In re the Petition for Reinstatement to the Practice of Law of Baldwin
| Docket Number: | 2003-BR-00043-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-25-2003 Opinion Author: McRae, P.J. Holding: Petition for Reinstatement, denied. |
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| Additional Case Information: |
Topic: Bar reinstatement - Miss.R.Disc. 12 - Medical documentation - Practicing law Judge(s) Concurring: Smith, P.J., Waller, Cobb, Easley and Carlson, JJ. Non Participating Judge(s): Pittman, C.J., and Diaz, J. Concurs in Result Only: Graves, J. Nature of the Case: CIVIL - BAR MATTERS |
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| Trial Court: |
Date of Trial Judgment: 12-16-1999 Case Number: 1999BD1361 |
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| Note: | The Mississippi Bar's Motion to Supplement the Answer of The Mississippi Bar to the Petition of Gerald Keats Baldwin, Jr., for Reinstatement to the Practice of Law as a Member of The Mississippi Bar is granted. | |
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Bar reinstatement - Miss.R.Disc. 12 - Medical documentation - Practicing law |
| Summary of the Facts: | Gerald Baldwin, Jr., petitions for reinstatement to the practice of law following his disbarment for felony possession of cocaine. The Mississippi Bar opposes his reinstatement. |
| Summary of Opinion Analysis: | Under Rule 12 of the Rules of Discipline, reinstatement is contingent upon the petitioner including a list of names and addresses of persons, parties, firms, or legal entities who suffered pecuniary loss due to the attorney's misconduct; showing that he has made full amends and restitution or providing a statement to the effect that full amends and restitution is not appropriate or has been imposed; showing that he has the requisite moral character; and showing that he has the requisite legal learning. Although no one suffered pecuniary loss as a result of Baldwin’s cocaine possession, he was ordered to pay a $3,000 fine, which he has fully paid. Baldwin has paid the Bar all costs associated with this action. Although Baldwin alleges that he participated in and completed a three-month outpatient drug treatment program, he did not submit any medical documentation from any facility showing the negative drug test results, the completion of any drug programs, doctor's reports or letters of recommendation regarding his progress, or the names of any employees of any of the treatment facilities. Most of Baldwin’s participation in community activities has consisted of financial donations, except the coaching of a girls soccer team and his church affiliation. Baldwin has provided eight letters of recommendation from Mississippi attorneys in good standing. If reinstated, Baldwin intends to return to law practice in Madison County. Baldwin indicates that he has read various statutes and cases while disbarred. It has come to light that Baldwin is either practicing law, participating in the practice of law, or placing himself in such a position that he gives the "appearance" of practicing law. He appears to even hold himself out to the public as an attorney. Overall, the evidence presented does not support a finding for reinstatement. |
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