Rule VIII Committee on Character and Fitness. 1. Appointment -- Term of Office

Section 1. Appointment -- Term of Office.

There is hereby created a committee to be known as the "Committee on Character and Fitness” which shall be appointed by the Board. Members of the Committee shall be members in good standing of the Mississippi Bar. At least three (3) members shall be appointed from each of the Supreme Court Districts, provided, however, that the Board in its discretion may appoint more than three (3) members from any Supreme Court District. Members shall serve for terms of three (3) years provided that initial appointments shall be made for terms of one (1), two (2), or three (3) years so that expiration of terms shall thereafter be staggered. Vacancies during a term shall be filled by the Board for the remainder of the unexpired term.

Section 2. Officers. The Board shall designate a Chairman and Vice-Chairman of the Committee on Character and Fitness. The Chairman shall serve as an ex officio non-voting member of the Board. The Chairman shall be responsible for the overall operation and coordination of the Committee's work. The Chairman shall be responsible for calling and presiding over meetings of the Committee. The Chairman of the Committee, or in his absence the Vice-Chairman, shall certify all recommendations concerning applicants to the Board. The Bar Admissions Administrator or other designated employee of the Board of Bar Admissions shall serve as Secretary to the Committee on Character and Fitness.

Section 3. Division Into Subcommittees. The Committee shall act on individual applicants through subcommittees consisting of the members from any one Supreme Court District. Such a Subcommittee shall have all the rights, powers and obligations of the entire Committee. The Board shall select one of the Committee members from each District as Subcommittee Chairman who shall be responsible for receiving referrals of applicants from the Bar Admissions Administrator, for calling and presiding over meetings of the Subcommittee and for reporting the recommendations of the Subcommittee to the Chairman of the full Committee, who shall certify the recommendations of the Subcommittee to the Board, as the recommendation of the full Committee, unless in the Chairman's opinion special circumstances require that the recommendation of the Subcommittee be reconsidered by the full Committee.

Section 4. Referral of Applications. Law student registration applications (as provided in RULE III), applications for admission by examination (as provided in RULE IV), applications for admission by comity and reciprocity (as provided in RULE VI), together with any other materials relevant to the application, shall be referred to the subcommittee of the Committee on Character and Fitness for the Supreme Court

District in which the applicant resides. In the case of non-residents, applications will be divided among the subcommittees. The application shall be referred as soon as practicable after all required materials are filed with the Bar Admissions Administrator. The Bar Admissions Administrator may, in his discretion, also send additional copies of the application to the subcommittee for any other District with which the applicant appears to have substantial contacts. A list of all applicants regardless of District of residence shall be simultaneously circulated to all members of the full Committee, and the Committee members from other Districts having information relevant to the applicant's character and fitness shall provide such information, as soon as practicable, to the Chairman of the subcommittee to which the application has been referred.

Section 5. Duties and Powers. A. Investigation. The Committee on Character and Fitness, or its subcommittees, shall consider applications at such time and place and in such manner as it may elect, and may require the personal presence of any applicant at such time and place as the Committee may prescribe for interview and examination touching on his character and fitness. The Committee may also propound written interrogatories, requests for admissions and requests for production of documents to be answered by applicant under oath within thirty (30) days of service thereof. The Committee may take evidence under oath before a court reporter or notary public and shall have the power to compel attendance of witnesses and the production of documents by the filing of a praecipe for a subpoena with the Clerk of the Supreme Court. The committee shall also have the power to receive information touching on the character and fitness of any applicant from any source deemed relevant and reliable by the Committee and to give such information the weight and credibility which the Committee deems proper. B. Meetings and Votes. The Committee, or the subcommittees thereof, shall act upon each application at a special or regular meeting at which a quorum is present. A quorum for a meeting of the Committee shall be five (5) members. A quorum for a meeting of a subcommittee shall be three (3) members. Action on any matter may be taken by a majority vote of a quorum. However, the members of the Committee or of a subcommittee may separately and without assembling in meeting consider any application together with the data submitted in support of such application by written or oral poll conducted by the Chairman. Any unanimous action of the Committee or subcommittee, so taken, shall constitute valid action, but if such is not unanimous, the Committee, or subcommittee shall further consider and act upon such application in meeting assembled.

