In Re: Rules of Discipline for the Mississippi Bar

Serial: 262909 IN THE SUPREME COURT OF MISSISSIPPI No. 89-R-99010-SCT FILED RE: RULES OF DISCIPLINE FOR THE JUN 10 2026 MISSISSIPPI BAR OFFICE OF THE CLERK SUPREME COURT COURT OF APPEALS EN BANC ORDER Before the Court is the Amended Petition to Amend Certain Rules of the Rules of Discipline for the Mississippi State Bar. After due consideration, the Court finds the petition should be granted as set forth in Exhibit A. ITIS, THEREFORE, ORDERED that the Amended Petition to Amend Certain Rules of the Rules of Discipline is hereby granted as set forth in Exhibit A. The amendments are effective on July 1, 2026. The petition is hereby closed. IT IS, FURTHER, ORDERED that the Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true and certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). KM I SO ORDERED, this the | 0) day of June, 2026. \ \_LESWIE D. KING, PRESIDING SSTICE ALL JUSTICES AGREE TO GRANT. EXHIBIT A RULES OF DISCIPLINE FOR THE MISSISSIPPI STATE BAR Effective January 1, 1984 PART ONE. RULES OF DISCIPLINE GROUNDS FOR DISCIPLINE The license to practice law in this state is a continuing proclamation by the Supreme Court of Mississippi (the Court) that the holder is fit to be entrusted with professional and judicial matters, and to aid in the administration of justice as an attorney and as an officer of the Court. It is the duty of every recipient of that privilege to engage in conduct, both professionally and personally, in conformity with the standards imposed upon members of The Mississippi Bar (the Bar) as a condition for the privilege of practicing law. Acts or omissions by an attorney, individually or in concert with any other person or persons, which violate the Attorney’s Oath of Office or the Mississippi Rules of Professional Conduct (MRPC) as now set forth or as hereafter amended, shall constitute misconduct and shall be grounds for discipline, whether or not the acts or omissions occurred in the course of an attorney-client relationship. RULE 1. JURISDICTION. (a) The Court has exclusive and inherent jurisdiction of matters and proceedings pertaining to attorney discipline, reinstatement, and determination of the personal capacity of a lawyer to practice law in the State of Mississippi. All such proceedings shall be conducted in accordance with these rules. The Court shall be the ultimate judge of matters arising under these rules, and from time to time the Court shall review these rules and amend them when necessary or desirable. (b) Nothing contained in these rules shall be construed to deny to any other court such powers as may be necessary for that court to maintain control over practice and proceedings conducted before it, such as the power of contempt. (c) Actions by other courts are cumulative and in addition to the disciplinary jurisdiction of the Court and its disciplinary agencies as defined by Rule 3. Actions by other courts shall not be binding or conclusive as to the Court, and any action taken by them shall be reported to the Bar, and when required by rule or by statute, to the Court. (d) Nothing herein shall be construed to affect or limit the Court’s power to regulate admission to the practice of law in the State of Mississippi. (ec) Nothing in these Rules shall be construed to affect or limit the Court’s power to regulate the activities or conduct of judges in the State of Mississippi. Complaints or grievances against judges shall be filed with the Commission on Judicial Performance. Procedure (1.1) The jurisdiction of the Court shall extend to any resident or non-resident attorney duly licensed or admitted pro hac vice in the State of Mississippi. The jurisdiction of the Court shall also extend to attorneys not licensed or admitted pro hac vice in the State of Mississippi if the attorney advertises or provides or offers to provide any legal services to be performed in this jurisdiction. (a) A permanent registry of attorneys licensed to practice law in the State of Mississippi shall be established and maintained by the Bar and shall contain, at a minimum, the following information: (i) Full name and all names under which the attorney has been admitted or practiced; (ii) Date of birth and date of death if applicable; (iii) Current law office address, telephone number, and e-mail address; (iv) Current residence address; (v) | Date of admission in the State of Mississippi; (vi) Date of transfer to or from inactive status or disability active status; (vii) Other jurisdictions in which the attorney is admitted to practice and date of admission; (viii) Nature, date, and place of any discipline imposed and any reinstatements in the State of Mississippi or any other jurisdiction. (b) The permanent registry of attorneys licensed to practice law in the State of Mississippi shall be updated by the Bar at least annually. (c) Each attorney