RESIGNATION

(a) An attorney who has a complaint filed against the attorney may tender to the Court or to the Complaint Tribunal an irrevocable resignation. (b) An attorney who is a member of the Bar in good standing may, under oath, petition the Court for leave to resign from the privilege of practicing law in the State of Mississippi. Upon acceptance of the petition by the Court, the attorney shall not practice law in the State of Mississippi or be entitled to any privileges and benefits accorded to active members of the Bar in good standing. Procedure (11.1) Irrevocable Resignation. An attorney may tender an irrevocable resignation to either the Court or the Complaint Tribunal. Such a resignation shall acknowledge each and all disciplinary matters then pending, provide the docket number or numbers, state that the attorney does not desire to defend, and request permission to resign with prejudice from the Bar. Upon receipt of such a resignation, and any response that the Bar may elect to file, the disciplinary proceedings shall terminate and either the Court or the Complaint Tribunal shall enter its order accepting the resignation, revoking the attorney’s license, and barring forever thereafter the attorney’s right to seek reinstatement to the privilege of practicing law in this State. Such a resignation and order shall be considered disciplinary action and the resignation shall be considered tantamount to the proof of guilt on the matters charged. Jurisdiction remains with the Court and its designated disciplinary agencies to pursue complaints against the former attorney for conduct which occurred prior to the effective date of the attorney’s irrevocable resignation. (11.2) Resignation While in Good Standing. (a) The petition for leave to resign while in good standing shall be filed under oath with the Court and shall contain a statement that there are no disciplinary actions or criminal proceedings pending against the petitioner and that the petitioner is a member in good standing of the Bar. A copy of the petition shall be served upon Complaint Counsel. (b) Complaint Counsel, within ten (10) days after being served with the petition, shall certify in writing to the Court whether the petitioner is an active member in good 26 standing with the Bar and whether the petitioner is under disciplinary investigation by any designated disciplinary agency of the Court or has a complaint pending against the attorney. (c) The petition may be granted if petitioner is an active member in good standing and has no pending disciplinary investigation, complaints, or charges. No petition for leave to resign while in good standing shall be accepted if there are disciplinary proceedings or criminal charges pending against the petitioner or if the petitioner is not a member in good standing. (d) After the effective date of the resignation while in good standing, in order to be reinstated, the former attorney must comply with the rules governing admission to the practice of law in the State of Mississippi, including the examination requirement set forth in Rule 4, Section 9 of the Rules Governing Admission to the Mississippi Bar. (e) Upon the effective date of the resignation while in good standing, the former attorney shall comply with the requirements of Rule 14 of these rules. (f) Jurisdiction remains with the Court and its designated disciplinary agencies to pursue grievances and complaints against the former attorney for conduct which occurred prior to the effective date of the attorney’s resignation while in good standing. 27