Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 3 - ATTORNEYS AT LAW (§§ 73-3-1 — 73-3-403) › Article 1 - ADMISSION AND CONDUCT OF ATTORNEYS (§§ 73-3-1 — 73-3-61) › Section 73-3-39 - Attorneys of other states may appear and plead in special causes; conditions and limitations

(1)
It is hereby declared to be the public policy of the State of Mississippi that the practice of law before any court or administrative agency is a matter of privilege and not a matter of right.
(2)
Subject to the conditions, rules and regulations adopted by the Supreme Court of Mississippi, any attorney or counselor at law of another state, in good professional standing, of good moral character and who is familiar with the ethics, principles, practices, customs and usages of the legal profession in the State of Mississippi may appear and plead in any special cause before any court or administrative agency in this state; provided, however, that in so appearing such attorney or counselor at law shall subject himself to the jurisdiction of the State Board of Bar Admissions and shall consent to the application of the provisions of this article.
(3)
Upon petition of two (2) members in good standing of the bar of any county of the State of Mississippi, not members of the same firm, representing that any attorney or counselor at law of another state is appearing in any cause before any court or administrative agency of this state and raising the question of the qualifications of such attorney or counselor at law as set out in subsection (2) of this section or compliance by such attorney with the conditions, rules and regulations adopted by the Supreme Court of Mississippi, the State Board of Bar Admissions shall, or upon its own initiative may, make inquiry as to the professional standing, moral character, familiarity with the ethics, principles, practices, customs and usages of the legal profession in the State of Mississippi of any such attorney or counselor at law of another state and shall inquire as to such attorney's professional standing with his local bar and into the question of whether or not such attorney is familiar with and willing to abide by the ethics, principles, practices, customs and usages of the legal profession in the State of Mississippi.
(4)
In conducting the inquiry referred to in the preceding subsection, the State Board of Bar Admissions shall have authority to require the appearance of the attorney or counselor at law involved before it and shall have the power to subpoena witnesses and require the production of evidence, oral and documentary, and issue appropriate process therefor, and to do any and all other things which may be required to determine fully and completely the facts as issued before it. After such hearing the State Board of Bar Admissions shall make such determination as, in its opinion and sound discretion, is justified from the evidence before it and may permit or refuse to permit the said attorney or counselor at law to continue to appear and plead in such special cause.
(5)
The action or decision of the Board of Bar Admissions in administering this section is hereby declared to be a judicial function and not administrative in character, and appeals from the decision of said board may be taken in accordance with the provisions of Section
11-51-75
, Mississippi Code of 1972.
(6)
Any attorney or counselor at law who wilfully makes any false or misleading statement to said board touching upon the matters under inquiry shall be guilty of perjury, shall be punished according to law upon conviction thereof, and the judgment of the court imposing such punishment shall, in addition, provide that such attorney or counselor at law shall be perpetually barred from practice before any court or administrative agency of this state.
(7)
Any such attorney or counselor at law of another state who shall appear or plead in any court or administrative agency in this state after his qualifications shall have been called into question by the petition hereinbefore mentioned or by the State Board of Bar Admissions acting upon its own initiative and before having obtained an order from the said State Board of Bar Admissions authorizing his appearance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail for not more than six (6) months, or both such fine and imprisonment.
Codes, Hutchinson's 1848, ch. 26, art. 7; 1857, ch. 9, art. 5; 1871, § 2248; 1880, § 2399; 1892, § 211; 1906, § 217; Hemingway's 1917, § 191; 1930, § 3694; 1942, § 8666; Laws, 1956, ch. 255, §§ 1-9; reenacted and amended, Laws, 1983, ch. 457, § 6; Laws, 1991, ch. 560, § 6; reenacted without change, Laws, 1999, ch. 372, § 7; reenacted without change, Laws, 2003, ch. 524, § 6; reenacted without change, Laws, 2006, ch. 471, § 6, eff. 7/1/2006.