Whenever any attorney subject to the disciplinary jurisdiction of the court shall be convicted in any state court or in any federal court, or enter a plea of guilty or a plea of nolo contendere therein, of any felony other than manslaughter or any violation of the United States Internal Revenue Code, or of any offense involving fraud, dishonesty, misrepresentation, deceit, failure to account for money or property of a client, or of any offense involving moral turpitude, a certified copy of the judgment of conviction shall be presented to the court by the Board of Commissioners. Upon the presentation of such certified copy of judgment, the court shall forthwith strike the name of the attorney so convicted or who entered such a plea from the rolls of the Mississippi Bar and order his immediate suspension from practice, pending an appeal and final disposition of disciplinary proceedings. Such attorney will be reinstated immediately upon the reversal of his conviction for the offense that has resulted in his automatic suspension, but such reinstatement shall not terminate any disciplinary proceeding then pending against the attorney.
A certified copy of the final judgment of conviction of an attorney for any offense hereinabove specified shall be conclusive evidence of his guilt of that offense in any disciplinary proceeding instituted against him and based on said conviction.
Upon the conviction of an attorney, or the entry by him of a plea of nolo contendere, for the above offenses, excluding manslaughter or any violation of the United States Internal Revenue Code, the Board of Commissioners shall immediately direct complaint counsel to institute a disciplinary proceeding in which the sole issue to be determined will be the extent of the final discipline to be imposed; provided, however, a disciplinary proceeding so instituted shall not be brought to hearing until all appeals from such conviction have been concluded.
The judge of any court within this state in which an attorney has been convicted for any of the above enumerated offenses shall cause to be transmitted to the court and to the Board of Commissioners a certified copy of the judgment of conviction.
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