shall keep the attorney’s registration information current and shall notify the Bar in writing within thirty (30) days of any change. When an attorney has disappeared or is deceased or disabled, the attorney’s relatives and the local bar are encouraged to report that fact to the Bar in writing; law partners or associates in the firm, corporation, or agency in which the attorney was employed must report that fact to the Bar in writing. (d) The address listed in the registry is the attorney’s legal address for purposes of service of process and any other notices under these Rules. (e) It is the duty of the Bar to ensure the information in the permanent registry is kept confidential, other than name, whether the attorney is on active status, work address, and date of admission; unless the attorney has otherwise agreed. (1.2) Nothing in this Rule shall be construed to limit in any manner the application of any Rule of the Mississippi Rules of Professional Conduct as adopted by the Court. (1.3) Any nonresident attorney licensed or admitted pro hac vice to practice law in the State of Mississippi and any attorney not licensed or admitted pro hac vice in the State of Mississippi who advertises or provides or offers to provide legal services to be performed in this jurisdiction shall be deemed to have appointed the Executive Director of the Bar as the attorney’s agent for service of process or any notice required by these Rules. RULE 2. POWER AND ENFORCEMENT (a) 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 grievance or complaint. (b) Each party to a grievance or complaint shall have the power to summons and examine witnesses under oath and to compel their attendance, or 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, grievance, or complaint. 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 served according to the Mississippi Rules of Civil Procedure. (c) Any defiance of any summons or subpoenas so issued, or other extrajudicial conduct which shall! inhibit, impede, or disrupt any of the above disciplinary agencies as designated in these Rules in the performance of the duties and in the exercise of the powers herein given shall be treated as contempt of Court and punishable accordingly. Procedure (2.1) The Clerk of the Court shall file all pleadings and issue all process. Costs shall be paid by the party or person requesting the issuance. RULE 3. DISCIPLINARY AGENCIES DESIGNATED For purposes of administering the Court's disciplinary jurisdiction, the following entities are hereby established and designated as agencies of the Court. (a) The Board of Commissioners of the Bar. (b) The Office of General Counsel. (c) The Executive Director of the Bar. (d) The Committee on Professional Responsibility. (e) The Complaint Tribunal and Panels appointed by the Court. (f) Receivers designated by a Complaint Tribunal or the chancery court. (g) Other attorneys who may from time to time be requested in writing by the President of the Bar, the Board of Commissioners of the Bar, or by the Court to assist with an investigation or prosecution. Procedure (3.1) When acting in the course of their disciplinary duties, each of the disciplinary agencies shall be considered a special master of the Court. (3.2) The agencies shall be composed of active practicing attorneys or judges of the Circuit, Chancery, or County Courts who are members of the Bar of the State of Mississippi and shall further be constituted as follows: (a) Board of Commissioners of the Bar. The Board of Commissioners of the Bar (the Board) is provided for by Section 73-3-107, Mississippi Code of 1972. The Board shall have the authority to employ and compensate competent persons to serve as General Counsel, counsel, and non-lawyer staff who shall serve at the pleasure of the Board, either in full-time or part-time capacities, as the Board may from time to time deem necessary or advisable to effect the disciplinary procedures set forth herein. (b) The Office of General Counsel. The Office of General Counsel shall investigate grievances, prosecute complaints, and discharge other duties assigned by the Board and the Committee on Professional Responsibility. (c) Committee on Professional Responsibility. The Committee on Professional Responsibility shall be composed of six (6) members appointed by the President of the Bar for terms of three (3) years except the terms of the initial members shall be staggered in one and two-year terms and shall consist of two members from each of the Supreme Court Districts. The Chairman of the Committee on Professional Responsibility shall be designated by the President of the Bar for a one (1) year term. (d) Panels. The Court shall appoint a panel of judges and attorneys from each Supreme Court District, and from those panels Complaint Tribunals shall be designated and constituted as the need arises. The panel members shall be in