reglab/housing_qa huggingface dataset:
MS Code § 73-3-301 (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|§ 73-3-301. Disciplinary jurisdiction

 Any attorney regularly admitted to practice law in the state of Mississippi or any attorney specially admitted to practice law by a court of this state or any individual admitted to practice as an attorney in any other jurisdiction who regularly engages in the practice of law within this state as house counsel to corporations or other entities, counsel for governmental agencies, out-of-state lawyers admitted or permitted to practice law in this state by comity, bar examination or otherwise are subject to the exclusive and inherent disciplinary jurisdiction of the supreme court of Mississippi and the disciplinary agencies hereinafter established and designated; provided, however, nothing herein contained shall be construed to deny to any other court such powers as are necessary for that court to maintain control over practice in and proceedings conducted before it, such as the power of contempt, nor to prohibit local bar associations from censuring, suspending or expelling their members from membership in such local bar association.
MS Code § 73-3-303 (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|§ 73-3-303. Disciplinary agencies of court

 The jurisdiction of the court shall be administered in the manner hereinafter set out, and the following entities are hereby established and designated as agencies of the court for such purposes:   The Board of Commissioners of the Mississippi Bar, including the Executive Director of the Mississippi Bar and complaint counsel.   The committee on complaints of the Mississippi Bar.   The complaint tribunals appointed by the Supreme Court of Mississippi.
MS Code § 73-3-305 (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|§ 73-3-305. Composition of disciplinary agencies; employment of complaint counsel and other employees

 The composition of the aforesaid disciplinary agencies shall be as follows:   Board of Commissioners. The Board of Commissioners of the Mississippi Bar is provided for in Section 73-3-107, Mississippi Code of 1972. The board shall have the authority to employ and compensate a competent person to serve as complaint counsel, who shall be a member of the bar of this state and who shall serve at the pleasure of the board, either in a full-time or part-time capacity. In addition, the board shall have the authority to employ and compensate such assistants to and staff for the complaint counsel and to employ and compensate such other persons as the board may from time to time deem necessary or advisable to effect the disciplinary procedures set forth herein.   Committee on complaints. The committee on complaints shall be appointed by the President of the Mississippi Bar in the manner provided in its bylaws, but said committee shall consist of at least one (1) member from each of the Supreme Court districts of the state. The chairman and vice chairman of the committee shall be designated by the President of the Mississippi Bar.   Complaint tribunals. Complaint tribunals for each of the Supreme Court districts of the state, consisting of three (3) members who are members of the bar of this state, shall be appointed by the Chief Justice of the Supreme Court to serve on a calendar year basis.
MS Code § 73-3-307 (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|§ 73-3-307. Powers of disciplinary agencies; contempt

 Each of the disciplinary agencies is hereby given such jurisdiction and lawful powers as are necessary to conduct a proper and speedy disposition of any complaint. The power to summons and examine witnesses under oath and to compel their attendance to take or cause to be taken the deposition of witnesses and to order the production of books, papers, records and other documentary evidence necessary or material to the investigation or complaint shall be coequal to the powers exercisable by the courts of record of this state. All summonses or subpoenas shall be issued by the clerk of the court, and it shall be the duty of any person so summoned to appear and testify as in the writ commanded and to produce the books, papers, records or other documentary evidence required. Summonses and subpoenas issued by the clerk of the court shall be delivered to the sheriff of the county where they are to be executed, and the sheriff shall serve such writs and notices, or cause them to be served, as he is required to do with respect to writs received by him from any other court of record.   Any defiance of any summons or subpoena so issued, or other extrajudicial conduct which shall inhibit, impede or disrupt any of the above disciplinary agencies in the performance of the duties and in the exercise of the powers herein given shall be treated as contempt of the court and punishable accordingly.
MS Code § 73-3-309 (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|§ 73-3-309. Committee on complaints; referral of complaints; formal requirement of complaints

