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 admission, or an irrevocable resignation, the extent or absence of discipline shall be the sole question presented by an appeal. Procedure (9.1) Either the Bar or the attorney may appeal a final disposition of the Complaint Tribunal. The Board shall determine whether Complaint Counsel shall take an appeal on behalf of the Bar. The Board may direct Complaint Counsel to perfect an appeal when the Board believes that the Complaint Tribunal’s findings and decisions are arbitrary and capricious, not supported by substantial evidence, manifestly wrong, or in error as to a matter of law. (9.2) Any notice of appeal shall be filed and served on all opposing counsel within thirty (30) days of the date on which the Complaint Tribunal’s judgment was filed with the Clerk of the Court and by paying within that time all sums assessed as costs and expenses by the Complaint Tribunal. Failure to give notice within that time or failure to pay the costs and expenses assessed, or failure to pay any costs due the Clerk of Court, shall be grounds for dismissal, notice and payment within the time provided being jurisdictional for any appeal. Otherwise, appeals shall be taken pursuant to the Mississippi Rules of Appellate Procedure. (9.3) No private or public reprimand shall become effective within the thirty (30) days provided for taking an appeal or until the Court has disposed of any appeal. An appeal duly perfected, as provided above, from a judgment of the Complaint Tribunal imposing discipline of suspension for not more than six (6) months shall operate as supersedeas and the attorney shall be permitted to continue the practice of law until such time as the Court disposes of the appeal. In appeals from judgments imposing discipline of six (6) months or more and those imposing disbarment, supersedeas shall be within the sound discretion of the Complaint Tribunal, subject to review by the Court, upon application of the attorney made within thirty (30) days of the entry of the judgment. In ruling upon such application, the Complaint Tribunal shall state the reasons for its action. A motion for a stay of the judgment or the vacating of a stay granted by the Complaint Tribunal may be made to this Court pursuant to Rule 8(c), Mississippi Rules of Appellate Procedure. Any stay may be conditioned upon giving bond as may be found appropriate by the 23 Complaint Tribunal in the first instance or the Court upon review. Such bonds may be enforced by a motion in the Court without the necessity of an independent action. The motion for satisfaction of the bond and notice of the motion shall be served upon the sureties if their addresses are known. In no event shall a stay be granted in cases where the attorney has defended conduct which is the subject of the complaint by asserting mental or physical impairment, except upon a clear and convincing showing of restoration to mental and physical health sufficient to assure the attorney’s ability to perform his or her professional responsibilities. (9.4) Upon appeal the Court shall review the entire record and the findings and conclusions of the Complaint Tribunal de novo, and shall render such orders as the Court may find appropriate. Upon the conclusion of any appeal, the Court shall award costs and expenses as in its discretion appear appropriate. 24