In re Shelton, No. 2005-BR-02366-SCT.

• Decision Date: 28 March 2008
• Docket Number: No. 2005-BR-02366-SCT.
• Citation: 987 So.2d 938
• Parties: The Matter of the Petition of J. Keith SHELTON for Reinstatement to the Mississippi Bar.
• Court: Mississippi Supreme Court

987 So.2d 938

The Matter of the Petition of J. Keith SHELTON for Reinstatement to the Mississippi Bar.

No. 2005-BR-02366-SCT.

Supreme Court of Mississippi.

March 28, 2008.

Andrew J. Kilpatrick, Jr., Ridgeland, attorney for appellant.

Adam B. Kilgore, Jackson, attorney for appellee.

EN BANC.

LAMAR, Justice, for the Court.

¶ 1. By opinion of this Court entered September 18, 2003, J. Keith Shelton was suspended from the practice of law pursuant to Rule 6(a) of the Mississippi Rules of Discipline. Miss. Bar v. Shelton, 890 So.2d 827, 831-32 (Miss.2003) (Shelton I). Following dismissal of the underlying criminal charges which resulted in his suspension, Shelton filed his petition for reinstatement on December 28, 2005. Finding Shelton's petition to be insufficient, this Court referred the matter to a complaint tribunal for an evidentiary hearing. In re Shelton, 987 So.2d 898, 2006 WL 2907945, 2006 Miss.LEXIS 551 (Miss.2006) (Shelton II). This issue has now been resubmitted to this Court along with the Findings of Fact and Conclusions of Law of the complaint tribunal and the Mississippi Bar's response to those findings.

FACTS AND COURSE OF PROCEEDINGS

¶ 2. In December of 2002, J. Keith Shelton entered an Alford plea to a charge of judicial bribery in the Circuit Court of Hinds County.¹ In response to Shelton's plea, the Mississippi Bar filed a formal complaint against Shelton on January 23, 2003, requesting disbarment. This Court entered an order on June 30, 2003, striking Shelton's name from the roll of attorneys and suspending Shelton as a member of the Mississippi Bar, and entered an opinion in Shelton's case on September 18, 2003. Shelton I, 890 So.2d at 831-32. Shelton's plea was the basis for his suspension. There was no order from the trial court accepting the guilty plea. However, this Court found "clear and convincing evidence that Shelton's actions, which led to his entry of a plea" warranted immediate suspension. See M.R.D. 6(a) (attorney pleading guilty to crime involving fraud or dishonesty shall be immediately suspended from practice).

¶ 3. On November 14, 2005, on motion of the State, Hinds County Circuit Court Judge Tomie Green entered two identical orders "remanding with prejudice"² the criminal charges against Shelton. On December 28, 2005, Shelton filed his petition for reinstatement pursuant to Mississippi Rules of Discipline 6(b), alleging that the dismissal of the underlying charges which resulted in his suspension warranted immediate reinstatement. The Mississippi Bar objected to Shelton's petition, taking the position that Shelton was ineligible for reinstatement. While this Court found that Shelton was "eligible for reinstatement," it determined that "to warrant reinstatement ... Shelton's petition must satisfy the Rule 12 requirements." Shelton II, 987 So.2d at 901, 2006 WL 2907945, *3, 2006 Miss. LEXIS 551 at ¶ 7. Mississippi Rules of Discipline 12(a) provides that "[n]o person disbarred or suspended for a period of six months or longer shall be reinstated to the privilege of practicing law except upon petition to the Court." Petitioners for reinstatement have the burden of proving that they have met all the jurisdictional requirements of procedural Rule 12.7. See Shelton II, 987 So.2d at 902, 2006 WL 2907945, *1, 2006 Miss. LEXIS 551 at ¶ 3.

¶ 4. In Shelton II, this Court concluded that "there [were] many unanswered questions" concerning the facts and circumstances surrounding Shelton's initial arrest, indictment, and the eventual dismissal of the charges, and directed that a complaint tribunal conduct an evidentiary hearing to provide the additional information necessary for a determination of this matter. 987 So.2d at 904, 2006 WL 2907945, *6, 2006 Miss. LEXIS 551 at ¶ 18. This Court referred the matter to a complaint tribunal for an evidentiary hearing, directing that it should provide this Court with findings of fact, conclusions of law, and recommendations regarding Shelton's reinstatement. Id.

