Friday, January 7, 2011

Great Strides Not Sufficient To Secure Reinstatement

The Mississippi Supreme Court has denied the second reinstatement petition of an attorney disbarred in 2004. The petitioner was convicted in federal court on charges that he had paid a deputy sheriff to absent himself as a witness in five DUI cases.

The court found that the attorney had made "great strides" in rehabilitation but had falsely answered a question concerning expunged matters. The favorable post-disbarment activities are set forth in the opinion:

[The petitioner] now details more of his civic, church, and community involvement: (1) joining his son and the Boy Scouts on a one-week,thirty-mile hike along the Appalachian Trail and on a week-long summer camp; (2) serving as a member of the Nutrition Board for the Gulfport City Schools; (3) serving on the Board of Directors of the Orange Grove-Lyman Chamber of Commerce; (4) volunteering for the Korean MIA Project, which helps connect the remains of lost servicemen with their families or hometowns; (5) participating in six community-theater productions; (6) volunteering regularly to clean up beaches in Harrison County; (7) serving as a poll worker during the 2008 general election; (8) serving actively in the Harrison County Republican Women; (9)
helping sponsor the Heritage Festival in Laurel, which celebrates Celtic music and heritage;
(10) spearheading efforts to clean up a cemetery in Tallahatchie County where several of
[his] distant relatives are buried; (11) re-indexing a seventy-year-old Works Project
Administration cookbook and a fifty-year-old Wesleyan Guild cookbook; and finally (12)
serving as a member of the Sons of Confederate Veterans

A dissent would hold that the asserted basis for the denial was improper because the Bar has no right under law to inquire about expunged matters. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/01/the-mississippi-supreme-court-has-denied-the-second-reinstatement-petition-of-an-attorney-disbarred-in-2004-the-petitioner-w.html

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