 Complaints, irrespective of source, touching upon the professional conduct or conduct evincing unfitness for the practice of law made against attorneys who are members of the bar of this state or who may be temporarily practicing in this state under any rule of comity or courtesy, that may be received by or that may come to the attention of any judicial officer, the board of commissioners or any members of the Mississippi State Bar, shall be referred to the committee on complaints for preliminary investigation and such disposition or further action as may be appropriate. The complaint must be in writing and signed by the person making the complaint or charge and the complaint must be sworn to or supported by affidavit or the signature of the complaining party witnessed by two (2) persons twenty-one (21) years of age or older. Additionally, the complaint shall contain the street address of the complaining party and each witness.
MS Code § 73-3-310 (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|§ 73-3-310. Duty of chancery and circuit courts to file complaints

 The chancery and circuit courts shall have the duty to file a complaint under the terms and provisions as outlined in Section 73-3-309 against any attorney who is a resident of the court's district and who demonstrates conduct evincing unfitness for the practice of law.
MS Code § 73-3-311 (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|§ 73-3-311. Committee on complaints; action to be taken upon receipt of complaint or charge

 When any complaint or charge touching upon the professional conduct or conduct evincing unfitness for the practice of law against any attorney subject to discipline hereunder is received by the committee on complaints, the committee shall, within ten (10) days thereof, take the following action:   Cause the complaint or charge to be filed and docketed with the Executive Director of the Mississippi Bar;   Screen the complaint or charge for merit or the lack thereof, if such determination can be made from the allegations of the complaint and any accompanying documents; and   Dismiss any frivolous or ill-grounded complaint or one obviously without merit; or   Refer the complaint to complaint counsel for further investigation, hearing and report.
MS Code § 73-3-313 (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|§ 73-3-313. Complaint counsel; investigations; notice and hearing to accused attorney

 The complaint counsel shall immediately investigate the complaint; and upon completion of his investigation, excluding the investigatory hearing, he shall inform the accused attorney that a complaint has been filed against him and that he is under investigation, advise the accused attorney of the general nature of the charges, furnish him a copy of the complaint and any evidence supporting it, afford the accused attorney a hearing, and advise the attorney of the time and place of such hearing. Communications and notices to the accused attorney shall be transmitted by registered or certified mail, return receipt requested, and marked "Deliver to Addressee Only.‘
MS Code § 73-3-315 (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|§ 73-3-315. Complaint counsel; rules governing investigatory hearings

 The following rules for investigatory hearings by complaint counsel are for the guidance of complaint counsel and shall be strictly followed:   The complainant is not a party to the proceeding and has no right to be present at any stage thereof.   The accused attorney has no right to be present at any stage of the investigatory hearing, either in person or by counsel, except complaint counsel shall afford him an opportunity to make a statement, either personally or by counsel, verbally or in writing, refuting or admitting the alleged misconduct and to offer any matter in mitigation or extenuation. The accused attorney may document his statement to include the admission of affidavits but shall not have the right to present other testimony or evidence and shall have no right to confrontation.   The investigatory hearing shall neither be public nor assume the character of an adversary proceeding, and a full evidentiary hearing on the merits is not contemplated.   Formal rules of evidence will not be applied.   Investigation by complaint counsel will not be stayed by settlement, compromise, admission of guilt or restitution.   Any attorney called as a witness shall be informed before he gives evidence as to whether he is under investigation and, if so, the nature of the charges against him.   Testimony will not be elicited or received which is not germane to the charges being investigated by complaint counsel.
MS Code § 73-3-317 (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|§ 73-3-317. Complaint counsel; investigatory hearings; report of testimony and findings; response by accused attorney