such numbers as the Court may deem appropriate. The term of office of all panel members shall be three (3) years, except the terms of the initial members shall be staggered in one, two and three-year terms. No panel member shall serve more than two consecutive three-year terms. Appointments may be terminated by the Court. (e) Complaint Tribunal. Complaint Tribunal members shall be selected from the panels as provided herein above. Each Complaint Tribunal shall consist of two attorneys and one judge, and the judge member shall serve as the presiding judge of the Complaint Tribunal. Whenever a Complaint Tribunal member is unable to serve or a hearing will be unduly delayed because of the unavailability of a Complaint Tribunal member, the presiding judge may select from the remaining panel members an attorney to serve in the place of the attorney appointed by the court. If the presiding judge or other member of the Complaint Tribunal is unable to serve or the hearing shall be unduly delayed, the Chief Justice of the Court may appoint a new presiding judge from the judges or members on the appropriate panel. The Complaint Tribunal designated to hear and determine a case shall conclude the matter, the termination of a term of office of one or more of its members notwithstanding. All members of a Complaint Tribunal shall reside in a Chancery and Circuit District different from that within which the subject attorney resides. Complaint Tribunal members shall be selected on a rotating basis from the panels as provided herein above. (f) Other Attorneys. The assistance of other attorneys shall be requested and utilized on a case-by-case basis, and they shall be deemed to act for the Court only when their assistance has been requested in writing by the President or the Board. RULE 4. INITIATION AND FILING OF GRIEVANCES (a) Any matter touching on the ethical misconduct of an attorney licensed by the State of Mississippi or any attorney who renders or has rendered legal services in the State of Mississippi shall be called to the attention of the Office of General Counsel in writing. Attorneys licensed in the State of Mississippi may fulfill their 8.3, MRPC, obligation to report the professional misconduct of another attorney by filing a grievance or by submitting a report in writing to the Office of General Counsel. (b) All attorneys, courts, and their officers shall have the affirmative duty to notify the Office of General Counsel of conduct of any attorney evincing unfitness for the practice of law or unprofessional or unethical conduct and any action taken by the Court. (c} The Committee on Professional Responsibility shall not consider a grievance until it has been reduced to writing. Grievances must be submitted on an original form provided by the Bar. (d) No grievance shall be considered by the Committee on Professional Responsibility unless received, discovered, or otherwise brought to their attention within three (3) years after the date of discovery of the facts upon which the grievance is based. Allegation of violations of Rules 1.15, 8.1 and 8.4 (b) through (f) of the Rules of Professional Conduct shall not be covered by this limitation. Procedure (4.1) The Office of General Counsel shall keep a docket of all written grievances. A docketed grievance shall not be considered a grievance or charge touching the attorney’ s conduct until the grievance has been considered and a decision rendered by the Committee on Professional Responsibility finding that the imposition of discipline is warranted. Until the Committee on Professional Responsibility renders a decision imposing discipline or directs that a complaint be filed, the attorney may state that no complaint, grievance or charge has been filed against the subject attorney. Grievances at any stage may be reported for statistical purposes. (4.2) Written grievances shall contain at a minimum: (a) The name, mailing address, and phone number of the grievant; and (b) The name and address of the subject attorney; and (c) A statement of the facts of the grievance; and (d) A list of witnesses, with addresses and phone numbers, if known; and (e) Copies of any statement by the witnesses and documents in support of the statement of facts of the grievance. (4.3) If a written grievance is found to be deficient, the Office of General Counsel may return it to the grievant with a statement of the deficiency. All such grievances shall be reported to the Committee on Professional Responsibility if the deficiency has not been cured within forty-five (45) days of the date on which the same was returned to the grievant. The Committee on Professional Responsibility thereafter may act upon those matters as provided in Rule 7 of these Rules. RULE 5. INVESTIGATION OF GRIEVANCES The Office of General Counsel shall conduct any investigation of grievances fairly and impartially and shall seek