Miss. Bar v. Jackson
| Docket Number: | 2004-BD-00439-SCT Linked Case(s): 2004-BD-00439-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 11-04-2004 Opinion Author: Dickinson, J. Holding: Suspended from the practice of law. |
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| Additional Case Information: |
Topic: Bar discipline - Jurisdiction - Section 73-3-41- Miss.R.Disc. 6 - Suspension Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ. Non Participating Judge(s): Diaz and Graves, JJ. |
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| Party Name: | Attorney Name: | |||
| Appellant: | The Mississippi Bar |
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| Appellee: | John Edward Jackson, Jr. |
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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 - Jurisdiction - Section 73-3-41- Miss.R.Disc. 6 - Suspension |
| Summary of the Facts: | John Jackson, Jr. was found guilty by a jury of the crime of sale of marijuana within a correctional facility and was sentenced to three years. Pursuant to section 73-3-41, the Amite County Circuit Court disbarred Jackson by Sentencing Order upon Jury Verdict. Pursuant to Rule 6 of the Rules of Discipline, The Mississippi Bar filed a Formal Complaint and a Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings, requesting an order for immediate suspension of Jackson from the practice of law, based upon his being found guilty and the Sentencing Order, until such time as, upon a proper showing by the Bar, the time of appeal of the conviction has expired or the appeal is concluded without reversal, at which time Jackson should be automatically disbarred. |
| Summary of Opinion Analysis: | In Miss. State Bar v. Nichols, 562 So. 2d 1285,1287 (Miss. 1990), the Supreme Court held that it has exclusive inherent jurisdiction over an attorney and his/her license to practice law in this state. Since section 73-3-41 is in direct conflict with Nichols, the Supreme Court’s determination controls. Rule 6 of the Rules of Discipline provides the procedure for suspension and disbarment of attorneys based on conviction of a felony. Pursuant to Rule 6(a), the Complaint Counsel is to present the copy to the Court which shall strike the name of the attorney and order his immediate suspension from the practice of law. Rule 6(d) provides that, when the time for appeal from the judgment or conviction expires or all appeals have been concluded without reversal, Complaint Counsel shall certify that result to the Court which shall forthwith enter an order of disbarment. Therefore, Jackson is suspended from the practice of law pending his appeal. |
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