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May 30, 2008

Mississippi Rule Change

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)

May 30, 2008 in Bar Discipline & Process | Permalink

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