to elicit any and all facts which might be exculpatory or incriminatory of the subject attorney. All proceedings shall be expeditiously conducted to the end that no grievant be deprived of his or her right to a timely, fair and proper investigation of a grievance and that no attorney be subjected to unfair and unjust charges. Procedure (5.1) General. The Office of General Counsel shall require a grievance to be in writing or may file a grievance on information and belief. The Office of General Counsel shall investigate, if necessary, and report to the Committee on Professional Responsibility regarding all written grievances. (5.2) Investigations and Investigatory Hearings. The Office of General Counsel shall investigate and report to the Committee on Professional Responsibility within sixty (60) days from receipt of the written complaint. The Chair of the Committee on Professional Responsibility may enlarge the time for completion of an investigation and submission of the Office of General Counsel’s report. Upon receipt of a written grievance or information indicating probable cause, the Office of General Counsel may conduct a preliminary investigation, either with or without notice to the subject attorney, as in the Office of General Counsel’s discretion appears appropriate. In the Office of General Counsel’s discretion, the grievance and evidence may be mailed to the attorney for response prior to submission of the report to the Committee on Professional Responsibility. A response by the attorney to the grievance shall be tendered to the Office of General Counsel within fifteen (15) days of the mailing of the grievance unless the time is extended by the Office of General Counsel. An investigatory hearing in the discretion of the Office of General Counsel or by discretion of the Committee on Professional Responsibility may be conducted prior to the submission of the Office of General Counsel’s report to the Committee on Professional Responsibility. (5.3) Grievants. The person signing the grievance is not a party to the proceedings and has no authority to subsequently withdraw the grievance. The Office of General Counsel does not represent the grievant. The failure or refusal of the grievant or any witness to cooperate during the investigation shall not be cause for dismissal of the grievance or termination of the investigation. Persons signing grievances or witnesses may be represented by counsel or may proceed as counsel for themselves during any investigation. (5.4) The Subject Attorney. The attorney who is the subject of the filed grievance is a party to the proceedings, and after written notice of the grievance has been given to the subject attorney by the Office of General Counsel, the subject attorney and/or counsel for the subject attorney shall have the right to appear at any investigatory hearing for the purpose of examining or cross-examining all witnesses and for presenting witnesses and evidence on behalf of the attorney. The subject attorney shall appear at an investigatory hearing and give testimony when written demand is made by the Office of General Counsel. The failure or refusal of the attorney to cooperate at an investigatory hearing shall not be cause for dismissal of the grievance or termination of the investigatory hearing or investigation. The failure of the subject attorney to appear, after proper notice, waives the attorney’s right to cross-examine witnesses, present evidence, or present witnesses at the investigatory hearing. (5.5) Process During Investigations. Subpoenas during investigations by either party to a grievance must be issued by the Clerk of the Court and shall comply with the Mississippi Rules of Civil Procedure. Upon completion of the investigation, a copy of the written report, if any, the grievance, and all evidence shal! be mailed to the subject attorney. A response by the subject attorney to the report may be tendered to the Office of General Counsel within fifteen (15) days of the mailing of the report. The Office of General Counsel shall forward the subject attorney’s response to the Committee on Professional Responsibility. 10 RULE 6. SUSPENSIONS AND DISBARMENTS BASED ON OTHER PROCEEDINGS (a) Whenever any attorney subject to the disciplinary jurisdiction of the Court shall be convicted in any court of any state or in any federal court, or enter a plea of guilty or a plea of nolo contendere therein, or tender a guilty plea pursuant to the provisions of Miss. Code Ann. § 99-15-26 (1972, as amended), or any similar provision in state or federal law of any felony (other than manslaughter) or of any misdemeanor involving fraud, dishonesty, misrepresentation, deceit, or willful failure to account for money or property of a client, a certified copy of the proof of the finding of guilt, or judgment of conviction, tender ofa plea of guilty or plea of nolo contendere, or