Stewart v. The Mississippi Bar

• Decision Date: 18 September 2008
• Docket Number: No. 2008-BR-00138-SCT.,2008-BR-00138-SCT.
• Parties: Joe Gregory STEWART v. THE MISSISSIPPI BAR.
• Court: Mississippi Supreme Court

5 So.3d 344

Joe Gregory STEWART v. THE MISSISSIPPI BAR.

No. 2008-BR-00138-SCT.

Supreme Court of Mississippi.

September 18, 2008.

Michael B. Martz, attorney for appellant.

Adam Bradley Kilgore, Jackson, attorney for appellee.

EN BANC.

WALLER, Presiding Justice, for the Court.

¶ 1. Joe Gregory Stewart seeks reinstatement to the practice of law. Because Stewart's petition lacks sufficient justification for reinstatement, we deny the requested relief.

FACTS AND PROCEDURAL HISTORY

¶ 2. Stewart pleaded guilty to one count of conspiracy to commit extortion under color of official right in the United States District Court for the Northern District of Mississippi. See United States v. Stewart, No. 2:03CR00048-001 (N.D.Miss.2004). This felony charge was made against him for engaging in a pattern of paying Ferrell Hunter, a Tunica County Sheriff's deputy who cited Stewart's clients for driving under the influence (DUI), to intentionally absent himself from the justice court proceedings on the DUI citations.¹ Hunter's absence resulted in the dismissal of the cases against Stewart's clients. Stewart testified he self-reported this illegal activity to the Federal Bureau of Investigation. He was sentenced to serve three years on probation and to pay a $20,000 fine and a $100 special assessment. The probation term ended March 3, 2007.

¶ 3. Shortly after Stewart's guilty plea, the Mississippi Bar filed a complaint to have Stewart disbarred. Stewart did not respond to the complaint, and this Court disbarred him by order entered September 1, 2004. See Miss. Bar v. Stewart, 890 So.2d 900 (Miss.2004). Stewart did not file a motion for rehearing. This order imposed no additional conditions precedent to Stewart's petition for reinstatement.

¶ 4. Stewart filed his petition for reinstatement to the practice of law with this Court on January 22, 2008. The Bar deposed him eight days later and filed a response. Miss. R. Disc. 3; 12.8. Within the response, the Bar generally acknowledged that Stewart had met the jurisdictional prerequisites for filing his petition, and noted that Stewart had not taken the Mississippi Bar Examination. The Bar opposes his reinstatement on the basis that his misconduct was too egregious for readmission to be considered:

It is the Bar's position that Mr. Stewart should not be reinstated to the practice of law. While Mr. Stewart's handling of his personal matters since his disbarment and his expressed desire to enter the military should he be readmitted are admirable, the underlying misconduct which led to his criminal conviction violated the basic principles that attorneys must live by in order to honorably serve their clients, the courts, and the legal system. His misconduct was of such a serious nature that the Bar cannot support his reinstatement.

STANDARD OF REVIEW

¶ 5. The disbarred attorney seeking reinstatement carries the burden of proving that he has rehabilitated himself and has established the requisite moral character to entitle him to the privilege of practicing law. In re Holleman, 826 So.2d 1243, 1246 (Miss.2002). We review attorney petitions for reinstatement under a de novo standard and are not bound by any manifest-error or substantial-evidence rule. See In re Baker, 649 So.2d 850, 852 (Miss.1995).

DISCUSSION

I. JURISDICTIONAL PREREQUISITES

¶ 6. We find that Stewart's petition met the jurisdictional prerequisites for consideration. His petition was filed more than three years after this Court ordered his disbarment. Miss. R. Disc. 12.1. He took and passed the Multi-State Professional Responsibility Exam in November of 2007, with a scaled score of not less than 80. Miss. R. Disc. 12.5. While he has not taken the Mississippi Bar Exam, nothing in the rules of discipline require him to take this prior to petitioning this Court for reinstatement, and it is this Court's practice to grant reinstatement on the condition that the petitioner subsequently pass the bar exam. Miss. R. Disc. 12.5; see, e.g., In re McGuire, 912 So.2d 902 (Miss. 2005).

II. JURISDICTIONAL REQUIREMENTS ADDRESSED FOR REINSTATEMENT

¶ 7. As this Court has stated in the past, certain factors must be met prior to reinstatement:

The petitioner must: (1) state the cause or causes for suspension or disbarment; (2) give the name and current address of all persons, parties, firms, or legal entities who suffered pecuniary loss due to the improper conduct; (3) make full amends and restitution; (4) show that he has the necessary moral character for the practice of law; and (5) demonstrate the requisite legal education to be reinstated to the privilege of practicing law.

