE ORDERED that the Amended Petition to Amend Certain Rules of the Rules of Discipline for the Mississippi State Bar is hereby granted in part as set forth in Exhibit A. These amendments are effective on July 1, 2019.

         IT IS FURTHER ORDERED that the Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition).

         SO ORDERED.

         ALL JUSTICES AGREE TO GRANT.

         Exhibit

         A Rule 12. Reinstatement

         (a) No person disbarred or suspended for a period of six (6) months or longer shall be reinstated to the privilege of practicing law except upon petition to the Court.

         (b) Reinstatement to the practice of law following any suspension shall be only upon proof of compliance with any such sanctions.

         (c) Reinstatement to the practice of law following an attorney's transfer to disability inactive status is governed by Rule 23 of these Rules.

         (d) An attorney who has been disbarred for conviction of a felony criminal offense which conviction occurred after April 4, 2002, in a court of this state or any other state, or a court of the United States for any felony crime a necessary element of which, as determined by the statutory or common law definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, the sale or distribution of a controlled substance, or an attempt, conspiracy or solicitation of another to commit such a crime, shall be ineligible for reinstatement to the practice of law.

         (e) An attorney who has been disbarred based on an underlying civil judgment pursuant to Rule 6(c) and (d) of these Rules shall be ineligible for reinstatement to the practice of law.

         Procedure

         (12.1) Disbarments. The petition for reinstatement shall not be filed until five (5) years after the date the order of disbarment became final.

         (12.2) Suspensions. A petition for reinstatement shall be required in all cases of suspension for a period of six (6) months or more. In cases of suspension pending satisfaction of conditions precedent, reinstatement shall not be permitted except upon proof that the conditions have been met.

         (12.3) Suspensions - Revocation of Probation. Probation may be revoked upon clear and convincing proof that the attorney has failed to meet the terms of the probation. It shall be the duty of Complaint Counsel to monitor such suspensions with probation, to receive any reports which the attorney may be required to submit, and to take such action as may be appropriate in the circumstances.

         (12.4) Suspensions - Time for Filing Petitions for Reinstatement. A suspended attorney shall not file a petition for reinstatement until the expiration of the period of suspension and all conditions precedent are met.

         (12.5) Examination Requirements. No sooner than six (6) months prior to the time of eligibility for reinstatement of an attorney suspended for six months or longer, the petitioning attorney shall take the Multi-State Professional Responsibility Exam, as prepared by the National Conference of Bar Examiners, and achieve the score required for admission of new attorneys to the Bar. No sooner than six (6) months prior to the time of eligibility for reinstatement, a disbarred attorney shall be required to take and pass the complete Bar examination administered by the Mississippi Board of Bar Admissions and achieve the score required for admission of new attorneys to the Bar and the Multi-State Professional Responsibility Exam with the score required for admission of new attorneys to the Bar.

         (12.6) Effect - Adverse Determination. If a petition for reinstatement is denied or otherwise dismissed, no other petition shall be filed until one (1) ...


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