Friday, May 30, 2008
The Mississippi Supreme Court has amended its rules of bar discipline relating to a reveresed criminal conviction. Previously, an attorney was immediately reinstated upon reversal. Now, such an attorney may seek reinstatement. In a nice turn of phrase, the court's clerk "shall spread this Order upon the minutes of the Court..."
A dissent concludes that the court should retain the discretion to immediately reinstate in appropriate circumstances: "I believe the majority has addressed one problem, and invited another." The court should be able "to immediately reinstate attorneys who are victims of obvious wrongful prosecution and conviction." (Mike Frisch)