In re the Petition of McGuire for Reinstatement to the Miss. Bar
| Docket Number: | 2004-BR-01250-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 03-17-2005 Opinion Author: Carlson, J. Holding: PETITION FOR REINSTATEMENT CONDITIONALLY GRANTED |
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| Additional Case Information: |
Topic: Bar reinstatement - Rehabilitation - Moral character Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Nature of the Case: CIVIL - BAR MATTERS |
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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 reinstatement - Rehabilitation - Moral character |
| Summary of the Facts: | Jimmy McGuire was disbarred in 1997, based upon his felony conviction in the United States District Court for the Southern District of Mississippi for filing a false currency reporting form as required by the Internal Revenue Service. This is McGuire’s third Petition for Reinstatement to the practice of law. |
| Summary of Opinion Analysis: | The burden of proving that he has rehabilitated himself and reestablished the requisite moral character sufficient to entitle him to reinstatement is upon the petitioner. The petitioner must state the cause or causes for suspension or disbarment; give the name and current address of all persons, parties, firms, or legal entities who suffered pecuniary loss due to the improper conduct; make full amends and restitution; show that he has the necessary moral character for the practice of law; and demonstrate the requisite legal education to be reinstated to the privilege of practicing law. McGuire states with specificity the facts warranting his discipline. He has provided proof that he has made all payments ordered by the United States District Court for the Southern District of Mississippi. He has fully paid costs and expenses in the amount of $437.51. McGuire testified that he has engaged in several activities in service to his community. He spends approximately 10-14 hours per week doing charitable work, which he will continue to do if he is reinstated to the practice of law. McGuire attached approximately sixty-six letters of recommendation to his Petition for Reinstatement. Approximately fifteen of the letters were from members of the Bar. McGuire testified that he was not suffering from any medical problems except a torn biceps tendon which caused him to take a prescription medication. McGuire testified that he had not worked for anyone other than himself since his release from incarceration. McGuire stated that his future plans were to reestablish a practice on the Mississippi Gulf Coast, but that prior to doing so he would seek out a firm of reputable lawyers to work for so that he could be supervised and brought up to speed as to the practice of law. McGuire testified that since his disbarment he has read various legal textbooks concerning legal matters which interest him. He worked in the law library while incarcerated and assisted in its upgrade. McGuire took and passed the Multi-State Professional Responsibility Exam in March 2001 and testified that he has also participated in bar-review courses in anticipation of being able to sit for the Mississippi Bar Exam. The Bar now states that it conditionally supports McGuire’s reinstatement. Therefore, McGuire is reinstated to the practice of law in the State of Mississippi conditioned upon his passing the Mississippi Bar Exam and the Multi-State Professional Responsibility Exam prepared by the National Conference of Bar Examiners, as required by Rule 12.5 of the Mississippi Rules of Discipline. |
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