Welsh v. Mounger, et al.
| Docket Number: | 2002-CA-01245-SCT Linked Case(s): 2002-CA-01245-SCT ; 2002-CA-01245-SCT ; 2002-CA-01245-SCT ; 2002-CA-01245-SCT ; 2002-CA-01245-SCT ; 2002-CA-01245-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 03-17-2005 Opinion Author: Smith, C.J. Holding: PUBLIC REPRIMAND AND MONETARY SANCTION |
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| Additional Case Information: |
Topic: Bar discipline - Candor towards tribunal - Miss.R.Prof.Conduct 3.3 - Knowingly making false statement about judge - Miss.R.Prof.Conduct 8.2 - Public reprimand Judge(s) Concurring: Cobb, P.J., Easley, Carlson and Dickinson, JJ. Non Participating Judge(s): Waller, P.J., Diaz, Graves and Randolph, JJ. Nature of the Case: CIVIL - TORTS - OTHER THAN PERSONAL INJURY AND PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 06-27-2002 Judge: Denise Owens Case Number: G2000-1611 O/3 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Edwin Welsh |
JAMES R. HUBBARD
DANA E. KELLY
PHILLIP J. BROOKINS
JOHN LEONARD WALKER
GRADY F. TOLLISON
E. FARISH PERCY |
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| Appellee: | William M. Mounger, II, E. B. Martin, Jr., MSM, Inc., Mercury Wireless Management, Inc. | JOHN L. MAXEY GEORGE R. FAIR PAUL STEPHENSON DONNA ROSS PHILIP |
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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 discipline - Candor towards tribunal - Miss.R.Prof.Conduct 3.3 - Knowingly making false statement about judge - Miss.R.Prof.Conduct 8.2 - Public reprimand |
| Summary of the Facts: | Dana Kelly was ordered to appear before the Supreme Court, sitting en banc, after filing a motion for reconsideration of the Court’s denial of his motions for the recusal of two justices made after the Court’s opinion in Welsh v. Mounger, 883 So. 2d 46 (Miss. 2004), was handed down. |
| Summary of Opinion Analysis: | Until Kelly was ordered to appear before the Court, his submissions to the Court in this matter were disrespectful, disingenuous, and totally unapologetic. Kelly accused the Court of being “incomplete” and “inaccurate.” He repeatedly made the inaccurate claim that “Mounger was the single largest individual contributor to Justice Dickinson’s election campaign,” even after being warned in a previous order that the statement was false. Attorneys are officers of the Court and as such, according to Rule 3.3 of the Mississippi Rules of Professional Conduct, are charged with displaying candor towards the tribunal. Kelly violated this mandate by knowingly continuing to make false statements of material fact to the Court. Rule 8.2 of the Mississippi Rules of Professional Conduct expressly prohibits lawyers from making a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge. Kelly repeated false accusations even after having been corrected by the Court. Kelly should have timely filed his motion before Justice Dickinson voted on the merits of the case, he should have supported his motion with evidence in the record, and he should have presented the Court with legal authority, rather than a newspaper editorial and a speech given by the Chief Justice. All attorneys are required to comply with these restrictions and requirements. Due to Kelly’s behavior, sanctions in the amount of a $1,000, and a public reprimand are appropriate. |
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