 Complaint counsel will cause the testimony of any witnesses at an investigatory hearing to be taken and transcribed and shall certify the same to the committee on complaints, along with his written findings, within thirty (30) days from and after the date on which the complaint was received by him, except that, for good cause shown, upon application to the chairman of said committee, complaint counsel may be granted a total of not more than thirty (30) additional days in which to make said certification. A copy of complaint counsel's report shall be sent to the accused attorney by certified mail, and the accused attorney shall have ten (10) days after the receipt by him of complaint counsel's report to file a written response thereto with the committee on complaints. Upon application to the chairman of the said committee, the accused attorney may be granted such additional time as circumstances warrant.
MS Code § 73-3-321 (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|§ 73-3-321. Filing and prosecution of formal complaints; requirements of complaint and other pleadings; service

  All formal complaints shall be filed in the court and shall be prosecuted in the name of the Mississippi Bar. The formal complaint and other pleadings shall comply with the following requirements:   The formal complaint shall be filed with the clerk of the court within thirty (30) days of the receipt by complaint counsel of the written notice from the committee on complaints directing him to file said complaint.   The complaint shall set forth with fair and reasonable certainty the particulars of the offense of which the accused attorney is charged.   All matters of defense or abatement asserted by the accused attorney shall be filed within twenty (20) days after a copy of the complaint is served upon the accused attorney. Provided that upon application to the clerk the accused attorney may be granted such additional time as the circumstances warrant.   The complaint shall be personally served upon the accused attorney by the Executive Director of the Mississippi Bar or by the complaint counsel unless the accused attorney shall waive the same by execution and delivery to the clerk of receipt and waiver of personal service.     The procedure for suspending an attorney from the practice of law for being out of compliance with an order for support, as defined in Section 93-11-153, and the procedure for reinstating an attorney to practice law after suspension for being out of compliance, 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. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case be, shall control.
MS Code § 73-3-323 (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|§ 73-3-323. Complaint tribunal; designation; per diem, mileage and necessary expenses

 Within five (5) days after the formal complaint is filed with the clerk of the court by complaint counsel, the chief justice shall designate a complaint tribunal to conduct a hearing on the formal complaint and to determine the matter; provided, however, the complaint tribunal so designated by the chief justice shall not be composed of members from the same supreme court district as that within which the accused attorney resides. The chief justice shall designate one (1) member of the complaint tribunal to be the presiding judge thereof. Any member of the complaint tribunal who is not an elected judge or chancellor shall be entitled to a per diem as authorized by Section 25-3-69 for each day's service in attending hearings or necessary business of the tribunal and shall receive reimbursement for necessary expenses and mileage as is authorized by Section 25-3-41. Said per diem and expense reimbursement, subject to funds being appropriated therefor, shall be paid from any available funds appropriated to the Supreme Court.
MS Code § 73-3-325 (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|§ 73-3-325. Complaint tribunal; hearing; notice; rules

 Within forty-five (45) days after the designation by the chief justice of the complaint tribunal to hear and determine the formal complaint, the complaint tribunal shall conduct a hearing of the matter at such place and within such hours as determined by the tribunal; provided, however, such hearing shall be held and conducted within the county in which the accused attorney resides and provided further that for good cause shown the complaint tribunal may grant a reasonable continuance or continuances of said hearing. Written notice of the date, time and place of said hearing shall be mailed by the clerk of the court at the direction of the presiding judge of the complaint tribunal to the accused attorney by registered mail, return receipt requested, no less than ten (10) days prior to the commencement of said hearing.   All hearings by a complaint tribunal shall be a full evidentiary hearing, conducted on an adversary basis. The rules of evidence and procedure applicable to and followed by the chancery courts of Mississippi shall apply to such hearings. A duly qualified court reporter shall be in attendance and shall make a full and complete transcript of the proceedings. The hearing by the complaint tribunal shall be closed, unless the accused attorney shall request a public hearing; and the complaint tribunal shall have the right and duty to impose such reasonable restrictions as it may deem necessary or appropriate to insure an orderly expeditious and impartial proceeding.
MS Code § 73-3-327 (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|§ 73-3-327. Complaint tribunal; written opinion; judgment

