Miss. Bar v. Ellington


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Docket Number: 2004-BD-01063-SCT
Supreme Court: Opinion Link
Opinion Date: 10-28-2004
Additional Case Information: Topic: Bar discipline - Irrevocable resignation - Miss.R.Disc. 10.5
Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ.
Non Participating Judge(s): Diaz and Graves, JJ.
  Party Name: Attorney Name:  
Appellant: The Mississippi Bar



 
Appellee: Richard R. Ellington  
Synopsis provided by:

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Topic: Bar discipline - Irrevocable resignation - Miss.R.Disc. 10.5
Summary of the Facts: The Mississippi Bar filed a formal complaint seeking the disbarment of Richard R. Ellington, based on Ellington’s conviction for conspiracy to commit mail fraud, in violation of 18 U.S.C. § 371, and mail fraud, in violation of 18 U.S.C. § 1341. Ellington wrote a letter to the Executive Director for the Bar and the Office of General Counsel for the Bar stating that he did not intend to respond to the complaint and that he wished to voluntarily resign from the Bar. The Bar now requests that the Court accept Ellington’s resignation, terminate all disciplinary proceedings, revoke Ellington’s license to practice law, forever bar his right to seek reinstatement, and deem the resignation as a disciplinary action.
Summary of Opinion Analysis: Individually and collectively the letters sent by Ellington satisfy the requirements of Rule 10.5 of the Rules of Discipline. In each he acknowledged the disciplinary matters pending against him, stated that he did not desire to defend such and requested permission to resign. The Court accepts Ellington’s irrevocable resignation, revokes his license and bars forever his right to seek reinstatement.


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