Proceedings to determine whether an attorney is personally incapable to practice law shall be instituted and conducted in the same manner and upon the same procedure as disciplinary proceedings, except as otherwise set out in Sections 73-3-347 through 73-3-365. In addition to, and without exclusion of, any other circumstances, cause to believe that an attorney may be personally incapable to practice law shall exist whenever information is received that such member (a) has interposed successfully a defense of mental incompetence to secure abatement of, or to defeat an adverse determination in, a disciplinary proceeding brought against him in any tribunal in any jurisdiction, (b) has defended, upon like grounds, a suit brought against him in any tribunal in any jurisdiction, (c) has been judicially declared incompetent, or (d) has been legally committed to an institution for the treatment of mental illness.
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