  At the conclusion of the hearing the complaint tribunal, upon the majority vote of the members of such tribunal, shall render a written opinion incorporating a finding of fact and a judgment thereon. The judgment of the complaint tribunal may provide the following:   Exonerate the accused attorney and dismiss the complaint.   Reprimand and admonish the attorney, as provided in Section 73-3-319(b) of this article.   Suspend the attorney from the practice of law for any period of time.   Permanently disbar the attorney.     In cases in which the Clerk of the Supreme Court has received notice from the division that the attorney is out of compliance with an order for support, as defined in Section 93-11-153, the Supreme Court shall suspend the attorney from the practice of law until such time as the attorney may be reinstated to practice law because of the attorney's compliance with the requirements of Section 93-11-157 or 93-11-163, as the case may be.
MS Code § 73-3-329 (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|§ 73-3-329. Complaint tribunal; appeal from judgment; record on appeal; scope of review; rules of practice

  The entire record of the proceeding of the complaint tribunal shall be filed with the clerk of the court within thirty (30) days after the conclusion of the hearing or within such additional time as the clerk, on motion therefor, may allow.   If no appeal from the judgment of the complaint tribunal is perfected within thirty (30) days from the date of said judgment, the judgment of the complaint tribunal shall be final.   Either the attorney or the Mississippi Bar shall have the right to an appeal to the court, which appeal shall be perfected within thirty (30) days of the date of the judgment of the complaint tribunal by the aggrieved party filing a notice of appeal with the clerk of the court.   The record on appeal shall consist of the formal complaint, all other pleadings, the transcript of the testimony and the written opinion and judgment of the complaint tribunal.   On appeal, the court may review all of the evidence and the law and the findings and conclusions of the complaint tribunal and it may make such findings and conclusions and render such order as it may find to be appropriate based upon the whole record.   The rules of practice and procedure for the filing of briefs and oral arguments governing appeals from the chancery or circuit courts of Mississippi shall apply to and govern appeals from the judgment of the complaint tribunals; provided, however, whenever possible, the court shall advance and expedite the cause on its docket.   Actions taken by the Supreme Court in suspending an attorney from the practice of law when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of the suspension of an attorney from the practice of law that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
MS Code § 73-3-331 (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|§ 73-3-331. Complaint tribunal; effect of judgment of suspension or disbarment; appeal as supersedeas

 Upon a final judgment of suspension or disbarment by a complaint tribunal, the convicted attorney shall not be privileged to practice law within this state unless and until he is restored the privilege of practice as hereinafter provided. Appeal from a judgment by the complaint tribunal shall operate as a supersedeas. An appeal from a judgment of the Supreme Court suspending an attorney from the practice of law when required by Section 93-11-157 or 93-11-163 may operate as a supersedeas only as may be allowed under Section 93-11-157 or 93-11-163, as the case may be.
MS Code § 73-3-333 (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|§ 73-3-333. Resignation by accused attorney during course of disciplinary proceedings; procedure; effect; section provides exclusive method

 At any stage of the disciplinary proceedings an accused attorney who is the subject of investigation may submit his resignation and agree to the entry by the court of a consent order of suspension or dismissal by submitting to the Board of Commissioners an affidavit stating that he desires to resign from the bar and to surrender his privilege to practice law, and that:   His resignation is freely and voluntarily rendered; he is not being subjected to coercion or duress; and he is fully aware of the implications of submitting his resignation.   He is aware that there is pending an investigation into allegations that he has been guilty of unprofessional conduct, the nature of which he shall specifically set forth.   He acknowledges that the material facts upon which the complaint is based are true.   He submits his resignation because he knows that if charges were predicated on the misconduct under investigation, he could not defend himself successfully against them.   Notwithstanding the provisions of Section 73-3-315(e) to the contrary, upon receipt of said affidavit, 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.   Once a complaint has been filed against an attorney, this shall be the exclusive method for resignation pending the investigation and determination of said complaint, and no other resignation procedure will be permitted or recognized by the bar.