Stewart v. Miss. Bar
| Docket Number: | 2008-BR-00138-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-18-2008 Opinion Author: WALLER, PJ. Holding: Petition for Reinstatement to the Practice of Law Denied. |
|
| Additional Case Information: |
Topic: Bar reinstatement - Rehabilitated moral character Judge(s) Concurring: SMITH, C.J., CARLSON, RANDOLPH AND LAMAR, JJ., Non Participating Judge(s): EASLEY, J. Dissenting Author : DICKINSON, J., with separate written opinion. Dissent Joined By : DIAZ, P.J., AND GRAVES, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - BAR MATTERS |
|
| Trial Court: |
Date of Trial Judgment: 09-02-2004 Case Number: 2004-BD-755 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | JOE GREGORY STEWART |
MICHAEL B. MARTZ |
||
| Appellee: | THE MISSISSIPPI BAR | ADAM BRADLEY KILGORE |
|
|
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. |
|
| Topic: | Bar reinstatement - Rehabilitated moral character |
| Summary of the Facts: | Joe Gregory Stewart pled guilty to one count of conspiracy to commit extortion under color of official right in the United States District Court for the Northern District of Mississippi. He was sentenced to serve three years on probation and to pay a $20,000 fine and a $100 special assessment. The probation term ended March 3, 2007. Shortly after Stewart’s guilty plea, the Mississippi Bar filed a complaint to have Stewart disbarred. Stewart did not respond to the complaint, and he was disbarred. Stewart has now filed a petition for reinstatement to the practice of law. The Bar opposes his reinstatement on the basis that his misconduct was too egregious for readmission to be considered. |
| Summary of Opinion Analysis: | The offense for which Stewart pleaded guilty was not only a felony conviction of extortion, but one which undermined the integrity of our legal system. There is the possibility, assuming Stewart’s clients were guilty, that the State suffered pecuniary loss in the amount of the applicable fine. Stewart paid the fine and special assessment imposed by the federal district court and paid the full costs and expenses related to his disbarment. As evidence of his rehabilitation, Stewart cites community service, church involvement, and accommodations provided by the hotel he manages. Stewart has not engaged in the practice of law. Stewart submitted letters of recommendation from the chancellor of the University of Mississippi, one faculty member of the University of Mississippi, one faculty member of the Mississippi College School of Law, a retired chancellor, and six members of the Bar in support of his petition for reinstatement. Stewart stated he has been rehabilitated because he self-reported his crime and cooperated with the FBI. Stewart plans to represent himself in future business dealings with his hotel development business, and possibly work for another real-estate attorney. The evidence of Stewart’s civic and community involvement centers around gratuities made by his family-owned hotel, including hosting pool parties and reserving blocks of rooms for workers on the coast after Hurricane Katrina. Furthermore, because the hotel is owned by his wife, it is unclear whether these gratuities are solely attributable to him. Stewart must show that his good deeds have arisen from his own efforts and resources and demonstrate clearly a reformation of character and conduct since his disbarment. Stewart must show that his actions, beyond being good deeds of a general nature, evidence a fundamental change in his character. Stewart has failed to evidence the firm resolve required. Stewart performed no community service beyond what was required of him during his sentencing for the underlying felony and has indicated no intent to do so in the future. Though Stewart has successfully shown some rehabilitation and outward improvement in his conduct, he has failed to show the requisite rehabilitated moral character to be reinstated. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
