In Re Reinstatement of Baldwin

890 So. 2d 56, 2003 WL 22208752
CourtMississippi Supreme Court
DecidedSeptember 25, 2003
Docket2003-BR-00043-SCT
StatusPublished
Cited by5 cases

This text of 890 So. 2d 56 (In Re Reinstatement of Baldwin) 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 Reinstatement of Baldwin, 890 So. 2d 56, 2003 WL 22208752 (Mich. 2003).

Opinion

890 So.2d 56 (2003)

In the Matter of the Petition for REINSTATEMENT to the Practice of Law OF Gerald Keats BALDWIN, Jr.

No. 2003-BR-00043-SCT.

Supreme Court of Mississippi.

September 25, 2003.

*57 Gerald Keats Baldwin, Jr., pro se.

Michael B. Martz, attorney for respondent.

EN BANC.

McRAE, Presiding Justice, for the Court.

¶ 1. Gerald Keats Baldwin, Jr., petitions the Court for reinstatement to the practice of law following his disbarment in December of 1999 for felony possession of cocaine. Miss. Bar v. Baldwin, 752 So.2d 996 (Miss.1999). The Mississippi Bar opposes Baldwin's reinstatement, arguing that he has not provided clear and convincing evidence of his rehabilitation nor demonstrated a firm resolve to live a correct life. We agree with the Bar and deny his petition.

FACTS

¶ 2. This Court disbarred Gerald K. Baldwin, Jr.; a/k/a "Jerry Baldwin" (hereafter "Baldwin") on December 16, 1999, following his guilty plea in the Circuit Court of the First Judicial District of Hinds County, Mississippi, to a felony charge of cocaine possession. Miss. Bar v. Baldwin, 752 So.2d 996 (Miss.1999). Pursuant to Miss.Code Ann. § 41-29-150(d)(1) (1993), Baldwin was sentenced to one year under the supervision of the Mississippi Department of Corrections ("MDOC"), fined $3,000, and assessed all costs. The court also ordered that he attend an alcohol and drug treatment program as directed by the MDOC.

¶ 3. Pursuant to the provisions of Rule 12 of the Mississippi Rules of Discipline, Baldwin was required to wait three years from the date of his disbarment before becoming eligible to petition for reinstatement. Accordingly, Baldwin filed his petition in January, 2003 and was deposed by the Bar as part of the reinstatement process.

¶ 4. In his petition, Baldwin alleges that (1) no one suffered pecuniary loss as a result of his cocaine possession and that he paid the Bar all costs associated with this action; (2) he satisfactorily completed the one-year probation, having met monthly with his assigned probation officer and having paid all associated fines and fees; (3) he successfully completed a three-month drug and alcohol addiction program through COPAC[1]; (4) he has participated in various community and volunteer services, made financial contributions to the Special Olympics, the National Guard and police publications, and is a member of Pine Lake Baptist Church; (5) he has been employed by and is presently the managing partner of a medical supply company; and (6) he has kept abreast of Mississippi statutes and case law.

*58 ¶ 5. Baldwin also informs this Court that he complied with all orders of this Court dated on the date of his disbarment; that, in addition to having completed COPAC, he attended the Judges and Lawyers Assistance Program Meetings as well as AA meetings as recommended; that he is remorseful for the "terrible mistake" he made and the "embarrassment" he caused to his family and that he desires to "try and regain his children's respect as well as the respect of his friends and associates" in the Bar; that he is rehabilitated; and that his future plans are to practice law in Madison County if reinstated. Attached to Baldwin's petition are reinstatement recommendations of eight members of the Mississippi Bar.

¶ 6. Additionally, during Baldwin's deposition, the Bar requested documentary proof that he paid his fine and completed drug treatment. While Baldwin did not have that documentation, he advised this Court that he would be providing said proof. On April 29, Baldwin filed a copy of the circuit court order of dismissal discharging him from his probation based upon full payment of his fine and completion of drug treatment. However, no medical records were submitted to this Court to indicate that indeed Baldwin had completed drug treatment.

