McGuire v. The Mississippi Bar, 2000-BR-01097-SCT.

• Decision Date: 21 June 2001
• Docket Number: No. 2000-BR-01097-SCT.,2000-BR-01097-SCT.
• Citation: 798 So.2d 476
• Parties: Jimmy D. McGUIRE v. THE MISSISSIPPI BAR.
• Court: Mississippi Supreme Court

798 So.2d 476

Jimmy D. McGUIRE v. THE MISSISSIPPI BAR.

No. 2000-BR-01097-SCT.

Supreme Court of Mississippi.

June 21, 2001.

Jimmy D. McGuire, pro se.

Michael B. Martz, Jackson, Attorney for Appellee.

EN BANC.

MILLS, Justice, for the Court:

¶ 1. On May 15, 1997, this Court entered an order disbarring Jimmy D. McGuire from membership in The Mississippi Bar and revoking his license to practice law in the State of Mississippi. Mississippi Bar v. McGuire, 694 So.2d 674 (Miss.1997); see also Mississippi Bar v. McGuire, 647 So.2d 706 (Miss.1994)

. Our decision was based upon McGuire's felony conviction in the United States District Court for the Southern District of Mississippi for filing a false currency reporting form as required by the IRS. See United States v. McGuire, 99 F.3d 671 (5th Cir.1996) (en banc),

cert. denied, 520 U.S. 1251, 117 S.Ct. 2407, 138 L.Ed.2d 174 (1997). McGuire was taped conspiring with purported drug trafficking clients (who were actually undercover agents) to accept cash payments in a manner shielding the source and purpose of the cash in violation of federal law. In the process he advised these purported drug dealers of routes of travel that they could use to avoid detection in their drug trafficking. Though McGuire was acquitted on other counts, he received the maximum sentence because he was involved in other money laundering schemes and he attempted to obstruct justice in his trial.

¶ 2. McGuire now petitions this Court, seeking reinstatement to the practice of law. The Bar does not take a position concerning McGuire's Petition for Reinstatement to membership in the Bar and the reissuance of his license to practice law in this State except as is required by Rule 12, Mississippi Rules of Discipline.

DISCUSSION

¶ 3. Reinstatement to the practice of law is governed by Rule 12 of the Mississippi Rules of Discipline. In re Petition of Robb, 702 So.2d 423, 424 (Miss.1997). Rule 12.7 specifically describes the jurisdictional requirements of reinstatement petitions as follows:

All reinstatement petitions shall be addressed to the Court, shall state the cause or causes for suspension or disbarment, give the names and current addresses of all persons, parties, firms, or legal entities who suffered pecuniary loss due to the improper conduct, the making of full amends and restitution, the reasons justifying reinstatement, and requisite moral character and legal learning to be reinstated to the privilege of practicing law. Upon filing, the petition shall be served on, and an investigatory fee of $500.00 shall be paid to the Bar, same to be in addition to any other sum due the Bar, or persons injured by the petitioner's improper conduct. The matters set out in this paragraph shall be jurisdictional.

¶ 4. "The Court's fundamental inquiry is whether [the attorney] has rehabilitated himself in conduct and character since the suspension was imposed." In re Mathes, 653 So.2d 928, 929 (Miss.1995). "A firm resolve to live a correct life evidenced by outward manifestation sufficient to convince a reasonable mind clearly that the person has reformed is only required." Williams v. Mississippi State Bar Ass'n, 492 So.2d 578, 580 (Miss.1986).

¶ 5. McGuire fails to satisfy this Court that he has effectively rehabilitated himself "to the point that he should enjoy a license to practice law." In re Reinstatement of Massey, 722 So.2d 452, 453 (Miss.1998) (hereinafter Massey III). For this reason, his petition for reinstatement is denied.

¶ 6. The Bar deposed McGuire on July 25, 2000, as part of its investigation of McGuire's Petition for Reinstatement. McGuire voluntarily submitted to the deposition. He provided the Bar with only one letter of recommendation in support of his petition for reinstatement at the time he was deposed. Since that time, however, McGuire has provided this Court with thirty personal letters of recommendation.

¶ 7. Since his release from prison, McGuire has not been engaged in any type of community service activities, but he does attend United Methodist Church on a regular basis. Rule 11(c) of the Mississippi Rules of Discipline provides that a suspended attorney shall perform certain acts including:

(1) notify all clients of his disbarment, suspension or resignation and his consequent inability to act as an attorney after the effective date of his disbarment, suspension or resignation; (2) notify each client involved in pending litigation or administrative proceedings and the attorney or attorneys for each adverse party in such proceedings, of his disbarment, suspension or resignation and consequent inability to act as an attorney after the effective date of his disbarment, suspension, or resignation; (3) advise each client promptly to substitute another attorney or attorneys in his place or to seek legal advice elsewhere; and (4) notify all elected courts and agencies of his disbarment, suspension, and consequent inability to act as an attorney after the effective date thereof; and (5) give such other notice as the disciplinary agency last having jurisdiction may direct in the public interest.

Upon being questioned by the Bar, McGuire indicated that he was not aware of the requirement of notifying all courts, agencies, and clients of his disbarment, and notifying his clients to retain alternate counsel. However, McGuire asserts in his response that at the time of his disbarment he had no clients to notify as he had been in the federal prison camp in Talledega, Alabama, for nearly six months. McGuire also testified that although he did not notify opposing counsel and courts of his disbarment and felony conviction, it was well known throughout the community.

¶ 8. Some of the letters in support of McGuire's reinstatement express chagrin over his "harsh" treatment for failing to properly fill out an "IRS Form." The tenor of the letters indicates that the writers are not aware of the serious nature of McGuire's offenses. He violated far more serious laws than failing to properly fill out an IRS form. In a letter to the Mississippi Bar, Assistant U.S. Attorney Ruth Morgan provided the following information:

In his petition for reinstatement, Mr. McGuire mis-characterizes the basis for his conviction as a simple mistake on a form. In reality, the facts proved at trial showed that he devised an intricate money laundering scheme with people he thought were cocaine dealers (who were actually undercover agents).... [T]he 5th Circuit panel observed "[the information generating the [undercover] investigation was well-documented at trial. Several ex-clients testified that McGuire routinely required large cash payments in the tens of thousands of dollars and refused to give receipts. Other individuals offered testimony about large amounts of cash observed in McGuire's home and about large purchases made with cash."

* * *

In devising the money laundering scheme, Mr. McGuire advised the undercover agents, who were posing as his clients, to lie about where the money came from, and he even suggested ideas for the lies they could tell the police and the government about where they got the money. He also told them which highways to avoid traveling on to avoid being stopped by the police while they were hauling drugs or drug money.

¶ 9. United States District Judge David Bramlette stated the following to McGuire at the sentencing hearing:

The responses that you made, Mr. McGuire,

...