Rule 7 Committee on Professional Responsibility Duties and Powers

(a) The Committee on Professional Responsibility shall function as a grand jury in matters of attorney discipline.

(b) Upon receipt of a grievance, the Office of General Counsel’s report and any response by the attorney, Committee shall:

(i) Dismiss the grievance as being without merit; or

(ii) Direct or conduct further investigation if needed; or

(iii) Refer the matter to the Office of General Counsel for filing and prosecution of a complaint; or

(iv) If investigation discloses a minor ethical violation or instance relatively trivial misconduct or an isolated instance of a minor nature, then the Committee shall be authorized to issue an informal admonition or a private reprimand.

(v) Issue a public reprimand.

(vi) In its discretion, and in addition to any action taken by the Committee on Professional Responsibility under Rule 7(b)(ii),(iii), (iv), or (v) of these Rules, and not withstanding the provisions of Rule 16 of these rules, the Committee on Professional Responsibility may delay final action and refer the attorney to the Lawyers and Judges Assistance Program for, as recommended by the Lawyers and Judges Assistance Program, evaluation, treatment, monitoring, and assistance.

(c) If issued, an informal admonition, a private reprimand, or a public reprimand shall be sent to the subject attorney and a copy shall be sent to the grievant. The subject attorney shall have a right within thirty (30) days after receipt of the informal admonition, private

reprimand, or public reprimand to request in writing that a formal disciplinary proceeding be initiated against the attorney to adjudicate the propriety of the conduct upon which the informal admonition, private reprimand, or public reprimand is based. If such request is timely made, the informal admonition, private reprimand, or public reprimand shall be vacated, and the matter shall be processed by means of a complaint. An informal admonition shall not be used as a substitute for and shall not be considered discipline. However, the fact, nature, and cause of such an informal admonition may be disclosed in any subsequent disciplinary proceedings against the subject attorney.

(d) When a public reprimand becomes final, the Committee on Professional Responsibility shall either:

(i) Direct the attorney to appear before the circuit court of the attorney’s county of residence or county of practice, as specified by the Committee on Professional Responsibility, on the first day of a term convening next after the date the public reprimand becomes final or on some other similar day when a maximum number of the Bar and public are present and shall be read by the senior judge or the senior judge’s designee at the time therein indicated and placed upon the minutes of the court. A Certificate of Compliance with the Public Reprimand shall be returned to the Bar by the subject attorney.

(ii) In its discretion, serve a written reprimand upon the attorney by certified mail.

Upon public appearance or service by mail under this Rule, a copy shall be given to the person filing the grievance, the Executive Director of the Bar, and to the judges of the circuit and chancery districts of the attorney’s county of residence. A public reprimand imposed by the Committee on Professional Responsibility shall be published in the Mississippi Bar Journal.

(e) Referral to the Lawyers and Judges Assistance Program may not be used as a substitute for, and may not be considered, discipline. However, notwithstanding the provisions of Rule 16(b) of these Rules, the Committee on Professional Responsibility, in its discretion, may delay any action under Rule 7(b)(ii), (iii), (iv), or (v) of these Rules provided that an attorney who is referred to the Lawyers and Judges Assistance Program by the Committee on Professional Responsibility complies with all terms and conditions imposed upon the attorney by the Lawyers and Judges Assistance Program. If the attorney violates the terms and conditions imposed by the Lawyers and Judges Assistance Program

upon such attorney, the Lawyers and Judges Assistance Program, shall report such failure to comply with all terms and conditions imposed upon the attorney by the Lawyers and Judges Assistance Program, and upon receipt of such report, the Committee on Professional Responsibility shall take such action under Rule 7(b) of these Rules which the Committee on Professional Responsibility delayed but originally could have taken. In any notification to the grievant of the action or actions taken by the Committee on Professional Responsibility, the Committee, in its discretion, may not include notice of the Committee’s referral of the attorney to the Lawyers and Judges Assistance Program.

Procedure

(7.1) Dismissals. Any grievance dismissed pursuant to Rule 7(b)(i) of these Rules shall be deemed expunged and not considered a charge touching upon the conduct of the attorney. Upon dismissal, the grievant, the subject attorney, and the Office of General Counsel shall be given written notice.

(7.2) Referrals for Additional Investigation. Upon receipt of the Office of General Counsel’s report and any response by the subject attorney, the Committee on Professional Responsibility may refer the matter for additional investigation and report with such instructions as may appear appropriate. The Committee shall periodically fix the costs and expenses incurred as of that date; provided, that no cost shall actually be assessed unless discipline is finally imposed. Upon referral for additional investigation and report, the Office of General Counsel shall have not more than sixty (60) days from and after the date of receipt of the referral directive to conclude the additional investigation and report back to the Committee. The Chair of the Committee on Professional Responsibility may enlarge the time for completion of additional investigation and submission of the report. A copy of the Office of General Counsel’s report and all evidence shall be mailed to the subject attorney who shall have fifteen (15) days to respond, unless such time is enlarged by the Chair of the Committee on Professional Responsibility. The Office of General Counsel’s report and the attorney’s response shall be forwarded to the Committee on Professional Responsibility which shall act upon the matter.

(7.3) Complaints. If, after conclusion of the investigation, the Committee on Professional Responsibility is of the opinion that probable cause exists to believe the subject attorney has engaged in conduct warranting discipline other than that outlined in Rule 7(b) of these Rules, the matter shall be referred to the Office of General Counsel for filing of a complaint for trial

before a Complaint Tribunal. The Office of General Counsel shall file the complaint with the Clerk of the Court. Each complaint filed by the Office of General Counsel shall be styled as “In Re Discipline of” followed by the attorney’s name.