GIBSON v. MISSISSIPPI STATE BAR

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Docket Number

No. CM-180(R1).

Attorney(S)

William Lowe Waller, Jr., Waller Waller, Jackson, Lawrence Chandler, Calhoun City, for appellant. Michael B. Martz, Jackson, for appellee.

Judges

ANDERSON, Justice, for the Court:

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Smart Summary

Factual and Procedural Background

Billy R. Gibson was suspended from the practice of law on July 12, 1985, for six months and subsequently placed on disability inactive status due to mental illness and excessive alcohol consumption. The Tribunal found that Gibson engaged in illegal conduct involving moral turpitude, dishonesty, fraud, deceit, and misrepresentation; withdrew from employment without proper notice; guaranteed financial assistance improperly; failed to carry out a contract of employment; and violated his attorney’s oath by failing to act with fidelity toward his client.

Gibson and the Calhoun County Bar Association petitioned the Supreme Court of Mississippi for his reinstatement as an attorney in good standing pursuant to Rule 25 and Rule 12.4 of the Rules of Discipline of the Mississippi State Bar and relevant Mississippi Code sections. The Supreme Court retains authority to reinstate a disbarred attorney upon conditions, as established in Phillips v. Mississippi State Bar, 427 So.2d 1380 (Miss. 1983).

Gibson alleges that his manic depressive disorder is treatable, that he is receiving competent care, and that he has fully recovered. He submitted letters of recommendation and biographical data in support of his petition. The Mississippi State Bar agreed with the facts of suspension and disability status but denied sufficient knowledge of Gibson’s rehabilitation and requested appointment of a Master Tribunal to consider reinstatement.

The Court referred to Rule 12 of the Rules of Discipline, which governs reinstatement procedures, including investigation by the Board of Bar Commissioners and discretionary authority of the Court to grant or deny reinstatement. Rule 12.5 provides that the petitioner may be required to pass the Multi-State Professional Responsibility Exam as a condition of reinstatement.

The Court ordered that a Tribunal be convened to hold a hearing on Gibson’s petition, following Rule 8 procedures as applicable, except treating the matter as a reinstatement petition rather than a suspension or disbarment proceeding. Gibson is required to waive his medical privilege. The Tribunal is to report findings of fact and recommendations to the Court for final consideration.

Legal Issues Presented

Whether Billy R. Gibson should be reinstated as an attorney in good standing with the Mississippi State Bar following suspension and transfer to disability inactive status.
Whether Gibson has sufficiently rehabilitated, including recovery from mental illness, to justify reinstatement.
The procedural requirements and standards governing reinstatement petitions under the Rules of Discipline of the Mississippi State Bar.

Arguments of the Parties

Petitioner (Billy R. Gibson and Calhoun County Bar Association)

Gibson’s manic depressive disorder is treatable and he is now under competent medical care.
He has effectuated a complete recovery from his mental health and related problems.
Submitted letters of recommendation and biographical data supporting his rehabilitation and fitness to resume practice.

Respondent (Mississippi State Bar)

Agreed with the factual basis of Gibson’s suspension and disability inactive status.
Denied sufficient knowledge or evidence of Gibson’s rehabilitation.
Suggested affirmative matters and requested appointment of a Master Tribunal to hear and consider reinstatement issues.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Phillips v. Mississippi State Bar, 427 So.2d 1380 (Miss. 1983)	Authority of the Supreme Court to reinstate a disbarred attorney upon conditions.	Established that the Court holds exclusive authority to reinstate attorneys and that reinstatement is conditioned on compliance with Rules of Discipline and demonstration of rehabilitation.

Court's Reasoning and Analysis

The Court recognized that under Rule 25 and Rule 12.4 of the Rules of Discipline, and pertinent Mississippi Code provisions, it possesses exclusive authority to reinstate a disbarred attorney upon appropriate conditions. Given Gibson’s suspension, transfer to disability inactive status, and allegations of rehabilitation, the Court found it necessary to conduct a thorough inquiry into his current fitness to practice law.

The Court noted the procedural framework established in Rule 12, which requires investigation by the Board of Bar Commissioners and authorizes the Court to grant or deny reinstatement based on circumstances and justice. It also acknowledged Rule 12.5, which allows for requiring the petitioner to pass the Multi-State Professional Responsibility Exam if deemed necessary.

Because the State Bar denied sufficient knowledge of Gibson’s rehabilitation and sought further evidentiary hearing, the Court ordered the appointment of a Tribunal to conduct a hearing consistent with Rule 8 procedures, adapted for reinstatement rather than disciplinary suspension or disbarment. The petitioner must waive medical privilege to facilitate a full and fair evaluation. The Tribunal is to submit findings and recommendations to the Court for final determination.

