73-3-371 - Plea of nolo contendere; consent order of suspension or disbarment [Repealed effective December 31, 2015].
§ 73-3-371. Plea of nolo contendere; consent order of suspension or disbarment [Repealed effective December 31, 2015].
At any stage of the disciplinary proceedings, the board of commissioners may, in the exercise of its sole discretion, accept a plea of nolo contendere from the accused attorney and agree to the entry by the court of a consent order of suspension or disbarment of the accused attorney.
Notwithstanding the provisions of Section 73-3-315(e) to the contrary, upon the acceptance of a plea of nolo contendere 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.
For the purpose of determining the discipline to be imposed on the accused attorney, the board of commissioners shall consider a plea of nolo contendere as tantamount to proof of guilt of the offense or unprofessional conduct or personal disability to practice law on which said disciplinary proceeding was grounded.
Sources: Laws, 1974, ch. 566, § 26; reenacted, 1983, ch. 302, § 60; reenacted, 1991, ch. 526, § 63; reenacted, 1992, ch. 515, § 63, eff from and after July 1, 1992.