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MS Code § 73-3-335 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-335. Modification or termination of suspension

 Any time after the entry of a final judgment of suspension and after the expiration of at least one-fourth (1/4) of the period of the ordered suspension, the convicted attorney may file a petition in the court to modify or terminate said suspension; provided, however, any petition to modify or terminate subsequent to the initial petition shall not be filed within six (6) months from the date of the adverse determination of any prior petition. A filing fee of Two Hundred Fifty Dollars ($250.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of each petition to modify or terminate. A copy of said petition shall be served upon the Mississippi Bar, and it shall be under a duty to investigate the matter, respond to the petition and appear at the hearing. Modification or termination of suspension shall be granted only upon a showing of good cause and exceptional circumstances.   The procedure for reinstating an attorney to practice law after suspension for being out of compliance with an order of support, as defined in Section 93-11-153, and the payment of any fees for reinstating an attorney to practice law after suspension for being out of compliance, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
MS Code § 73-3-337 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-337. Reinstatement

 Upon the termination of the period of suspension, the convicted attorney may be reinstated by the court, pursuant to a petition filed with the court and a copy thereof served upon the Mississippi Bar. A filing fee of Two Hundred Fifty Dollars ($250.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of such petition. The Mississippi Bar shall investigate the matter and report all relevant facts for the consideration of the court.   Any time after the expiration of three (3) years from and after the date of the final judgment of disbarment, the convicted attorney may petition the court for reinstatement. The petition shall be in writing and verified by the petitioner, and it shall set forth the full name, age, residence and mailing address of the petitioner, the offense or misconduct for which he was disbarred, a concise statement of the facts claimed to justify restoration and that he has made full amends and restitution to all persons, firms or legal entities, naming them, who may have suffered pecuniary loss by reason of the misconduct or offense for which he was disbarred. A copy of said petition shall be served on the Mississippi Bar, and a filing fee of Five Hundred Dollars ($500.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of each petition. Any petition for reinstatement subsequent to the initial petition shall not be filed by the convicted attorney within one (1) year from the date of the adverse determination of any prior petition.   The court shall examine the petition and, if satisfied that it states sufficient grounds, shall set the same for hearing and shall cause the clerk of the court to serve each person named in the petition with a copy thereof by sending the same to them by registered mail. If the court deems it necessary or proper to so do, it may cause an investigation to be made by complaint counsel.   If the court is satisfied that all material allegations of the petition for reinstatement are true and that the ends of justice will be served, the court may reinstate the convicted attorney and enter judgment accordingly; provided, however, no judgment of reinstatement shall be entered by default or on an ex parte basis, and in all cases the court shall hear the Mississippi Bar and may hear any party named in the petition.   The procedure for reinstating an attorney to practice law after suspension for being out of compliance with an order of support, as defined in Section 93-11-153, and the payment of any fees for reinstating an attorney to practice law after suspension for being out of compliance, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
MS Code § 73-3-339 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-339. Conviction or entry of plea of nolo contendere for certain offenses