order accepting or acknowledging the offer or tender ofa guilty plea, or any similar provision in state or federal law shall be presented to the Court by the Office of General Counsel and shall be conclusive evidence thereof. The Court shall then forthwith strike the name of the attorney and order the attorney’s immediate suspension from the practice of law. (b} Upon reversal of the conviction or judgment that has resulted in the automatic suspension, the attorney may seek reinstatement pursuant to Rule 13. For purposes of these Rules, executive clemency or pardon shall not constitute reversal of the conviction and shall not bar or terminate disciplinary proceedings predicated upon such conviction or judgment. Dismissal of charges pursuant to the provisions of Miss. Code Ann. § 99-15-26 (1972, as amended), or any similar state or federal statute shall have no effect upon disciplinary proceedings or sanctions predicated upon an entry, offer, or tender of a plea of guilty or nolo contendere. (c) Whenever any attorney subject to the disciplinary jurisdiction of the Court shall have entered against the attorney in any court of any state or in any federal court a civil judgment in accordance with Miss. Code Ann. § 11-49-3 (1972, as amended), or any other civil judgment based upon clear and convincing evidence of fraud, misrepresentation, dishonesty, deceit, or willful failure to account for money or property of a client, a certified copy of the judgment, upon becoming final, shall be presented to the Court by the Office of General Counsel and shall constitute sufficient, clear and convincing evidence of the facts necessary to support such judgment, and, unless successfully rebutted, the Court shall forthwith strike the name of the attorney from the registry of attorneys licensed to practice law in the State of Mississippi and order the attorney’s immediate suspension from the practice of law. This section shall not apply to Internal Revenue Code, Federal Communications Commission, Securities and Exchange Commission, Federal Trade Commission, and/or similar Federal Agency violations involving civil judgments and/or civil penalties, but nothing herein contained shall prohibit disciplinary prosecution for felony convictions based upon such violations. bl (d) When the time for appeal from a judgment or conviction provided above expires or all appeals have been concluded without reversal, the Office of General Counsel shall certify that result to the Court, and the Court shall forthwith enter an order of disbarment. (e) Upon conviction of manslaughter, the Office of General Counsel shall immediately commence an investigation and where warranted shall, upon directive of the Committee on Professional Responsibility, present the matter to the Court for its consideration as herein set forth. (f) The judge of any court within this state shall have the affirmative duty to cause a certified copy of proof of the finding of guilt, a judgment of conviction, tender of a guilty plea or plea of nolo contendere, or order accepting or acknowledging the offer or tender of a plea pursuant to Miss. Code Ann. § 99-15-26 (1972, as amended), or any similar provision of a state or federal law to be transmitted to the Office of General Counsel within ten (10) days after the finding of guilt, tender of plea of guilty or plea of nolo contendere, or entry of the order accepting or acknowledging the offer or tender of the plea or agreement. Procedure (6.1) A complaint, with a certified copy of the finding of guilt, or judgment of conviction, or tender of plea of guilty or plea of nolo contendere or order accepting or acknowledging the entry, offer, or tender of a plea pursuant to Miss, Code Ann. § 99-15-26 (1972, as amended), or any similar provision of state or federal law attached, and a motion for immediate suspension pending conclusion of the criminal proceedings, including appeals, shall be filed with the Court, upon which the attorney shall be automatically suspended subject to the right of such attorney to move for reconsideration upon a showing that the finding of guilt, judgment, or conviction has been reversed or a new trial is granted. (6.2) Upon a showing that the criminal proceedings have finally concluded, the time for all appeals has expired, or that all appeals have been concluded without reversal, the attorney shall be automatically disbarred. (6.3) In a proceeding based upon a civil judgment, the Office of General Counsel shall file a complaint, with a certified copy of the judgment attached, which shall constitute a prima facie case. (6.4) All proceedings brought pursuant to Rule 6 of these Rules shall in all respects be matters of public record, Rule 16 of these Rules notwithstanding. 