Rule 6 Suspensions and Disbarments Based on Other Proceedings

(a) Whenever any attorney subject to the disciplinary jurisdiction of the Court shall be convicted in any court of any state or in any federal court, or enter a plea of guilty or a plea of nolo contendere therein, or tender a guilty plea pursuant to the provisions of Miss. Code Ann. § 99-15-26 (1972, as amended), or any similar provision in state or federal law of any felony (other than manslaughter) or of any misdemeanor involving fraud, dishonesty, misrepresentation, deceit, or willful failure to account for money or property of a client, a certified copy of the proof of the finding of guilt, or judgment of conviction, tender of a plea of guilty or plea of nolo contendere, or order accepting or acknowledging the offer or tender of a guilty plea, or any similar provision in state or federal law shall be presented to the Court by the Office of General Counsel and shall be conclusive evidence thereof. The Court shall then forthwith strike the name of the attorney and order the attorney’s immediate suspension from the practice of law.

(b) Upon reversal of the conviction or judgment that has resulted in the automatic suspension, the attorney may seek reinstatement pursuant to Rule 13. For purposes of these Rules, executive clemency or pardon shall not constitute reversal of the conviction and shall not bar or terminate disciplinary proceedings predicated upon such convictions or judgments. Dismissal of charges pursuant to the provision of Miss. Code Ann. § 99-15-26 (1972, as amended), or any similar state or federal statute shall have no effect upon disciplinary proceedings or sanctions predicated upon an entry, offer, or tender of a plea of guilty or nolo contendere.

(c) Whenever any attorney subject to the disciplinary jurisdiction of the Court shall have entered against the attorney in any court of any state or in any federal court a civil judgment in accordance with Miss. Code Ann. § 11-49-3 (1972, as amended), or any other civil judgment based upon clear and convincing evidence of fraud, misrepresentation, dishonesty, deceit, or willful failure to account for money or property of a client, a certified copy of the judgment, upon becoming final, shall be presented to the Court by the Office of General Counsel and shall constitute sufficient, clear and convincing evidence of the facts necessary to support such judgment, and, unless successfully rebutted, the Court shall forthwith strike the name of the attorney from the registry of attorneys licensed to practice law in the State of Mississippi and order the attorney’s immediate suspension from the practice of law. This section shall not apply to Internal Revenue Code, Federal Communications Commission, Securities and Exchange Commission, Federal Trade Commission, and/or similar Federal Agency violations involving civil judgments and/or civil

penalties, but nothing herein contained shall prohibit disciplinary prosecution for felony convictions based upon such violations.

(d) When time for appeal from judgment or conviction provided above expires or all appeals have been concluded without reversal, the Office of General Counsel shall certify that result to the Court, and the Court shall forthwith enter an order of disbarment.

(e) Upon conviction of manslaughter, the Office of General Counsel shall immediately commence an investigation and where warranted shall, upon directive of the Committee on Professional Responsibility, present the matter to the Court for its consideration as herein set forth.

(f) The judge of any court within this state shall have the affirmative duty to cause a certified copy of proof of the finding of guilt, a judgment of conviction, tender of a guilty plea or plea of nolo contendere, or order accepting or acknowledging the offer or tender of a plea pursuant to Miss. Code Ann. § 99-15-26 (1972, as amended), or any similar provision of a state or federal law to be transmitted to the Office of General Counsel within ten (10) days after the finding of guilt, tender of plea of guilty or plea of nolo contendere, or entry of the order accepting or acknowledging the offer or tender of the plea or agreement.

Procedure

(6.1) A complaint, with a certified copy of the finding of guilt, or judgment of conviction, or tender of plea of guilty or plea of nolo contendere or order accepting or acknowledging the entry, offer, or tender of a plea pursuant to Miss. Code Ann. § 99-15-26 (1972, as amended), or any similar provision of state or federal law attached, and a motion for immediate suspension pending conclusion of the criminal proceedings, including appeals, shall be filed with the Court, upon which the attorney shall be automatically suspended subject to the right of such attorney to move for reconsideration upon a showing that the finding of guilt, judgment, or conviction has been reversed or a new trial is granted.

(6.2) Upon a showing that the criminal proceedings have finally concluded, the time for all appeals has expired, or that all appeals have been concluded without reversal, the attorney shall be automatically disbarred.

(6.3) In a proceeding based upon a civil judgment, the Office of General Counsel shall file a complaint, with a certified copy of the judgment attached, which shall constitute a prima facie case.

(6.4) All proceedings brought pursuant to Rule 6 of these Rules shall in all respects be matter of public record, Rule 16 of these Rules notwithstanding.