 Whenever any attorney subject to the disciplinary jurisdiction of the court shall be convicted in any state court or in any federal court, or enter a plea of guilty or a plea of nolo contendere therein, of any felony other than manslaughter or any violation of the United States Internal Revenue Code, or of any offense involving fraud, dishonesty, misrepresentation, deceit, failure to account for money or property of a client, or of any offense involving moral turpitude, a certified copy of the judgment of conviction shall be presented to the court by the Board of Commissioners. Upon the presentation of such certified copy of judgment, the court shall forthwith strike the name of the attorney so convicted or who entered such a plea from the rolls of the Mississippi Bar and order his immediate suspension from practice, pending an appeal and final disposition of disciplinary proceedings. Such attorney will be reinstated immediately upon the reversal of his conviction for the offense that has resulted in his automatic suspension, but such reinstatement shall not terminate any disciplinary proceeding then pending against the attorney.   A certified copy of the final judgment of conviction of an attorney for any offense hereinabove specified shall be conclusive evidence of his guilt of that offense in any disciplinary proceeding instituted against him and based on said conviction.   Upon the conviction of an attorney, or the entry by him of a plea of nolo contendere, for the above offenses, excluding manslaughter or any violation of the United States Internal Revenue Code, the Board of Commissioners shall immediately direct complaint counsel to institute a disciplinary proceeding in which the sole issue to be determined will be the extent of the final discipline to be imposed; provided, however, a disciplinary proceeding so instituted shall not be brought to hearing until all appeals from such conviction have been concluded.   The judge of any court within this state in which an attorney has been convicted for any of the above enumerated offenses shall cause to be transmitted to the court and to the Board of Commissioners a certified copy of the judgment of conviction.
MS Code § 73-3-341 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-341. Disbarment or suspension in another jurisdiction

 Whenever any attorney subject to the disciplinary jurisdiction of the court shall be disbarred or suspended from the practice of law in another jurisdiction, such disbarment or suspension shall be grounds for disciplinary action in this state, and certification of such disbarment or suspension by the appropriate authority of such jurisdiction to the Executive Director of the Mississippi Bar shall be conclusive evidence of his guilt of the offense or unprofessional conduct on which said disbarment or suspension was ordered, and it shall not be necessary to prove the grounds of such offense in the disciplinary proceeding in this state. The sole issue to be determined in the disciplinary proceeding in this state shall be the extent of the final discipline to be imposed on said attorney, which may be less or more severe than the discipline imposed by the other jurisdiction.
MS Code § 73-3-343 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-343. Confidentiality of matters under investigation and proceedings; penalties

 All disciplinary agencies of the court, all court reporters, clerks, witnesses and parties are strictly enjoined to keep and maintain confidential all things concerning the matters under investigation and the proceedings thereon; provided, however, all proceedings before any complaint tribunal and in the court may be public if requested by the accused attorney. The complaint tribunal may, however, file with the supreme court an opinion or summary of the findings of fact and conclusions of law without disclosing the identity or residence of the accused, the complaining party or parties, witnesses, or any person, firm or corporation involved. Violation of this section or any part hereof shall be a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not more than thirty (30) days or by both.
MS Code § 73-3-345 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-345. Immunity from civil suit predicated on disciplinary proceedings

 All complaints filed pursuant hereto shall be absolutely privileged, and no lawsuit predicated thereon may be instituted, and each person, firm, association or legal entity filing such a complaint shall be immune from any civil suit predicated thereon. The board of commissioners, the committee on complaints, the executive director, the complaint counsel, the complaint tribunals, and their assistants, staff and employees shall be immune from civil suit for any conduct arising out of the performance of their official duties. Every person shall be immune from civil suit for all of his sworn or written statements made or given in the course of any investigation, investigatory hearing, formal hearing or review proceedings held and conducted under these disciplinary rules.
MS Code § 73-3-347 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-347. Personal incapacity; meaning of term "personally incapable" to practice law

 For the purposes of Sections 73-3-347 through 73-3-365, the term "personally incapable‘ to practice law shall include: (a) suffering from mental or physical illness of such character as to render the person afflicted incapable of managing himself, his affairs or the affairs of others with the integrity and competence requisite for the proper practice of law; or (b) habitual use of alcoholic beverages or liquids of any alcoholic content, hallucinogens, sedatives, drugs, narcotics or other mentally or physically disabling substances of any character whatsoever to any extent which impairs or tends to impair the ability to conduct efficiently and properly the affairs undertaken for a client in the practice of law.
MS Code § 73-3-349 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-349. Personal incapacity; suspension

 Whenever it has been determined that any attorney subject to the disciplinary jurisdiction of the court is personally incapable to practice law, he shall be suspended from the practice of law until reinstated by order of the court.
MS Code § 73-3-351 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-351. Personal incapacity; proceedings; circumstances showing existence of condition

