Grist v. Farese

860 So. 2d 1182, 2003 WL 22145847
CourtMississippi Supreme Court
DecidedSeptember 18, 2003
Docket2003-EC-01216-SCT
StatusPublished
Cited by14 cases

This text of 860 So. 2d 1182 (Grist v. Farese) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grist v. Farese, 860 So. 2d 1182, 2003 WL 22145847 (Mich. 2003).

Opinion

860 So.2d 1182 (2003)

Don GRIST
v.
Steven E. FARESE, Sr. and Anthony L. Farese.

No. 2003-EC-01216-SCT.

Supreme Court of Mississippi.

September 18, 2003.

W. Terrell Stubbs, Mendenhall, attorney for appellant.

Steven Ellis Farese, Sr., and Anthony L. Farese, pro se.

David Lee Robinson, Ashland, attorneys for appellees.

EN BANC.

SMITH, Presiding Justice, for the Court.

¶ 1. This electoral candidate qualification case involves an appeal from the decision of the Hinds County Circuit Court which found that Don Grist was not qualified as a candidate for the office of District Attorney *1183 for the Third Circuit Court District. Both Grist and those opposing his candidacy appealed the circuit court's decision. Because of the August 5, 2003, party primary election we have given this appeal expedited consideration. By order of July 22, 2003, we previously affirmed the circuit court's judgment and noted that our opinion would issue in due course. After consideration of the matter we find that the judgment of the circuit court should be affirmed, but on a different basis than that determined by the circuit court.

FACTS

¶ 2. In 1998 Don Grist was serving the last year of a term as chancellor for the Eighteenth Chancery Court District. Three complaints were filed against Grist with the Mississippi Commission on Judicial Performance in 1996-97. These complaints were consolidated into one complaint. On September 17, 1998, Grist and the Commission resolved the consolidated complaint by entering into a Memorandum of Understanding. In the Memorandum Grist agreed to withdraw as a candidate in the pending election for chancellor for the Eighteenth Chancery Court District and not to seek state judicial or legislative office, including appointment as a special judge by the Mississippi Supreme Court, at any time in the future. Grist was allowed to serve out the remainder of the term he was serving, which ended on December 31, 1998. Grist also agreed to recuse himself from any action involving Farese, Farese, & Farese, P.A. Steven E. Farese, Sr. and Anthony L. Farese are partners in this firm.

¶ 3. On March 8, 2003, certain attorneys ("Petitioners") from the Third Circuit Court District filed a Petition Requesting Non-Qualification of Candidate before the State Executive Committee of the Democratic Party of the State of Mississippi. The petition alleged that Don Grist had filed qualifying papers to seek election to the office of District Attorney for the Third Circuit Court District of Mississippi in the Democratic Primary Election in the 2003 Election Year. Petitioners alleged that Grist had not been engaged in the practice of law since December 31, 1998, that he was not an active member of the Mississippi Bar, and therefore did not meet the statutory qualifications for the position of District Attorney, Miss.Code Ann. § 25-31-1 (Rev.2003). The petition further stated Grist had not complied with Rule 3 of the Rules and Regulations for Mandatory Continuing Legal Education. The petition finally asked that the Executive Committee take appropriate action such that Grist's name not appear on the ballot for the office in question.

¶ 4. On March 15, 2003, the Executive Committee denied the petition and determined that Grist was qualified to serve in the office of District Attorney if elected.

¶ 5. Pursuant to Miss.Code Ann. § 23-15-961 (Rev.2001), two of the petitioners, Steven E. Farese, Sr., and Anthony L. Farese, filed a Petition for Judicial Review in the Hinds County Circuit Court, First Judicial District on March 21, 2003. The petition alleged that Don Grist was not legally qualified to have his name placed on the ballot for District Attorney. The petition contained the following allegations: (1) that Grist was not a regular licensed and practicing attorney; (2) that Grist was not enrolled as an active member of the Mississippi Bar and had not complied with the Rules and Regulations for Mandatory Continuing Legal Education; and (3) that Grist was not authorized to practice law because he had been suspended from the practice of law and required an order from the Supreme Court before he could be reinstated to active status. The petition asked that Grist be *1184 disqualified as a candidate for District Attorney.

¶ 6. This Court appointed Circuit Judge William E. Chapman, III, to preside in this matter pursuant to Miss.Code Ann. § 23-15-961(5) (Rev.2001).

¶ 7. On April 22, 2003, Don Grist filed his Answer to Petition for Judicial Review and Counter Petition for Relief. Grist denied that he was not legally qualified to have his name placed on the ballot for District Attorney for the Third Circuit Court District.

¶ 8. A hearing was held on the matter on May 27, 2003. The Fareses called the following witnesses: William M. Bost, Jr., who had served as member, chairman and special prosecutor for the Commission on Judicial Performance; Luther T. Brantley, III, executive director of the Commission on Judicial Performance; Don Grist, adversely; and Teresa Robinson, membership records administrator for the Mississippi Bar. Don Grist called Perry Tedford, who testified that Grist was representing him on a social security disability case, and Grist testified in his own behalf. The circuit court made the following findings of fact as a result of the hearing:

Regarding the issue of whether Grist is a practicing attorney, [Perry] Tedford testified he had sought Grist out for advice on a social security matter, and that he talked to Grist around September 2002, and again in January 2003. Tedford further testified Grist directed him to an attorney, Gary Parvin of Grenada.
Grist does not have a file regarding Tedford, has not executed any documents claiming to be Tedford's representative, does not have a fee arrangement with Tedford, has not written any letters to anyone on Tedford's behalf and has not received any letters from anyone concerning Tedford. Further, neither Grist nor Tedford has executed any appointment of representative form advising the Social Security Administration that Grist was Tedford's attorney. Tedford did, however, testify that Grist had performed a title search for him in about 1998. Grist was a Chancellor in 1998 and, of course, was prohibited from practicing law then as well as during the times Tedford testified to have talked to Grist around September 2002, and again in January 2003.
Grist's testimony concerning another purported client was that he had helped the father of an individual by the name of Brenda Cook ("Cook") when she was incarcerated in the Calhoun County Jail for writing bad checks. Grist further testified he spoke with the public defender, Paul Moore, of Calhoun County and with the County Attorney, Terry James. Grist admitted he was never Cook's attorney and that he did not receive a fee for any service he provided to her father. He also admitted he does not have a file regarding Cook and that has never sent any correspondence to anyone regarding Cook either.
Grist also testified that he may possibly have another client in the near future.

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Cite This Page — Counsel Stack

Bluebook (online)
860 So. 2d 1182, 2003 WL 22145847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grist-v-farese-miss-2003.