12 RULE 7. COMMITTEE ON PROFESSIONAL RESPONSIBILITY DUTIES AND POWERS (a) The Committee on Professional Responsibility shal! function as a grand jury in matters of attorney discipline. (b) Upon receipt of a grievance, the Office of General Counsel’s report, and any response by the attorney, the Committee shall: (i) Dismiss the grievance as being without merit; or (ii) Direct or conduct further investigation if needed; or (iii) Refer the matter to the Office of General Counsel for filing and prosecution of a complaint; or (iv) If investigation discloses a minor ethical violation or instance of relatively trivial misconduct or an isolated instance of a minor nature, then the Committee shall be authorized to issue an informal admonition or a private reprimand. (v) Issue a public reprimand. (vi) In its discretion, and in addition to any action taken by the Committee on Professional Responsibility under Rule 7(b)(ii),(ii1), (iv), or (v) of these Rules, and notwithstanding the provisions of Rule 16 of these rules, the Committee on Professional Responsibility may delay final action and refer the attorney to the Lawyers and Judges Assistance Program for, as recommended by the Lawyers and Judges Assistance Program, evaluation, treatment, monitoring, and assistance. (c) Ifissued, an informal admonition, a private reprimand, or a public reprimand shall be sent to the subject attorney, and a copy shall be sent to the grievant. The subject attorney shall have a right within thirty (30) days after receipt of the informal admonition, private reprimand, or public reprimand to request in writing that a formal disciplinary proceeding be initiated against the attorney to adjudicate the propriety of the conduct upon which the informal admonition, private reprimand, or public reprimand is based. If such request is timely made, the informal admonition, private reprimand, or public reprimand shall be vacated, and the matter shall be processed by means of a complaint. An informal admonition shall not be used as a substitute for and shall not be considered discipline. However, the fact, 13 nature, and cause of such an informal admonition may be disclosed in any subsequent disciplinary proceedings against the subject attorney. (d) When a public reprimand becomes final, the Committee on Professional Responsibility shall either: (i) Direct the attorney to appear before the circuit court of the attorney’s county of residence or county of practice, as specified by the Committee on Professional Responsibility, on the first day of a term convening next after the date the public reprimand becomes final or on some other similar day when a maximum number of the Bar and public are present and shall be read by the senior judge or the senior judge’s designee at the time therein indicated and placed upon the minutes of the court, A Certificate of Compliance with the Public Reprimand shall be returned to the Bar by the subject attorney. (ii) In its discretion, serve a written reprimand upon the attorney by certified mail. Upon public appearance or service by mail under this Rule, a copy shall be given to the person filing the grievance, the Executive Director of the Bar, and to the judges of the circuit and chancery districts of the attorney’s county of residence. A public reprimand imposed by the Committee on Professional Responsibility shall be published in the Mississippi Bar Journal. (e) Referral to the Lawyers and Judges Assistance Program may not be used as a substitute for, and may not be considered, discipline. However, notwithstanding the provisions of Rule 16(b) of these Rules, the Committee on Professional Responsibility, in its discretion, may delay any action under Rule 7(b)(ii), (iii), (iv), or (v) of these Rules provided that an attorney who is referred to the Lawyers and Judges Assistance Program by the Committee on Professional Responsibility complies with all terms and conditions imposed upon the attorney by the Lawyers and Judges Assistance Program. If the attorney violates the terms and conditions imposed by the Lawyers and Judges Assistance Program upon such attorney, the Lawyers and Judges Assistance Program shall report such failure to comply with all terms and conditions imposed upon the attorney by the Lawyers and Judges Assistance Program, and upon receipt of such report, the Committee on Professional Responsibility shall take such action under Rule 7(b) of these Rules which the Committee on Professional Responsibility delayed but originally could have taken. In any notification to the grievant of the action or actions taken by the Committee on Professional Responsibility, the Committee, in its discretion, may not include notice of the Committee’s referral of the attorney to the Lawyers and Judges Assistance Program. 