 Proceedings to determine whether an attorney is personally incapable to practice law shall be instituted and conducted in the same manner and upon the same procedure as disciplinary proceedings, except as otherwise set out in Sections 73-3-347 through 73-3-365. In addition to, and without exclusion of, any other circumstances, cause to believe that an attorney may be personally incapable to practice law shall exist whenever information is received that such member (a) has interposed successfully a defense of mental incompetence to secure abatement of, or to defeat an adverse determination in, a disciplinary proceeding brought against him in any tribunal in any jurisdiction, (b) has defended, upon like grounds, a suit brought against him in any tribunal in any jurisdiction, (c) has been judicially declared incompetent, or (d) has been legally committed to an institution for the treatment of mental illness.
MS Code § 73-3-353 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-353. Personal incapacity; representation by counsel; guardian

 In proceedings under Sections 73-3-347 through 73-3-365, the attorney shall be entitled to representation by counsel. An attorney who has been declared mentally incompetent, judicially, or who has been committed, judicially, to an institution for the treatment of the mentally ill shall be defended by his legally appointed guardian or guardian ad litem, if any; if a guardian or guardian ad litem has not been appointed, the chief justice, on certification by the board of commissioners, shall appoint a guardian ad litem. The same procedure shall apply to an attorney who has asserted his incompetence, or whose incompetence to defend becomes apparent during the proceedings. In all cases, counsel previously selected by the attorney will be appointed guardian ad litem, absent clear and compelling reasons to the contrary.
MS Code § 73-3-355 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-355. Personal incapacity; service on attorney who has been committed or declared incompetent

 Service of process or notice to an attorney who has been committed or declared incompetent shall be accomplished in the same manner as that for process of incompetents in proceedings in the chancery courts of Mississippi. After the appointment of a guardian ad litem, notices shall be served upon said guardian ad litem.
MS Code § 73-3-357 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-357. Personal incapacity; sufficiency, as evidence, of court order of incompetence or commitment

 A certified copy of the court order declaring an attorney mentally incompetent, or an order of commitment if he has been committed to an institution for the mentally incompetent, shall constitute sufficient evidence that said attorney is personally incapable to practice law, if such is not successfully rebutted.
MS Code § 73-3-359 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-359. Personal incapacity; mental examination and reports

 In any proceeding where mental incompetency is an issue, the attorney may be required to submit to a mental examination by one or more practicing psychiatrists selected by the board of commissioners or by the complaint tribunal after its designation. Reports of physicians regarding the mental condition of an attorney may be received as probative evidence, if the physicians are available for cross-examination.
MS Code § 73-3-361 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-361. Personal incapacity; judgment of suspension by complaint tribunal

 If, after a full hearing, the complaint tribunal finds the attorney personally incapable to practice law, the complaint tribunal shall enter a judgment formally suspending said attorney from the practice of law until the further order of the court.
MS Code § 73-3-363 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-363. Personal incapacity; appeal procedures

 Procedures for the filing of the record and appeal from the judgment of the complaint tribunal shall be the same as the appeal procedures from a judgment of suspension or disbarment upon disciplinary grounds.
MS Code § 73-3-365 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-365. Personal incapacity; reinstatement procedures

 Procedures for reinstatement of an attorney suspended because of personal incapacity to practice law shall be, insofar as is applicable, the same as the procedure for reinstatement of an attorney following suspension upon disciplinary grounds. The petition for reinstatement shall be filed with the clerk of the court, and a copy of said petition shall be served upon the Mississippi Bar, and it shall be under a duty to investigate the matter, respond to the petition and appear at the hearing. The petitioner shall be required to supply such supporting proof of personal capacity as may be necessary and, in addition, the attorney may be required to submit to examinations by physicians or psychiatrists selected by the court. If the court is satisfied that the attorney has regained his capacity to practice law, the court may reinstate the petitioner to the practice of law and enter judgment accordingly; provided, however, no judgment of reinstatement shall be entered by default or on an ex parte basis, and in all cases the court shall hear the Mississippi Bar. A filing fee of One Hundred Fifty Dollars ($150.00) to defray the expense of investigating the matter shall be paid the Mississippi Bar upon the filing of each petition for reinstatement, and any petition for reinstatement subsequent to the initial petition shall not be filed within six (6) months from the date of an adverse determination of any prior petition.
MS Code § 73-3-367 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-367. Disciplinary agencies; authority to incur expenses