DISCUSSION

¶ 7. This Court has exclusive and inherent jurisdiction of matters pertaining to attorney reinstatement. Rules of Discipline for Miss. State Bar 1(a); Miss. Bar v. Sweeney, 849 So.2d 884, 887 (Miss.2003). We review petitions for reinstatement de novo. In re Parsons, 849 So.2d 852, 854 (Miss.2002). We also sit as trier of fact and therefore are not bound by substantial evidence or manifest error rules. Id.

¶ 8. Rule 12 of the Rules of Discipline governs reinstatement of disbarred attorneys. Rules of Discipline for Miss. State Bar 12; In re McGuire, 849 So.2d 880, 881 (Miss.2003). Specifically, reinstatement is contingent upon satisfaction of the following requirements: The petitioner must (1) include a list of names and addresses of persons, parties, firms, or legal entities who suffered pecuniary loss due to the attorney's misconduct; (2) show that he has made full amends and restitution or provide a statement to the effect that full amends and restitution is not appropriate or has been imposed; (3) that he has the requisite moral character to be reinstated; and (4) that he has the requisite legal learning to be reinstated to the privilege of practicing law. Id. (citing Miss. R. Discipline 12.7); In re Morrison, 819 So.2d 1181, 1183-84 (Miss.2001); In re Smith, 758 So.2d 396, 398 (Miss.1999); Burgin v. Miss. State Bar, 453 So.2d 689, 691 (Miss.1984).

¶ 9. While Baldwin must satisfy these enumerated requirements, this Court has consistently held that "the fundamental question to be addressed before reinstatement is the attorney's rehabilitation in conduct and character since the disbarment." In re McGuire, 849 So.2d at 881 (citing Burgin, 453 So.2d at 691) (citing Miss. State Bar Ass'n v. Wade, 250 Miss. 625, 167 So.2d 648 (1964)). "The burden of proving that he has rehabilitated himself and re-established the requisite moral character sufficient to entitle him to reinstatement is upon the Petitioner." Id. (citations omitted). Finally, as this Court recently reiterated:

A court in such a proceeding is not administering punishment; it is passing upon character. We do not believe it requires a long period to discipline and effect a rehabilitation of character. A firm resolve to live a correct life evidenced by outward manifestations sufficient to convince a reasonable mind *59 clearly that the person has reformed is only required. In restoring a disbarred attorney, the principal question is whether that particular attorney would be safe to assist in administering justice, if readmitted; and the effect of his readmission upon the conduct of others, while important, is a subsidiary consideration. A man who has redeemed himself and become worthy to be readmitted should not be kept out of the profession to which, perhaps, he has devoted much of his life and means, because others might, possibly, be led to do evil.

Id. (quoting Ex parte Marshall, 165 Miss. 523, 556, 147 So. 791, 798 (1933)). See also Miss. State Bar v. Gautier, 538 So.2d 772, 775 (Miss.1989).

I. BALDWIN'S REHABILITATION AND FULFILMENT OF THE ENUMERATED REQUIREMENTS OF RULE 12.

A. PECUNIARY LOSS.

¶ 10. No one suffered pecuniary loss as a result of Baldwin's cocaine possession. However, Baldwin was ordered to pay a $3,000 fine, which was fully paid. Consequently, an order of dismissal was granted upon conclusion of his probationary period.

B. FULL AMENDS.

¶ 11. Baldwin has paid the Bar all costs associated with this action as well as the required investigatory fee.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

A.B. v. Y.Z.
60 So. 3d 737 (Mississippi Supreme Court, 2011)
Daly v. Mississippi Bar
83 So. 3d 1262 (Mississippi Supreme Court, 2011)
In Re Prisock for Reinstatement to the Practice of Law
5 So. 3d 319 (Mississippi Supreme Court, 2008)
In re Reinstatement to the Practice of Law ex rel. Baldwin
987 So. 2d 961 (Mississippi Supreme Court, 2008)
In re Reinstatement to the Practice of Law of Shah
987 So. 2d 964 (Mississippi Supreme Court, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
890 So. 2d 56, 2003 WL 22208752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-reinstatement-of-baldwin-miss-2003.