Mississippi Bar v. Collins
119 So. 3d 1039
Miss.2013Background
- Bar filed Formal Complaint in 2012 seeking disbarment for Collins’s 1989 aggravated‑assault felony conviction.
- Collins admitted the conviction but argued disbarment was improper and that his license was on inactive status at the time.
- Collins was reinstated to active status in 2000 and has since held leadership and practice roles.
- Rule 6 provides automatic disbarment after conviction when appeal rights lapse, subject to recusal in appropriate circumstances.
- Court conducted de novo review, acknowledged exclusive jurisdiction over discipline matters, and declined to disbar Collins as a harsh punishment inconsistent with the purposes of the Rules of Discipline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether automatic disbarment applies after long passage of time | Bar asserts Rule 6(d) automatic disbarment upon finality of conviction | Collins maintains discretion should temper punishment given time and reinstatement | Disbarment denied; automatic disbarment not enforced under these facts |
| Whether disbarring after 24 years serves disciplinary purposes | Discipline should protect public and deter misconduct | Harshness of punishment outweighs benefits given maturation and time since incident | Disbarment inappropriate; not consistent with disciplinary goals |
| Whether Bar proved ongoing misconduct or misrepresentation in reinstatement | Bar would rely on past conviction; no misconduct since reinstatement | Collins truthful in reinstatement application; no evidence of misrepresentation | Bar failed to demonstrate misconduct or misrepresentation; no grounds for disbarment |
Key Cases Cited
- Broome v. Mississippi Bar, 603 So.2d 349 (Miss. 1992) (exclusive and inherent jurisdiction over discipline matters; automatic reinstatement issue noted)
- Mississippi Bar v. Shelton, 855 So.2d 444 (Miss. 2003) (reinstatement and discipline principles cited in Mississippi Bar matters)
- Miss. State Bar v. A Miss. Attorney, 489 So.2d 1081 (Miss. 1986) (discipline standards and outcomes cited in analysis)