 All disciplinary agencies of the court are hereby authorized to incur reasonable and necessary expenses in connection with the investigation and disposition of charges and complaints.
MS Code § 73-3-369 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-369. Jurisdiction over nonresident attorneys; notice; service

 The acceptance by a nonresident attorney of the rights and privileges of the practice of law within this state, as evidenced by his practice of law in this state, shall be deemed equivalent to an appointment by such nonresident attorney of the Executive Director of the Mississippi Bar to be his true and lawful attorney, upon whom may be served all process summons or notice of any and all proceedings against him instituted pursuant to and conducted under these rules of disciplinary procedure; and the acceptance of such rights and privileges and the practice of law by any such nonresident attorney in this state shall be a signification of his agreement that any such process, summons or notice against him which is so served shall be of the same legal force and validity as if served on him personally.   Notice of the service of such process, summons or notice, together with a copy of any complaint or charge, shall be mailed forthwith by the executive director by United States certified mail or registered mail, return receipt requested, restricted for delivery to addressee only, and with postage prepaid, to such nonresident attorney at his last known address.   When such process, summons or notice is served as herein provided it shall be deemed sufficient to give the court, and its disciplinary agencies provided for herein jurisdiction over said nonresident attorney for the purpose of investigating and finally determining any complaint or charge touching upon the professional conduct or conduct evincing unfitness for the practice of law or the personal incapacity to practice law of any such nonresident attorney.
MS Code § 73-3-371 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-371. Plea of nolo contendere; consent order of suspension or disbarment

 At any stage of the disciplinary proceedings, the board of commissioners may, in the exercise of its sole discretion, accept a plea of nolo contendere from the accused attorney and agree to the entry by the court of a consent order of suspension or disbarment of the accused attorney.   Notwithstanding the provisions of Section 73-3-315(e) to the contrary, upon the acceptance of a plea of nolo contendere the investigation or disciplinary procedure shall terminate, and the board of commissioners will present to the court an agreed order to be entered by the court either suspending or disbarring said attorney by consent, as the particular circumstances of the matter may require in the discretion of the board of commissioners. Said order shall be a public record, and certified copies thereof shall be mailed to the judges of the circuit and chancery court districts within which the attorney resides.   For the purpose of determining the discipline to be imposed on the accused attorney, the board of commissioners shall consider a plea of nolo contendere as tantamount to proof of guilt of the offense or unprofessional conduct or personal disability to practice law on which said disciplinary proceeding was grounded.
MS Code § 73-3-373 (2020)
2020 Mississippi Code|Title 73 - Professions and Vocations|Chapter 3 - Attorneys at Law|Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law|§ 73-3-373. Recognition of inherent power of judicial branch of government

 This article shall not be construed to modify or restrict the inherent right of the courts of record of the State of Mississippi to supervise the bar as an incident to their power to admit attorneys to practice and to the fulfillment of their responsibility for the proper administration of justice, it being here declared that it is an inherent power of the judicial branch of government ultimately to determine the qualifications of those to be admitted to practice in its court, for assisting in its work, and to protect itself and the citizenry of this state in this respect from the unfit, those lacking in sufficient learning and those not possessing good moral character. Any disciplinary proceeding in which the Mississippi Bar is a complaining party shall be conducted in accordance with the remaining sections of this article.