Montgomery v. Miss. Bar
Docket Number: | 2008-BA-00081-SCT Linked Case(s): 2008-BA-00081-SCT |
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Supreme Court: |
Opinion Date: 05-08-2008 Opinion Author: Dickinson, J. Holding: This matter is before the Court en banc on the Motion to Stay Execution of Judgment Pending Appeal and a Notice of Appeal from the action of the Committee on Professional Responsibility of The Mississippi Bar filed by Monique Montgomery and the Motion of The Mississippi Bar for Clarification of En Banc Order. The Motion to Stay Execution of Judgment Pending Appeal is remanded to a Complaint Tribunal for an evidentiary hearing on the issue of whether Montgomery made a timely request for a formal disciplinary proceeding under Rule 7 of the Rules of Discipline of The Mississippi Bar. If it is determined that she made such a timely request and that a formal disciplinary proceeding before the Complaint Tribunal is not otherwise barred, the Complaint Tribunal shall conduct such proceedings in accordance with the Rules of Discipline. The appeal in this cause is hereby dismissed, but without prejudice to such right as either party may have to appeal from the adjudication of the Complaint Tribunal. The Motion of The Mississippi Bar for Clarification of En Banc Order is dismissed. |
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Additional Case Information: |
Non Participating Judge(s): Graves, J. Dissenting Author : Easley, J., disagrees. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - BAR MATTERS |
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Trial Court: |
Date of Trial Judgment: 12-07-2007 Case Number: 06-338-2 |
Party Name: | Attorney Name: | |||
Appellant: | Monique Brooks Montgomery |
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Appellee: | The Mississippi Bar |
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