In Re Dean

972 So. 2d 590, 2008 WL 151811
CourtMississippi Supreme Court
DecidedJanuary 17, 2008
Docket2006-SA-01610-SCT
StatusPublished
Cited by10 cases

This text of 972 So. 2d 590 (In Re Dean) 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
In Re Dean, 972 So. 2d 590, 2008 WL 151811 (Mich. 2008).

Opinion

972 So.2d 590 (2008)

In re Application of Earl Stephen DEAN: Earl Stephen Dean.
v.
Mississippi Board of Bar Admissions.

No. 2006-SA-01610-SCT.

Supreme Court of Mississippi.

January 17, 2008.

*593 Earl Stephen Dean, appellant, pro se.

Mary Jo Woods, Harold Edward Pizzetta, III, Jackson, attorneys for appellee.

EN BANC.

LAMAR, Justice, for the Court.

¶ 1. The Mississippi Board of Bar Admissions issued an adverse determination as to the character and fitness of applicant Earl Stephen Dean. Dean appealed the Board decision to the Chancery Court of Hinds County, which affirmed the Board's decision. Dean appeals the chancery court judgment, asserting that the Board's decision was not based on sufficient evidence and that it violated his constitutional rights of free speech and due process.

FACTS AND PROCEDURAL HISTORY

¶ 2. Appellant Earl Stephen Dean received his law degree from Thomas Cooley Law School in Lansing, Michigan, in January 2001. Dean filed for admission to the Mississippi Board of Bar Admissions ("Board") on March 21, 2002. The Committee on Character and Fitness ("Committee") held a hearing to consider Dean's application on August 23, 2002. The Committee submitted to the Board its recommendation to deny Dean's application. After reviewing the application, on November 14, 2002, the Board remanded Dean's application to the Committee for production of findings of fact and conclusions of law. The Committee submitted a substituted opinion, which again recommended denial, and accordingly, the Board denied Dean's application on January 30, 2003.

¶ 3. Dean petitioned the Board to review its decision pursuant to the Rules Governing Admission to the Bar, Rule 8, section 9. In April 2003, the Board held a hearing where Dean presented his arguments as to why the Board should reverse its previous decision. The hearing was made public at Dean's request, and a number of Dean's supporters attended. Before the Board issued a decision, in August 2003, Dean filed a petition for writ of mandamus with this Court. The Board entered an Order on October 2, 2003, staying further action on Dean's application pending the issuance of this Court's decision. This Court entered an Order on November 26, 2003, dismissing Dean's petition as untimely since he failed to exhaust the remedies available from the Board.

¶ 4. Due to the complexity of the case, the Board again remanded the case to the Committee. The Committee conducted a second hearing on August 25, 2005. The Committee found that Dean exhibited conduct evidencing: (1) dishonesty; (2) irresponsibility in business and professional matters; (3) engagement in the unauthorized practice of law; (4) violation of the reasonable rules of conduct governing many of his activities; (5) failure to exercise substantial self-control; and (6) mental and emotional instability. On those grounds the Board again denied Dean's application on September 22, 2005.

¶ 5. Dean filed a petition on October 3, 2005, to the Board to reconsider its second denial pursuant to Rule 8, section 9, but withdrew his petition on October 19, 2005. On October 24, 2005, Dean appealed the Board's decision to the Hinds County Chancery Court, which affirmed the Board's denial of Dean's application on *594 August 23, 2006. On September 18, 2006, Dean appealed the chancery court decision to this Court.

DISCUSSION

¶ 6. This Court, possessing exclusive power to admit persons to practice as attorneys in the courts of this State, adopted the Rules Governing Admission to the Mississippi Bar ("Bar Rules") on November 26, 1979. Miss. Bd. of Bar Admissions v. Applicant F, 582 So.2d 377, 378-379 (Miss.1991) (citing Miss.Code Ann. § 73-3-2 (1989, Recompiled)). Bar Rules, Rule 8, section 10, provides that, on appeal of an adverse Board decision to the chancery court, "[t]he Board's decision may be reversed by the Chancery Court only if the applicant proves by a preponderance of the evidence in the record before the Board that denial of his application was arbitrary, capricious, or malicious." This is the familiar standard used in judicial review of other administrative licensing decisions in this state. Applicant F, 582 So.2d at 379 (citing Melody Manor Convalescent Ctr. v. Miss. State Dep't of Health, 546 So.2d 972, 974 (Miss.1989); Mainstream Savings & Loan Ass'n v. Washington Fed. Savings and Loan Ass'n, 325 So.2d 902, 903 (Miss. 1976)). This Court applies the same standard mandated to the chancery court; however, it reviews the Board decision de novo. Applicant F, 582 So.2d at 379. Further, this Court affords great deference to an agency's interpretation of statutes and rules which govern its operation. Hayes v. Pub. Employees' Ret. Sys., 960 So.2d 471, 473 (Miss.2007) (citing Elec. Data Sys. Corp. v. Miss. Div. of Medicaid, 853 So.2d 1192, 1202 (Miss.2003)). Therefore, this Court will reverse the Board's decision only upon finding that it was "arbitrary, capricious or malicious" in that it was unsupported by substantial evidence or violated a constitutional right of the party. See Hayes 960 So.2d at 473-74; Applicant F, 582 So.2d at 379.

¶ 7. The Bar Rules prescribe the procedure for admission to the Mississippi Bar, including the guidelines for satisfying the character and fitness portion of the admission requirements. Rule 8, section 6, provides the standards for disqualification of an applicant. It reads:

The Committee shall recommend that the applicant not be admitted to practice law in Mississippi if, in the judgment of the Committee, the applicant has exhibited conduct substantially evidencing an inclination:
A. To be dishonest;
B. To take unfair advantage of others;
C. To be disloyal to those to whom loyalty is legally owed;
D. To be irresponsible in business or professional matters;
E. To support or advocate the overthrow of the government of the United States by force;
F. To unlawfully engage in the practice of law while not being so licensed;
G. To violate reasonable rules of conduct governing activity in which applicant has engaged;
H. To fail to exercise substantial self-control, including excessive and continuing violation of traffic rules, the improper use of drugs, and the excessive use of alcohol;
I. To be mentally or emotionally unstable to the extent that applicant is not suited for the practice of law.

Rule 8, § 6. "The burden is on the applicant to establish to the reasonable satisfaction of a majority of the Committee that he possesses such character and qualifications as to justify his admission to the Bar and *595 qualify him to perform the duties of an attorney and counselor at law." Rule 8, § 7.

¶ 8. The Committee determined Dean had exhibited disqualifying conduct from Rule 8, section 6, including: dishonesty (section 6(A)); irresponsibility in business or professional matters (section 6(D)); unauthorized practice of law (section 6(F)); violation of reasonable rules of conduct (section 6(G)); failure to exercise self-control (section 6(H)); and mental and emotional instability (section 6(I)). Dean raised five issues refuting the Board's finding.[1]

I. Whether Applicant Was Dishonest with the Board.

¶ 9.

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Cite This Page — Counsel Stack

Bluebook (online)
972 So. 2d 590, 2008 WL 151811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dean-miss-2008.