C. Special Counsel. In cases where the Committee, or subcommittee thereof, deems a formal hearing to be necessary, the Committee, or subcommittee, may appoint an attorney to appear on a voluntary basis as Special Counsel for the purpose of preparing and presenting evidence concerning applicant's character and fitness. Such counsel shall be an attorney in good standing with the Mississippi State Bar Association and shall have no conflict of interest in

regard to application under consideration. D. Procedure at Formal Hearings. During formal hearings before the Committee, or its subcommittees, an applicant shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any matter relevant to the issues, even if not covered in direct examination, to impeach the credibility of any witness regardless of by whom called and to rebut the evidence against him. The applicant may be called and examined as if under cross-examination whether or not he testifies on his own behalf. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient standing alone to support a finding unless it would be admissible over objection in civil actions. Except as required to be waived under other provisions of these Rules, the rules of privilege shall be effective to the extent that they are required by civil rules to be recognized. Irrelevant and unduly repetitious evidence shall be excluded. Hearings shall be private unless the applicant shall request that they be public. A complete stenographic record of the hearing shall be kept, and a typescript may be ordered by the applicant at his or her own expense. E. Reports. The Committee shall report to the Board its recommendations as to approval or disapproval of each law student registrant and each applicant for admission by examination. Recommendations shall be filed with the Board as soon as reasonably practical after the completed application is referred to the Committee, provided that the Committee shall file with the Board not later than thirty (30) days before the examination at which the applicant purposes to sit, a recommendation with respect to each applicant who has filed a timely Application for Admission for that examination. If the Committee has not been able to complete its investigation of an applicant before thirty (30) days prior to the examination, the Committee shall so report to the Board along with the status of the case and a recommendation as to whether the applicant should be allowed to take the examination pending the outcome of the investigation.

Section 6. Standards for Disqualification of Applicant. The Committee shall recommend that the applicant not be admitted to practice law in Mississippi if, in the judgment of the Committee, the applicant has exhibited conduct substantially evidencing an inclination: A. To be dishonest; B. To take unfair advantage of others; C. To be disloyal to those to whom loyalty is legally owed; D. To be irresponsible in business or professional matters; E. To support or advocate the overthrow of the government of the United States by force;

F. To unlawfully engage in the practice of law while not being so licensed;

G. To violate reasonable rules of conduct governing any activity in which applicant has been engaged; H. To fail to exercise substantial self-control, including excessive and continuing violation of traffic rules, the improper use of drugs, and the excessive use of alcohol; I. To be mentally or emotionally unstable to the extent that applicant is not suited for the practice of law. Every person who has been or shall hereafter be convicted of a felony, in a court of this or any state or a court of the United States, manslaughter or a violation of the Internal Revenue Code excepted, shall be incapable of obtaining a license to practice law. Conviction for manslaughter or a felony violation of the Internal Revenue Code or commission of acts constituting felonious conduct not resulting in a conviction or the conviction of a misdemeanor involving moral turpitude may constitute grounds for denial of an application for admission to practice. The commission of acts while a juvenile which, if done by an adult, would be the equivalent of such crimes shall be grounds for recommending that applicant be denied the right to practice law, unless special circumstances in the opinion of the Committee excuse the applicant. A final decision having the legal effect of acquitting an applicant of an alleged offense shall not affect the right of the Committee to consider the alleged conduct, unless the decision is directly on the merits and necessarily negates any immoral or unethical conduct. The doing of any act which would be a crime except as excused by mental condition may be considered as a ground for recommending denial of the application. Provocation, if established to the satisfaction of the Committee, may be considered as excusing some types of improper conduct, such as minor batteries and other actions indicating a temporary loss of self-control. Any conduct of a kind which has been considered by the Supreme Court of Mississippi as ground for suspension or revocation of the right to practice law may be considered as sufficient to recommend denial of an application for admission. If an applicant has at any time committed acts or offenses not constituting a felony or misdemeanor, which would have been grounds for disbarment of a practicing attorney, such applicant shall be required to meet the same standards as a disbarred attorney would be required to meet for readmission in order for the Committee to make a favorable recommendation.

The Committee shall consider whether or not the past conduct of the applicant is likely to be repeated in the future and whether the applicant's past conduct evidences applicant's character and fitness to practice law. If applicant is found to have engaged in conduct which at that time would have constituted grounds for an unfavorable recommendation, then applicant must affirmatively show that his character has been rehabilitated and that such inclination or

instability is unlikely to recur in the future. The mere fact that there has been no repeat of any such conduct or other conduct evidencing unfitness to practice law shall not in and of itself be sufficient to constitute rehabilitation or proof of good character.