14 Procedure (7.1) Dismissals. Any grievance dismissed pursuant to Rule 7(b)(i) of these Rules shall be deemed expunged and not considered a charge touching upon the conduct of the attorney. Upon dismissal, the grievant, the subject attorney, and the Office of General Counsel shall be given written notice. (7.2) Referrals for Additional Investigation. Upon receipt of the Office of General Counsel’s report and any response by the subject attorney, the Committee on Professional Responsibility may refer the matter for additional investigation and report with such instructions as may appear appropriate. The Committee shall periodically fix the costs and expenses incurred as of that date; provided, that no cost shall actually be assessed unless discipline is finally imposed. Upon referral for additional investigation and report, the Office of General Counsel shall have not more than sixty (60) days from and after the date of receipt of the referral directive to conclude the additional investigation and report back to the Committee. The Chair of the Committee on Professional Responsibility may enlarge the time for completion of additional investigation and submission of the report. A copy of the Office of General Counsel’s report and all evidence shall be mailed to the subject attorney who shall have fifteen (15) days to respond, unless such time is enlarged by the Chair of the Committee on Professional Responsibility. The Office of General Counsel’s report and the attorney’s response shall be forwarded to the Committee on Professional Responsibility which shall act upon the matter. (7.3) Complaints. If, after conclusion of the investigation, the Committee on Professional Responsibility is of the opinion that probable cause exists to believe the subject attorney has engaged in conduct warranting discipline other than that outlined in Rule 7(b) of these Rules, the matter shall be referred to the Office of General Counsel for filing of a complaint for trial before a Complaint Tribunal. The Office of General Counsel shall file the complaint with the Clerk of the Court. Each complaint filed by the Office of General Counsel shall be styled as “In Re Discipline of” followed by the attorney’s name. RULE 8. COMPLAINT TRIBUNAL - POWERS AND DUTIES (a) All complaints shall be filed with the Clerk of the Court and the Court shall designate a Complaint Tribunal to hear and determine the matter. Hearings before Complaint Tribunals shall be as cases in chancery. 15 - (b) At the conclusion of the hearing, upon majority vote, the Complaint Tribunal shall _ render a written opinion incorporating a finding of fact and a judgment which may: (1) Exonerate the attorney and dismiss the complaint; or (ii) Publicly or privately reprimand the attorney; or (iit) Suspend the attorney with or without probation for a fixed period of time and may specify conditions precedent to reinstatement; or (iv) Disbar the attorney; or (v) In addition to any disposition authorized under this paragraph, notwithstanding the provisions of Rule 16 of these Rules, refer the attorney to the Lawyers and Judges Assistance Program for, as recommended by the Lawyers and Judges Assistance Program, referral for evaluation, treatment, monitoring, and assistance. (c) The Complaint Tribunal shall have the power to enjoin violations under the Mississippi Rules of Professional Conduct. (d) The Complaint Tribunal shall have the same contempt authority as chancery courts. See Miss. Code Ann. § 9-5-87 (1972, as amended). Procedure (8.1) Within thirty (30) days following the designation of a Complaint Tribunal, the presiding judge shall establish a tentative schedule for discovery, motion hearings and rulings, trial and adjudication, all of which shall be completed within one hundred and eighty (180) days from the date of the designation of the Complaint Tribunal, unless extended by the Complaint Tribunal on motion of either party for good cause shown. (8.2) All complaints shall be prosecuted by the Office of General Counsel unless the President of the Bar or Board shall appoint another attorney or attorneys to assist or proceed in the place of the Office of General Counsel. (8.3) The complaint shall be served in accordance with the applicable Mississippi Rules of Civil Procedure. (8.4) Unless an enlargement of time be granted by the presiding judge of the Complaint Tribunal, the attorney's answer shall be filed within thirty (30) days after a copy of the complaint is served. 