73-3-333 - Resignation by accused attorney during course of disciplinary proceedings; procedure; effect; section provides exclusive method [Repealed effective December 31, 2015].
§ 73-3-333. Resignation by accused attorney during course of disciplinary proceedings; procedure; effect; section provides exclusive method [Repealed effective December 31, 2015].
At any stage of the disciplinary proceedings an accused attorney who is the subject of investigation may submit his resignation and agree to the entry by the court of a consent order of suspension or dismissal by submitting to the Board of Commissioners an affidavit stating that he desires to resign from the bar and to surrender his privilege to practice law, and that:
(a) His resignation is freely and voluntarily rendered; he is not being subjected to coercion or duress; and he is fully aware of the implications of submitting his resignation.
(b) He is aware that there is pending an investigation into allegations that he has been guilty of unprofessional conduct, the nature of which he shall specifically set forth.
(c) He acknowledges that the material facts upon which the complaint is based are true.
(d) He submits his resignation because he knows that if charges were predicated on the misconduct under investigation, he could not defend himself successfully against them.
Notwithstanding the provisions of Section 73-3-315(e) to the contrary, upon receipt of said affidavit, the investigation or disciplinary procedure shall terminate, and the Board of Commissioners will present to the court an agreed order to be entered by the court either suspending or disbarring said attorney by consent, as the particular circumstances of the matter may require in the discretion of the Board of Commissioners. Said order shall be a public record, and certified copies thereof shall be mailed to the judges of the circuit and chancery court districts within which the attorney resides.
Once a complaint has been filed against an attorney, this shall be the exclusive method for resignation pending the investigation and determination of said complaint, and no other resignation procedure will be permitted or recognized by the bar.
Sources: Laws, 1974, ch. 566, § 16; reenacted, 1983, ch. 302, § 41; Laws, 1991, ch. 526, § 44; reenacted, 1992, ch. 515, § 44, eff from and after July 1, 1992.