The following rules for investigatory hearings by complaint counsel are for the guidance of complaint counsel and shall be strictly followed:
The complainant is not a party to the proceeding and has no right to be present at any stage thereof.
The accused attorney has no right to be present at any stage of the investigatory hearing, either in person or by counsel, except complaint counsel shall afford him an opportunity to make a statement, either personally or by counsel, verbally or in writing, refuting or admitting the alleged misconduct and to offer any matter in mitigation or extenuation. The accused attorney may document his statement to include the admission of affidavits but shall not have the right to present other testimony or evidence and shall have no right to confrontation.
The investigatory hearing shall neither be public nor assume the character of an adversary proceeding, and a full evidentiary hearing on the merits is not contemplated.
Formal rules of evidence will not be applied.
Investigation by complaint counsel will not be stayed by settlement, compromise, admission of guilt or restitution.
Any attorney called as a witness shall be informed before he gives evidence as to whether he is under investigation and, if so, the nature of the charges against him.
Testimony will not be elicited or received which is not germane to the charges being investigated by complaint counsel.
Structure Mississippi Code
Title 73 - Professions and Vocations
Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law
§ 73-3-301. Disciplinary jurisdiction
§ 73-3-303. Disciplinary agencies of court
§ 73-3-307. Powers of disciplinary agencies; contempt
§ 73-3-309. Committee on complaints; referral of complaints; formal requirement of complaints
§ 73-3-310. Duty of chancery and circuit courts to file complaints
§ 73-3-311. Committee on complaints; action to be taken upon receipt of complaint or charge
§ 73-3-313. Complaint counsel; investigations; notice and hearing to accused attorney
§ 73-3-315. Complaint counsel; rules governing investigatory hearings
§ 73-3-319. Committee on complaints; action to be taken upon receipt of complaint counsel's report
§ 73-3-323. Complaint tribunal; designation; per diem, mileage and necessary expenses
§ 73-3-325. Complaint tribunal; hearing; notice; rules
§ 73-3-335. Modification or termination of suspension
§ 73-3-339. Conviction or entry of plea of nolo contendere for certain offenses
§ 73-3-341. Disbarment or suspension in another jurisdiction
§ 73-3-343. Confidentiality of matters under investigation and proceedings; penalties
§ 73-3-345. Immunity from civil suit predicated on disciplinary proceedings
§ 73-3-347. Personal incapacity; meaning of term "personally incapable" to practice law
§ 73-3-349. Personal incapacity; suspension
§ 73-3-351. Personal incapacity; proceedings; circumstances showing existence of condition
§ 73-3-353. Personal incapacity; representation by counsel; guardian
§ 73-3-355. Personal incapacity; service on attorney who has been committed or declared incompetent
§ 73-3-359. Personal incapacity; mental examination and reports
§ 73-3-361. Personal incapacity; judgment of suspension by complaint tribunal
§ 73-3-363. Personal incapacity; appeal procedures
§ 73-3-365. Personal incapacity; reinstatement procedures
§ 73-3-367. Disciplinary agencies; authority to incur expenses
§ 73-3-369. Jurisdiction over nonresident attorneys; notice; service
§ 73-3-371. Plea of nolo contendere; consent order of suspension or disbarment
§ 73-3-373. Recognition of inherent power of judicial branch of government