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. (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: (i) Exonerate the attorney and dismiss the complaint; or (ii) Publicly or privately reprimand the attorney; or (iii) 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, with the assent and accord of the attorney who is the subject of the complaint, notwithstanding the provisions of Rule 16 of these rules, refer the attorney to the Lawyers and Judges Assistance Program for evaluation and, as recommended by such committee, treatment, monitoring and assistance. (c) The Complaint Tribunal shall have the power to enjoin violations under the Mississippi Rules of Professional Conduct. 19 (d) The Complaint Tribunal shall have the same contempt authority as chancery courts. See Miss. Code Ann. § 9-5-87. 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 Complaint Counsel unless the President of the Bar or Board shall appoint another attorney or attorneys to assist or proceed in the place of Complaint 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. (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) Imposition of Discipline. 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 Complaint Counsel, and to the person filing the grievance by the Clerk of the Court. If the Tribunal is of the opinion that a public reprimand will adequately afford the disciplinary sanctions required by the particular circumstances, the Complaint Tribunal shall order the attorney to appear before the circuit court of the attorney's county of residence or 20 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. When a reprimand becomes public, a copy shall be given to the person filing the complaint, the Executive Director of the Bar and to the judges of the circuit and chancery districts of the attorney's county of residence. (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 Rules 8.6(ii), (iii), or (iv), notwithstanding the provisions of Rule 16, 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 Rules 8.6 (ii), (iii) or (iv) 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. In a matter before the Complaint Tribunal, upon receipt of sufficient evidence demonstrating that 21 (a) (b) (c) the attorney has committed a violation of the MRPC; or the attorney is under a disability as herein defined; and the attorney’s continued practice of law poses a threat of serious harm to the public; Complaint Counsel shall file a motion for interim suspension and notice it for hearing before the full Complaint Tribunal. After 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. 22