¶ 5. The complaint tribunal conducted an evidentiary hearing, taking live testimony and accepting forty-three exhibits. These exhibits, which were made available to the Court as a part of this record, include: (1) deposition testimony of Robert Taylor, former Hinds County Chief Assistant District Attorney; (2) affidavits from fourteen witnesses, including three members of the Mississippi Bar, attesting to Shelton's character; (3) affidavits from attorneys Jacqueline Pierce and Don Leland concerning the facts of the underlying case; (4) the affidavit of Luther Brantley, III, Executive Director of the Mississippi Commission on Judicial Performance; (5) transcripts of two phone calls between Shelton and Judge Houston Patton;³ (6) the transcript of a recorded meeting between Shelton, Patton and Shelton's client, James E. Jennings, Jr.; and (7) various court documents and other documentary evidence. The record also included two letters, not in affidavit form, opposing Shelton's reinstatement. The tribunal presented its findings of fact, conclusions of law, and recommendations to this Court on August 16, 2007. This Court issued an order requesting, inter alia, the following additional items: (1) a transcript of the complaint tribunal's hearing; (2) copies of all exhibits referenced in the tribunal's findings of fact and conclusions of law; and (3) a response by the Mississippi Bar. The Court received the requested exhibits on November 13, 2007. A response from the Bar was received on December 11, 2007. Finally, on January 4, 2008, the transcript of the tribunal's hearing was filed with the Court.

UNDERLYING FACTS OF SHELTON'S ARREST AND INDICTMENT⁴

¶ 6. Shelton's arrest arose from events which occurred during his representation of James E. Jennings, Jr. In late fall 1996, Jennings hired Shelton to represent him in a possible 42 U.S.C. § 1983 suit against Judge Houston Patton of the County Court of Hinds County. Jennings's claim against Judge Patton stemmed from a judgment which Jennings had received in Judge Patton's court.

Jennings's legal matters leading to Shelton's representation

¶ 7. In 1993, Jennings filed a malicious prosecution lawsuit against his ex-wife, Stacy A. Kenney, in Judge Patton's court. This case resulted in Judge Patton entering a $35,000 judgment for Jennings against Kenney on September 24, 1993. Less than one month later, Kenney filed a telephone harassment charge against Jennings in the Justice Court of Hinds County. An order and mittimus was signed by Justice Court Judge Clyde Chapman on February 1, 1994, to put Jennings in jail until bond was posted, and an arrest warrant was issued on February 11 by Justice Court Judge Raymond Bates. Jennings put up a bail bond with AA Bail Bond Company.

¶ 8. Later in February, Jennings received a letter informing him of a trial date setting in a case styled Stacy A. Kenney v. James Jennings, Jr. Since Jennings had neither been served with process nor received a copy of the complaint, he called the Hinds County Justice Court and was informed for the first time that a civil case had been filed. At trial, Jennings was sentenced to jail for contempt of court for not posting a $200 cash bond.⁵ Jennings, through counsel, requested a hearing before Judge Patton, and Judge Patton had Jennings released from jail. However, at a hearing before Judge Patton in early March, Jennings's bond was revoked, and he was sent back to jail.

¶ 9. On March 8, Jennings, while in jail, hired attorney Jacqueline Pierce to represent him. On March 14, after talking with the three different justice court judges who were involved in this matter, Pierce obtained an order to release Jennings. Judge Patton agreed to the order. While the order was being processed at the jail, Pierce met with Jennings's other attorney, Edwin Kirstine.⁶ Upon her return to the jail, she was informed that the order to release had been rescinded and that Jennings would remain in jail.

¶ 10. On the morning of March 15, Pierce spoke with Judge Patton in the foyer of the Hinds County Courthouse. When asked what it would take to get Jennings released from jail, Judge Patton told Pierce that she should get Jennings to sign an agreement to relinquish his right to the $35,000 judgment against Kenney. When Pierce told Judge Patton that this was illegal, Judge Patton turned from her and began speaking to someone else.⁷

¶ 11. It became clear to Pierce that Jennings would be released from jail only if he agreed to give up his judgment. She suggested this, and after much protest, Jennings finally agreed. After signing the agreement, he was immediately released from jail. During his incarceration, Jennings was not charged or tried for any alleged wrongful conduct. On January 27, 1997, Jennings filed a complaint against Judge Patton with the Mississippi Commission on Judicial Performance. Shelton was not involved in the filing of the complaint.

Jennings Hires Shelton

¶ 12. Shelton was first contacted by Jennings late in the fall of 1996. After being informed of the circumstances of Jennings's incarceration and the condition upon which he was released, Shelton believed that Jennings had a meritorious claim against Judge Patton. In February 1997, Shelton agreed to represent Jennings in this matter. In late March, Shelton contacted Judge Patton to discuss the possibility of a private settlement. No civil case had been filed by Jennings against Judge Patton.

¶ 13. Shelton met with Judge Patton personally on March 26. At that first meeting, Judge Patton stated that he was confident he had done nothing wrong in Jennings's case. Judge Patton inquired about the judicial performance complaint that had been filed by Jennings and stated that any settlement would have to include the condition that the complaint be withdrawn. Shelton replied that, though he did not know much about the complaint, he was sure that any ability to drop the complaint was out of Jennings's control. In the event of a...