Holding and Implications

The petition for reinstatement is remanded to a Tribunal for proceedings consistent with the Court’s opinion.

The Court did not grant or deny reinstatement at this stage but mandated further fact-finding through a Tribunal hearing. This decision directs the procedural path forward without setting new precedent beyond reaffirming the Court’s authority and procedural requirements for reinstatement petitions. The direct effect is to require a formal evidentiary hearing before the Court considers final disposition of Gibson’s reinstatement petition.

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Billy R. GIBSON v. MISSISSIPPI STATE BAR.

ANDERSON, Justice, for the Court:

Billy R. Gibson and the Calhoun County Bar Association, petitioners, seek the reinstatement of Billy R. Gibson as an attorney in good standing in the Mississippi State Bar pursuant to Rule 25 and Rule 12.4 of the Rules of Discipline of the Mississippi State Bar and applicable sections of the Mississippi Code. Such authority to reinstate a disbarred attorney upon conditions rests in this Court. Phillips v. Mississippi State Bar, 427 So.2d 1380 (Miss. 1983).

Gibson was suspended from the practice of law on July 12, 1985, for six months, and then transferred to disability inactive status due to a mental illness and excessive consumption of alcoholic beverages. The Tribunal found that Gibson:

1. engaged in illegal conduct involving moral turpitude, dishonesty, fraud, deceit and misrepresentation, conduct prejudicial to the administration of justice, and conduct adversely reflecting on his fitness to practice law;

2. withdrew from employment without notifying or taking the necessary steps to avoid prejudice to his client;

3. guaranteed financial assistance for expenses not payable by the client;

5. failed to carry out a contract of employment; and

6. violated his oath as an attorney by failing to demean himself with all good fidelity to his client.

II.

Gibson alleges: (1) that his manic depressive disorder is treatable; and (2) he now is receiving competent care and has effectuated a complete recovery from his problems. Letters of recommendations from his ex-wife, physicians, friends and attorneys, and a biographical data are attached to Gibson's petition.

III.

An answer was filed by legal counsel for the Mississippi State Bar agreeing in the correctness of the facts of Gibson's suspension and subsequent transfer to disability, inactive status; but asserting that it lacked sufficient information to admit or deny the allegations of his rehabilitation, and therefore denying the same, the State Bar suggested certain affirmative matters and requested the appointment of a Master Tribunal to hear and consider the issues of reinstatement.

IV.

Rule 12 of the Rules of Discipline for the Mississippi State Bar adopted September 7, 1983, effective from and after January 1, 1984, controls the procedure of this request. Rule 12 provides,, in pertinent part, as follows:

(12.8) Board of Bar Commissioners. Upon receipt of the reinstatement petition, the (Mississippi Supreme) Court shall allow the Board of Bar Commissioners a reasonable time to conduct an investigation and answer the petition. After filing of pleadings or notice on behalf of the Bar, the proceeding shall continue, if necessary or desirable, as the (Mississippi Supreme) Court may direct and the (Mississippi Supreme) Court, in its discretion, may grant or deny the petition as circumstances and justice require.

(12.9) Matters of public record. All petitions for reinstatement shall be matters of public record, Rule 15 notwithstanding.

Rule 12.5 of the Rules of Discipline provides that:

Examination Requirements. Subsequent to the time of eligibility for reinstatement, the petitioning attorney shall take the Multi-State Professional Responsibility Exam, as prepared by the National Conference of Bar Examiners, and achieve a scaled score of not less than 80, if the Complaint Tribunal determines, on a case by case basis, that good cause exists to require the applicant for reinstatement to take such test.

This Court, therefore, determines that a Tribunal be convened to conduct a hearing on this petition filed by Billy R. Gibson and joined by the Calhoun County Bar Association. The Tribunal shall follow procedures, powers and duties of Rule 8 of the Rules of Discipline when applicable, with the exception that the petition for reinstatement and its request for relief be considered as such rather than the suspension or disbarment of an attorney. The petitioner is further required to waive his medical privilege. At the conclusion of the hearing the Tribunal shall advise this Court incorporating a finding of fact and its recommendation for the court's final consideration.

PETITION FOR REINSTATEMENT REMANDED TO TRIBUNAL FOR PROCEEDINGS CONSISTENT WITH THIS OPINION.

ROY NOBLE LEE, C.J., HAWKINS and DAN M. LEE, P.JJ., and ROBERTSON, PRATHER, SULLIVAN, GRIFFIN and ZUCCARO, JJ., concur.