Mississippi Bar v. Shelton, 2003-BD-00159-SCT.
| Decision Date | 18 September 2003 |
| Docket Number | No. 2003-BD-00159-SCT.,2003-BD-00159-SCT. |
| Parties | The MISSISSIPPI BAR v. J. Keith SHELTON. |
| Court | Mississippi Supreme Court |
Michael B. Martz, for appellant.
Greg Snowden, Meridian, for appellee.
EN BANC.
COBB, Justice, for the court.
¶ 1. This matter is before this Court on the Mississippi Bar's Formal Complaint requesting disbarment of attorney J. Keith Shelton of Waynesboro, Mississippi; Shelton's Motion to Dismiss or in the Alternative to Designate a Rule 8 Complaint Tribunal; and the Bar's response to Shelton's motion. After carefully considering this matter, we conclude that Shelton pled guilty to a crime which triggers Rule 6 of the Rules of Discipline for the Mississippi Bar and that a plea under Rule 6(a) mandates immediate suspension from the practice of law. By order of June 30, 2003, this Court ordered J. Keith Shelton's name struck from the roll of attorneys, suspended Shelton as a member of the Mississippi Bar, and denied his Motion to Dismiss or in the Alternative to Designate a Rule 8 Complaint Tribunal. This opinion explains in more detail our reasons for that order.
FACTS
¶ 2. A formal complaint was filed by the Bar against Shelton on January 23, 2003, based upon Shelton's December 9, 2002, petition to enter a "best interest" plea1 in the Hinds County Circuit Court, First Judicial District, to charges of bribery brought pursuant to the provisions of Miss.Code Ann. § 97-11-11 & § 99-15-26 (Rev.2000). The indictment reads as follows:
That J. Keith Shelton and James E. Jennings, Jr ....on or about the 16th day of April, 1997 did willfully, unlawfully and feloniously, in violation of § 97-11-11, Mississippi Code, 1972, as Amended, promise and offer to give a thing of value and inducement to a certain public officer, namely, Houston J. Patton, who was then and there a duly elected and presently sitting County Court Judge in and for Hinds County, Mississippi, with the intent of the defendants, and each of them, to influence the action of said Houston J. Patton on a certain matter then pending and subject to the action or judgment of the said Houston J. Patton, specifically, a civil action in the County Court of the First Judicial District of Hinds County, Mississippi styled "James Jennings v. Stacy A. Kenney" and numbered CA55-937 in that the said defendants, and each of them, aided, abetted and assisted, each by the other, did offer and agree to assist in causing to be dismissed a complaint then pending against Houston J. Patton before the Mississippi Commission on Judicial Performance, said complaint having been filed by or on behalf of the defendant Jennings, in exchange for the said Houston J. Patton's executing an Order reinstating a judgment in favor of the defendant Jennings in the above-designated civil action, and for other considerations contrary to the form of the statute in such cases made and provided, and against the peace and dignity against the state of Mississippi.
DISCUSSION
¶ 3. The Bar asserts that Shelton pled guilty to a crime which triggers Rule 6 of the Rules of Discipline for the Mississippi Bar. Shelton contends that he has tendered what he describes as a best interest plea by which he continues to admit none of the facts or elements of the crime of which he has been charged. He also contends that the plea remains unaccepted by the trial court and may yet be withdrawn, and refers to the non-adjudication provisions of Miss.Code Ann. § 99-15-26, which provide in pertinent part the following:
¶ 4. Shelton maintains that, because he entered a "best interest" plea, the Formal Complaint filed by the Mississippi Bar does not fall within the appropriate scope of Rule 6 of the Rules of Discipline and, therefore, should be dismissed. Alternatively, Shelton argues that because Rule 6 has no proper application to his situation, a Complaint Tribunal should be designated pursuant to Rule 8 for the purpose of hearing and determining the facts underlying the charges set forth in the Formal Complaint. We find no merit to his argument.
¶ 5. Under our standard of review, this Court has exclusive and inherent jurisdiction regarding the discipline of attorneys as promulgated in the Rules of Discipline for the Mississippi State Bar. Miss. Bar v. McGuire, 647 So.2d 706, 708 (Miss.1994). We conduct a de novo review in cases involving the discipline of attorneys. See Miss. Bar v. Pels, 708 So.2d 1372, 1374 (Miss.1998)
.
¶ 6. Rule 6(a) of the Rules of Discipline for the Mississippi Bar provides:
(a) Whenever any attorney subject to the disciplinary jurisdiction of the Court shall be convicted in any court of any state or in any federal court, or enter a plea of guilty or a plea of nolo contendere therein, or tender a guilty plea pursuant to the provisions of Miss.Code Ann. §§ 99-15-26 (Supp.1993), or any similar provision in state or federal law therein of any felony (other than manslaughter) or of any misdemeanor involving fraud, dishonesty, misrepresentation, deceit, or willful failure to account for money or property of a client, a certified copy of the judgment of conviction or order accepting or acknowledging the offer or tender of a guilty plea pursuant to the provisions of Miss.Code Ann. §§ 99-15-26 (Supp.1993), or any similar provision in state or federal law shall be presented to the Court by Complaint Counsel and shall be conclusive evidence thereof. The Court shall then forthwith strike the name of the attorney and order his immediate suspension from the practice of law.
¶ 7. Shelton stated in his Petition to Enter a "Best Interest" Plea filed in the Hinds County Circuit Court, that "it is not in my best interest to not contest the charges as set forth in Cause Number 97-2-305 and pursuant to Miss.Code Ann. § 99-15-26." (emphasis added). It is abundantly clear, however, from the other provisions of the petition that he did, in fact, enter a valid plea of guilty. The usual requisite statements are found in the petition, including, inter alia, that his lawyer is fully informed and has advised him of the nature of the charges and the possible defenses he may have to the charge(s); that he understands that by pleading he is waiving all rights to a jury trial, to confront witnesses, to challenge the composition of the grand jury, and to testify in his own defense; that no one has made any promise or inducement of any kind to him; and that the maximum punishment that might be imposed upon him is ten years' imprisonment and a $5,000 fine, with no minimum imprisonment or fine. Additionally, he stated that "it is my understanding that the District Attorney will recommend to the Court that I receive a sentence as follows: If the Defendant Open pleas to 97-2-305 the state will remand 97-2-3072with final adjudication being left up to the Court." (emphasis in original). He also stated that "I offer my plea freely and voluntarily and of my own accord and with full understanding .... and this plea is with the advice and consent of my lawyer."
¶ 8. Further, Shelton's petition states that "my lawyer advised me that the elements of the charge to which I am pleading guilty (emphasis added) are as follows:
A person is guilty of bribery if they did wilfully, unlawfully, feloniously, and knowingly offer to give a thing of value and inducement to a certain public officer, who was then and There duly elected, with the intent to influence his vote, opinion, action or judgment on any matter which may be then pending or may be thereafter subject to vote, opinion, action, or judgment of such officer."
(emphasis in original).
¶ 9. Immediately following that statement, Shelton goes on to say (emphasis in original). Shelton gives no "following facts" other than to...
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In re Shelton
...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). His suspension was a result of his entry of a plea of guilty to charges of bribery of a judge, under the non-adjudicati......
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In re Shelton, No. 2005-BR-02366-SCT.
...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 petiti......