16 (8.5) Trials shall be held in a courtroom of the Supreme Court of Mississippi at Jackson, Mississippi, or upon motion made by either party and order by the Complaint Tribunal, trial may be held elsewhere. The presiding judge shall hear and determine all pre-trial motions and all non-dispositive motions and enter all appropriate orders. The Complaint Tribunal may hold such pre-trial conferences as deemed appropriate. Trial upon the merits shall be held before the full Complaint Tribunal and shall be held as expeditiously as possible consistent with due process. (8.6) No discipline shall be imposed except upon clear and convincing evidence. After final hearing on the merits, the opinion of the Complaint Tribunal may: (i) Exonerate the attorney and dismiss the complaint. (ii) Publicly or privately reprimand the attorney. If the Complaint Tribunal is of the opinion that a private reprimand will adequately afford the disciplinary sanctions required by the particular circumstances, the Complaint Tribunal, after the private reprimand becomes final, shall cause it to be forwarded to the attorney, to the Office of General Counsel, and to the person filing the grievance by the Clerk of Court. If the Complaint Tribunal is of the opinion that a public reprimand will adequately afford the disciplinary sanctions required by the particular circumstances, the Complaint Tribunal shall either: (a) order the attorney to appear before the circuit court of the attorney’s county of residence or county of practice, as specified by the Complaint Tribunal, on the first day of a term convening next after the date the public reprimand becomes final or on some other similar day when a maximum number of the Bar and the public are present. As part of its decision, the Complaint Tribunal shall draft the statement of public reprimand to be read by the circuit court judge. A final public reprimand shall be read by the senior judge or the senior judge’s designee at the time therein indicated and placed upon the minutes of the court. A Certificate of Compliance with the Public Reprimand shall be returned to the Bar by the subject attorney. (b) in its discretion, serve a written reprimand upon the attorney by certified mail. 17 When a reprimand becomes public, a copy shall be given to the person filing the grievance, the Executive Director of the Bar, and to the judges of the circuit and chancery districts of the attorney's county of residence. A public reprimand imposed by the Complaint Tribunal shall be published in the Mississippi Bar Journal. (iii) Suspend the attorney with or without probation for a fixed period of time, and may specify conditions precedent to reinstatement. When such orders of suspension become public, they shall be placed upon the minutes of the chancery and circuit courts of the attorney’s county of residence, and shall immediately become matters of public record. (iv) Disbar the attorney. Such orders, when entered, shall be treated as provided in Rule 8.6(iii) of these Rules. (v) In addition to Rule 8.6(ii), (iii), or (iv) of these Rules, notwithstanding the provisions of Rule 16 of these Rules, with the assent and accord of the attorney who is the subject of the complaint, refer the attorney to the Lawyers and Judges Assistance Program for, as recommended by the Lawyers and Judges Assistance Program, referral for evaluation, treatment, monitoring and assistance. The Complaint Tribunal may delay action under Rule 8.6(11), (iii) or Civ) of these Rules provided that an attorney who is referred to the Lawyers and Judges Assistance Program by the Complaint Tribunal complies with the terms and conditions imposed upon the attorney by the Lawyers and Judges Assistance Program. If the attorney violates the terms and conditions imposed by the Lawyers and Judges Assistance Program upon the attorney, the Lawyers and Judges Assistance Program shall report such failure to comply with all terms and conditions imposed upon the attorney by the Lawyers and Judges Assistance Program, and upon receipt of such report, the Complaint Tribunal may take such action under Rule 8(b) of these Rules which the Complaint Tribunal delayed but originally could have taken. (8.7) Interim Suspension for Threat of Harm. Ina matter before the Complaint Tribunal, upon receipt of sufficient evidence demonstrating that: (a) the attorney has committed a violation of the MRCP; or (b) the attorney is under a disability as herein defined; and (c) the attorney’s continued practice of law poses a threat of serious harm to the public; The Office of Genera! Counsel shall file a motion for interim suspension and notice it for hearing before the full Complaint Tribunal. After 18 hearing on the motion, the Complaint Tribunal may enter an order immediately suspending the attorney pending final disposition of the underlying disciplinary proceeding predicated upon the conduct causing the harm, or may order such other action as it deems appropriate. If the Complaint Tribunal imposes an interim suspension upon the attorney pending final disposition of the underlying disciplinary proceeding, the underlying disciplinary proceeding shall be expedited. The interim suspension shall be a matter of public record. The suspended attorney shall comply with the requirements of Rule 12 of these Rules. RULE 9. APPEALS (a) Either the Bar or the attorney may, as a matter of right, appeal any final disposition of the Complaint Tribunal to the Court. (b) Where the Complaint Tribunal’s final disposition is made upon a nolo contendere plea, an admissi