Miss. Bar v. Pierce


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Docket Number: 2010-BD-00936-SCT

Supreme Court: Opinion Link
Opinion Date: 01-13-2011
Opinion Author: Lamar, J.
Holding: Disbarred.

Additional Case Information: Topic: Bar discipline - Felony conviction - Miss.R.Disc. 6(a) - Miss.R.Disc. 11(c) -Assessment of costs - Miss.R.Disc. 27(a)
Judge(s) Concurring: Waller, C.J., Carlson, P.J., Graves, P.J., Randolph, Kitchens and Pierce, JJ.
Dissenting Author : Dickinson, J.
Dissent Joined By : Chandler, J.

  Party Name: Attorney Name:  
Appellant: The Mississippi Bar




ADAM B. KILGORE



 

Appellee: Greg Pierce PRO SE  

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Topic: Bar discipline - Felony conviction - Miss.R.Disc. 6(a) - Miss.R.Disc. 11(c) -Assessment of costs - Miss.R.Disc. 27(a)

Summary of the Facts: Greg Pierce pled guilty and was convicted of felony possession of a controlled substance in 2006. The Mississippi Bar has filed a complaint requesting disbarment of Pierce based on his conviction. Pierce asserts that he resigned from the Bar in June 2006, and argues that he should not be taxed with the costs of this action.

Summary of Opinion Analysis: Pierce’s felony conviction is undisputed. The Bar presented the Court with a certified copy of the judgment of conviction accepting Pierce’s guilty plea. Under Miss.R.Disc. 6(a), the certified copy of the judgment of conviction “shall be conclusive evidence thereof.” Therefore, the Bar has met its burden to show that Pierce should be disbarred immediately. The only issue is whether Pierce should pay costs associated with this action when he already has “resigned” from the Bar. The Bar’s action in this case is both necessary and appropriate. Pierce was a member of the Bar when he committed this felony offense, and he was subject to the discipline of the Court. Further, there is no evidence that Pierce complied with Miss.R.Disc. 11(c), which requires an attorney to give notice to clients and our trial courts upon disbarment, suspension, or resignation. Therefore, Pierce is disbarred from the practice of law and assessed the costs incurred in the investigation of this matter under Miss.R.Disc. 27(a).


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