Mississippi Code
Miss. Code Ann. § 73-3-329 (2024)
Complaint tribunal; appeal from judgment; record on appeal; scope of review; rules of practice
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) The entire record of the proceeding of the complaint tribunal shall be filed with the clerk of the court within thirty (30) days after the conclusion of the hearing or within such additional time as the clerk, on motion therefor, may allow.
- (2) If no appeal from the judgment of the complaint tribunal is perfected within thirty (30) days from the date of said judgment, the judgment of the complaint tribunal shall be final.
- (3) Either the attorney or the Mississippi Bar shall have the right to an appeal to the court, which appeal shall be perfected within thirty (30) days of the date of the judgment of the complaint tribunal by the aggrieved party filing a notice of appeal with the clerk of the court.
- (4) The record on appeal shall consist of the formal complaint, all other pleadings, the transcript of the testimony and the written opinion and judgment of the complaint tribunal.
- (5) On appeal, the court may review all of the evidence and the law and the findings and conclusions of the complaint tribunal and it may make such findings and conclusions and render such order as it may find to be appropriate based upon the whole record.
- (6) The rules of practice and procedure for the filing of briefs and oral arguments governing appeals from the chancery or circuit courts of Mississippi shall apply to and govern appeals from the judgment of the complaint tribunals; provided, however, whenever possible, the court shall advance and expedite the cause on its docket.
- (7) Actions taken by the Supreme Court in suspending an attorney from the practice of law when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of the suspension of an attorney from the practice of law that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
Laws, 1974, ch. 566, § 14; reenacted, Laws, 1983, ch. 302, § 39; Laws, 1991, ch. 526, § 42; reenacted, Laws, 1992, ch. 515, § 42; Laws, 1996, ch. 507, § 25, eff. 7/1/1996.
Notes of Decisions
Cited in 5
cases, 1986–2003 · leading case: In Re Collins, 524 So. 2d 553 (Miss. 1988).
In Re Collins, 524 So. 2d 553 (Miss. 1988). “See, Miss. Code Ann. § 73-3-329 (Supp. 1987). Indeed, the only "wooden" construction here is that the majority "wouldn't" follow the simple meaning of plain words.”
Mississippi State Bar v. Young, 509 So. 2d 210 (Miss. 1987). “MSB has now appealed to this Court, see Miss. Code Ann. § 73-3-329 (3) (Supp. 1984), as supplanted by Rule 9, Rules of Discipline, MSB, requesting a de novo review and that upon Count One of its Complaint, Young be disbarred.”
Mississippi State Bar Ass'n v. Strickland, 492 So. 2d 567 (Miss. 1986). “It is a credit to him that he had two friends of such prominence appearing and ably defending him. A thorough and fair hearing was conducted.”
Mississippi Bar v. Sweeney, 849 So. 2d 884 (Miss. 2003). “This Court has exclusive and inherent jurisdiction of matters pertaining to attorney discipline, reinstatement, and appointment of receivers for suspended and disbarred attorneys.”
Brumfield v. Mississippi State Bar Ass'n, 497 So. 2d 800 (Miss. 1986). “Not only do we review the findings and conclusions of the Complaint Tribunal, but we review all the evidence and law, following which we make such findings and conclusions of law as we find appropriate, based upon the whole record.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.