Mississippi Code
Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law
§ 73-3-319. Committee on complaints; action to be taken upon receipt of complaint counsel's report

Within thirty (30) days of its receipt of complaint counsel's report, the committee on complaints shall take the following action:
If upon review of the record, complaint counsel's report and any written response by the accused attorney, the committee determines that there is not reasonable ground to believe that the accused attorney has been guilty of unprofessional conduct or conduct evincing unfitness for the practice of law, the committee may either re-refer the matter to complaint counsel for further investigation or may dismiss the complaint and retire the file. In the latter event, the person filing the complaint, the accused attorney and the Executive Director of the Mississippi Bar shall be given written notice of the committee's determination.
If upon review of the record, complaint counsel's report and any written response by the accused attorney, the committee determines that there is reasonable ground to believe that the accused attorney has been guilty of unprofessional conduct or conduct evincing unfitness for the practice of law, and is of the further opinion that a reprimand of the accused attorney is all that justice requires and will adequately afford the disciplinary sanctions required by the particular circumstances, the committee may administer a private reprimand, or it may, in its discretion, make public the fact of the reprimand by having the same delivered in open court by the chancery or circuit court of the county of the accused attorney. However, such action shall not be taken except upon proper notice and hearing, such notice and hearing to be upon the same formal requirements and assuring to the accused attorney the same rights and privileges as provided in Section 73-3-321 et seq. for hearings upon complaints which, if proven, would warrant suspension or disbarment. Further, any decision of the complaint tribunal to issue a reprimand shall be appealable in the same manner and to the same extent as provided in Section 73-3-329. The committee, in its discretion, may require the accused attorney to appear before it for delivery of the reprimand or may forward it to him by registered mail. In any event, written notice of the delivery of such reprimand shall be given to the person filing the complaint, the clerk of the court, the Executive Director of the Mississippi Bar, and to the judges of the circuit and chancery court districts of the accused attorney.
If the committee determines there is reasonable cause to believe the accused attorney is guilty of such conduct, which, if proven, would warrant suspension for a definite or an indefinite period or permanent disbarment, the committee shall direct complaint counsel in writing to prepare and file a formal complaint against the accused attorney. Complaint counsel shall prosecute the case to conclusion, unless the President of the Mississippi Bar, in his sole discretion, shall appoint one or more active members of the Mississippi Bar to either assist complaint counsel or to serve independently as trial attorney or attorneys in the prosecution of the proceeding to conclusion.

Structure Mississippi Code

Mississippi Code

Title 73 - Professions and Vocations

Chapter 3 - Attorneys at Law

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

§ 73-3-305. Composition of disciplinary agencies; employment of complaint counsel and other employees

§ 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

§ 73-3-317. Complaint counsel; investigatory hearings; report of testimony and findings; response by accused attorney

§ 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

§ 73-3-331. Complaint tribunal; effect of judgment of suspension or disbarment; appeal as supersedeas

§ 73-3-333. Resignation by accused attorney during course of disciplinary proceedings; procedure; effect; section provides exclusive method

§ 73-3-335. Modification or termination of suspension

§ 73-3-337. Reinstatement

§ 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

§ 73-3-357. Personal incapacity; sufficiency, as evidence, of court order of incompetence or commitment

§ 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