The following conduct, while not proper, will not in and of itself be considered as indicating a lack of moral or ethical qualification:

1. Traffic violations unless involving substantial disregard of the rights of others or evidencing substantial or continuing lack of self-discipline;

2. Conduct involving domestic relations unless under circumstances indicating violation of criminal law or disregard of moral obligations under circumstances where no reasonable provocation exists;

3. Conduct in the nature of horseplay;

4. Misconduct remote in time unless felonious in nature or recently repeated in similar acts.

Section 7. Burden of Establishing Character and Fitness.

The burden is on the applicant to establish to the reasonable satisfaction of a majority of the Committee that he possesses such character and qualifications as to justify his admission to the Bar and qualify him to perform the duties of an attorney and counselor at law.

Section 8. Recommendations on Character and Fitness.

A. Form of Favorable Recommendations. The Chairman of the Committee shall certify to the Board the name of each applicant whose application has been approved by the Committee on Character and Fitness. The Chairman of the Committee shall simultaneously therewith return to the Bar Admissions Administrator all materials relating to the application.

B. Form of Unfavorable Recommendations. In the case of an application which the Committee disapproves for admission to the Bar, the Chairman shall file with the Board a complete report setting forth the grounds and evidentiary basis for disapproval and attaching thereto all materials relating to the application. C. Board Action. The Board, after receiving the recommendations of the Committee on Character and Fitness, shall enter an order approving or denying the application. In making its decision, the Board may make such additional investigation as it deems appropriate. The Bar Admissions Administrator shall notify the applicant of the Board's decision. Denial of an application for registration as a law student shall constitute notice to the applicant that any

subsequent application for admission will be denied by the Board on the same grounds.

Section 9. Review of Adverse Determination on Character and Fitness. An applicant may request a review of the decision of the Board denying his application for admission to the Bar by filing a written petition with the Bar Admissions Administrator within ten

(10) days after applicant has been notified of the adverse action of the Board. Such review shall be heard at the next regular, adjourned or special meeting of the Board held after the request for review has been filed, at which meeting the applicant may appear personally. The applicant shall be provided with a copy of the Committee's report. The applicant may file a statement, memorandum or other writing with the Board at least ten (10) days prior to the review hearing, setting forth the grounds on which the applicant seeks review and the reasons why the Board's decision should be reversed. At a review hearing, the burden shall be upon the applicant to show that the Board's denial of his application was in error. Review shall be made upon the records previously developed by the Committee on Character and Fitness. At the review hearing, the record may not be supplemented by additional evidence from the applicant or other sources. If the Board finds that further evidence should be considered, it shall remand the application to the Committee for further proceedings. Upon completion of review, the Board shall enter a final order affirming or reversing its previous action. During the pendency of review or appeal proceedings, the applicant shall not take the bar examination pending a final decision on his character and fitness.

Section 10. Appeal From Final Decision of Board. An applicant whose petition for review of an adverse determination on his character and fitness has been unsuccessful and denial of the application affirmed by the Board shall have the right to appeal from the final decision of the Board to the Chancery Court of Hinds County within thirty (30) days of entry of such order of denial. The Board's decision may be reversed by the Chancery Court only if the applicant proves by a preponderance of the evidence in the record before the Board that denial of his application was arbitrary, capricious, or malicious. An appeal may be taken from the decision of the Chancery Court to the Supreme Court of Mississippi in accordance with the Mississippi Supreme Court Rules.

Section 11. Compensation and Expenses. The members of the Committee on Character and Fitness shall receive the same compensation as established by the Supreme Court for members of the Board of Bar Admission, plus all reasonable and necessary travel expenses incurred in the performance of their duties under

the provisions of these Rules.

Section 12. Immunity. The sworn testimony of a witness subpoenaed under these Rules or otherwise received by the Board or Committee shall be deemed testimony received in a judicial proceeding. In any action for defamation arising out of such sworn testimony, the witness shall be entitled to the defense of privilege to the same extent available to witnesses in judicial proceedings. Board and Committee members, Special Counsel, and employees and agents of the Board and Committee shall be immune from civil suit from any conduct arising out of the performance of their official duties.