The Mississippi Bar v. Warner Hodges, III

Summary

The Supreme Court of Mississippi applies reciprocal-discipline rules to an attorney suspended in Tennessee for violating professional-conduct rules and a monitoring agreement. The court imposes a one-year Mississippi suspension retroactive to July 11, 2005, requires continued compliance with Tennessee’s monitoring program, and orders compliance with notice, affidavit, reinstatement, and cost requirements.

Holdings

1. Under Mississippi Rule of Discipline 13, disciplinary sanctions imposed in another jurisdiction constitute grounds for disciplinary action in Mississippi, the sister-state sanction is conclusive proof of guilt, and the sole issue in the Mississippi proceeding is the extent of the final discipline to impose.
2. Mississippi discipline generally mirrors the sanction imposed by the sister jurisdiction, but the Mississippi Supreme Court may impose a more or less severe sanction when the circumstances warrant.
3. Hodges's Mississippi license is suspended for one year retroactive to July 11, 2005, with continued compliance with the Tennessee monitoring agreement, required notices or affidavit, payment of costs, and additional proof of monitoring compliance if he seeks reinstatement.

Questions Presented

1. What discipline should Mississippi impose after an attorney has been disciplined in another jurisdiction?
2. Whether the Mississippi suspension should mirror the Tennessee one-year suspension or be imposed prospectively for a different period in light of the mitigating and unusual circumstances.

Disposition

other