In re Benson, 890 So.2d, 888, 890 (Miss. 2004). Using these factors, this Court weighs Stewart's petition for reinstatement.

A. Cause for Disbarment.

¶ 8. Stewart's petition for reinstatement identifies his guilty plea as the cause for his disbarment. The offense for which Stewart pleaded guilty was not only a felony conviction of extortion, but one which undermined the integrity of our legal system.

B. Name of Anyone Suffering Pecuniary Loss.

¶ 9. Stewart alleges that no person, party, firm, or legal entity suffered pecuniary loss due to his improper conduct. Miss. R. Disc. 12.7. However, there is the possibility, assuming Stewart's clients were guilty, that the State suffered pecuniary loss in the amount of the applicable fine. Miss.Code Ann. § 99-19-73(1) (Rev. 2007). See e.g., Miss. Comm'n on Judicial Performance v. Gibson, 883 So.2d 1155 (Miss.2004) (court imposed fine equaling amount lost to municipality in fines and court costs); see also Miss. Comm'n on Judicial Performance v. Hartzog, 904 So.2d 981, 986 (Miss.2004) (suspended judge fined costs incurred by county to employ interim judge). Stewart made no mention of this or any other potential costs to the community in his petition for reinstatement. He paid the fine and special assessment imposed by the federal district court and paid the full costs and expenses related to his disbarment. Miss. R. Disc. 12.7.

C. Full Amends and Restitution.

¶ 10. The petition for reinstatement indicates Stewart paid the $500 investigatory fee to the Bar, as well as his fine and special assessment arising from the underlying felony. Miss. R. Disc. 12.7. No determination has been made of any pecuniary loss incurred by the state.

D. Rehabilitation and Requisite Moral Character.

¶ 11. The ultimate inquiry for this Court is whether Stewart has demonstrated sufficient rehabilitation in character and conduct for consideration of readmission:

This 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. In re Underwood, 649 So.2d 825, 828-29 (Miss.1995).

In re Flautt, 890 So.2d 928, 930 (Miss.2004).

¶ 12. Stewart submitted his own affidavit in support of his petition for reinstatement. The Bar also deposed Stewart as part of its investigation of Stewart's Petition for Reinstatement. We subdivide the relevant information provided in his petition and testimony as follows:

1. Civic, Church, and Charitable Involvement.

¶ 13. Stewart testified that before he began serving his three-year probation period, he and his family moved from Oxford to Gulfport, Mississippi. As evidence of his rehabilitation, Stewart cites community service, church involvement, and accommodations provided by the hotel he manages. Stewart performed fifty hours of community service as part of his court-ordered probation at a Gulfport Catholic church of which he is not a member. He stated that he is actively involved with his own church and that he is especially involved with his Sunday school class. Stewart submitted letters of appreciation from: (1) a speaker at a continuing legal education seminar for consideration and assistance in hosting the seminar at the hotel; (2) the president of Mississippi Power Company for holding rooms open at the hotel for its employees after Hurricane Katrina; (3) a church's hurricane cleanup crew for the use of the hotel's pool; (4) the Bayou View Elementary PTA for a $500 donation; (5) the executive director of Beauvoir for a donation of rooms at the hotel for out-of-town visitors and restoration crews to Beauvoir; and (6) the executive director of the Harrison County Habitat for Humanity for hosting weekly pool parties at the hotel for its staff. He also submits a certificate of appreciation dated August 10, 2006, from the Sons of the American Revolution for "outstanding support" when the hotel hosted pool parties for them. Stewart provided little or no information regarding the nature or extent of his personal involvement in the listed events.

2. Employment Since Disbarment.

¶ 14. Since his disbarment, Stewart has not engaged in the practice of law. He has worked at the Holiday Inn owned by his wife both during and after his probationary period. Stewart did not have any open cases at the time of disbarment and had successfully transferred all existing clients to his former law partner.

3. Personal Recommendations.

¶ 15. Stewart submitted letters of recommendation from the chancellor of the University of Mississippi, one faculty member of the University of Mississippi, one faculty member of the Mississippi College School of Law, a retired chancellor, and six members of the Bar in support of his petition for reinstatement.² These letters speak highly of Stewart's family and personal character, and recommend without reservation Stewart's reinstatement. These letters relate additional activities Stewart undertook that demonstrate his good character, including hosting weekly cookouts for cleanup volunteers and hosting foreign students. After publishing Stewart's intention to seek reinstatement for public comment,...