Board of Com'rs of Mississippi State Bar v. Collins

• Decision Date: 09 June 1952
• Docket Number: No. 38456,38456
• Parties: BOARD OF COMMISSIONERS MISSISSIPPI STATE BAR v. COLLINS.
• Court: Mississippi Supreme Court

Page 351

59 So.2d 351

214 Miss. 782

BOARD OF COMMISSIONERS MISSISSIPPI STATE BAR v. COLLINS.

No. 38456.

Supreme Court of Mississippi.

June 9, 1952.

Snow & Covington, Meridian, for appellant.

Jeff Collins, Laurel, T. C. Hannah, Hattiesburg, Ben Stevens, Hattiesburg, L. Barrett Jones, Jackson amicus curiae, for appellee.

KYLE, Justice.

The Board of Commissioners of the Mississippi State Bar filed a bill of complaint in the Chancery Court of the Second Judicial District of Jones County against Jeff Collins, an attorney at law, engaged in the practice of law in Jones County, seeking to enjoin and prohibit the defendant from the further practice of law in the State of Mississippi, until he has paid to the treasury of the State Bar the sum of $90 alleged to be due and owing by him to the Mississippi State Bar as dues at the rate of $5 per year for the years 1932 to 1949, inclusive, and seeking to recover a decree against him for the above stated amount.

The complainants in their bill alleged that the defendant had been engaged in the practice of law in the State of Mississippi for the period of eighteen years next preceding the date of the filing of the bill, and that he had failed and refused to pay his membership dues during that period of time; that he had been duly notified of his delinquency by written notice mailed to him by the Secretary of the State Bar more than two months before the filing of the bill of complaint; that his delinquency had been duly reported by the secretary to the board of commissioners; and that the secretary of the State Bar had notified the courts of the county of his residence that he had been suspended from the membership in the State Bar, because of his delinquency, and had notified the defendant in writing of his suspension. And the complainants alleged in their bill that unless the injunction prayed for was granted, the defendant would continue to practice law contrary to the provisions of the statute. A copy of a resolution of the State Bar declaring that the defendant, and other members of the Bar who were delinquent, had been suspended from membership because of failure to pay their dues, and directing that suit be filed in the chancery court to recover the amount of the dues which had not been paid, and asking for an injunction prohibiting the defendant from the further practice of law, was attached to the bill of complaint.

The defendant demurred to the bill of complaint, and alleged twelve grounds of demurrer. The chief grounds of demurrer alleged were: (1) That the complainant had no right under the State Bar act to file such suit; (2) that the Legislature was without authority to impose the special assessment of $5 on members of the Bar as a condition to the right to continue the practice of law; (3) that the State Bar act was unconstitutional in that it violated Section 87 and paragraph (s) of Section 90 of the Constitution of the State of Mississippi, and the 5th and 14th amendments of the Constitution of the United States; (4) that the complainants had no jurisdiction to proceed against the defendant because the defendant had already been suspended as a member of the State Bar; (5) that the alleged suspension of the defendant as a member of the State Bar was invalid, for the reason that such suspension could be effected only by the judgment of a court of competent jurisdiction; (6) that the proceeding in this case is in effect a proceeding to disbar the defendant from the practice of law, and that the allegations of the petition are insufficient to constitute the basis of a disbarment proceeding.

The court, after hearing the arguments on the demurrer, entered a decree sustaining the demurrer. The complaint declined to plead further and the court dismissed the bill of complaint. The chancellor, in ruling on the demurrer, dictated into the record a statement of his reasons therefor, which were (1) that the section of the State Bar act which provided for the suspension of an attorney who fails to pay his dues without notice to him of the charge and without a hearing before the Bar Commissioners was unconstitutional, and (2) that the board of commissioners of the State Bar had no right under the act to institute the proceeding against the defendant.

The Mississippi State Bar was created by Chapter 121, Laws of 1932, Sections 8685 to 8724, Code of 1942, and by the act itself all persons admitted to practice law in the State are made members of the organization. The governing authority of the State Bar is vested in a board of commissioners consisting of the president of the State Bar and as many members as there are circuit court districts in the State. The members of the board of commissioners are elected each year by the members of the Bar in their respective districts. A majority of the entire membership is required to constitute a quorum for action upon any questions that may come before the board except such questions as the statute or the by-laws of the organization may require to be passed upon by a larger portion of the membership. The board of commissioners is required to elect a secretary, who shall perform the duties of treasurer. It is made the duty of the secretary to keep the minutes of all meetings of the board of commissioners, and also the minutes of each meeting of the State Bar. The secretary is required to maintain an office at the State Capitol. She is paid a salary. No other officer of the State Bar can be paid a salary. But the traveling expenses of the members of the board of commissioners attending the meetings of the board, and the expenses of committees making trips on business of the association, are paid out of the funds of the association.

Under Section 8696, Code of 1942, enrollment on the list of members of the association and the payment of annual dues, as required under the act, is made a prerequisite to the continued practice by any lawyer engaged in the practice of law in the State. Under Section 8698 all men in the armed services of the United States, who have a license to practice law in the State, are exempt from the payment of dues. Section 8699 provides that: 'Each member of the association engaged in the practice, or in order to possess authority to practice law in this State, shall pay dues each year in the sum of $5.00. All dues shall be paid for the same period, that is, for the period of one year beginning on the day and month to be determined as in Section 26 (Sec. 8711) hereof provided. The dues shall be paid to the secretary of the association.'

Section 8707, Code of 1942, provides that: 'The State Bar shall be governed by the Board of Commissioners which shall have the powers and duties in this Act conferred and which shall be charged with the executive functions of the State Bar and with the duty to enforce the provisions of this Act.' Section 8708 provides (1) that the board shall, subject to the approval of the justices of the Supreme Court, formulate rules governing the conduct of all persons admitted to practice; (2) that the board shall investigate and pass upon all complaints that shall be made concerning the professional conduct of any person engaged in the practice of law; (3) that the board may appoint committees and delegate to such committees the power and authority possessed by the board itself, but the authority to pass upon the conduct of attorneys and to take action against or to discipline attorneys may not be delegated to a committee; and (4) the board shall render advisory opinions, upon the written request of any member of the association, as to the validity or propriety of any proposed act or course of conduct.

Section 8709 defines the duties of the State Bar as follows: 'It shall be the duty of the Mississippi State Bar, by and through its president, to recommend to the State Legislature such legislation relating to the courts, to matters of pleading, practice and procedure, and any other legislation which in its judgment will improve the courts and the law, or render the members of the bar more efficient as ministers of justice and the courts more efficient as instrumentalities for its attainment.' And the association is authorized 'to hold and conduct educational and social meetings and activities among the members of the bar, to publish journals and generally to do such things as in their judgment may tend to improve the educational and ethical standing of the bench and bar.'

Section 8710 provides that any member failing to pay any dues after the same become due, and after two months' written notice of his delinquency mailed to him by registered mail, addressed to his usual place of abode, shall thereby stand suspended from membership in the State Bar. And it is made the duty of the secretary, upon any member becoming suspended as above stated, to notify the courts of the county of his residence of such fact, by mailing a notice thereof to the presiding judge and to the clerk of the court. Any member who has been suspended for nonpayment of dues shall be reinstead upon payment of the delinquent dues, and the secretary, upon such payment, shall notify the court of his county of such fact.

Other sections of the act authorize the board of commissioners to investigate complaints or charges of misconduct on the part of any member of the Bar and to institute proceedings in the circuit or chancery court for the disbarment of such member from the practice of law.

Bar integration has been accomplished in many of the states during the last thirty years. In some of the states it has been accomplished by act of the Legislature, incorporating all members of the bar into a state bar association and prescribing its powers and functions; in other states it has been accomplished by rules of court promulgated under legislative authority; and in some states it has been accomplished by rules of court without express legislative authority. While the statutes or court rules under which...