In Re Reinstatement of Holleman

826 So. 2d 1243, 2002 WL 1340977
CourtMississippi Supreme Court
DecidedJune 20, 2002
Docket2001-BR-01834-SCT
StatusPublished
Cited by31 cases

This text of 826 So. 2d 1243 (In Re Reinstatement of Holleman) 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 Holleman, 826 So. 2d 1243, 2002 WL 1340977 (Mich. 2002).

Opinion

826 So.2d 1243 (2002)

The Matter of the Petition for REINSTATEMENT to the Practice of Law OF Michael B. HOLLEMAN.

No. 2001-BR-01834-SCT.

Supreme Court of Mississippi.

June 20, 2002.

*1244 Boyce Holleman, Tim C. Holleman, Gulfport, attorneys for appellant.

Michael B. Martz, attorneys for appellee.

EN BANC.

EASLEY, J., for the court.

¶ 1. On November 12, 1998, this Court entered an Order disbarring Michael B. "Mike" Holleman (Holleman) from membership in The Mississippi Bar (the Bar) and revoking his privilege license to practice law in the State of Mississippi. The disbarment was based upon Holleman pleading guilty to a felony which falls with the purview of Rule 6 of the Mississippi Rules of Discipline (M.R.D.). In specific, the offense was possession of child pornography which was transported in interstate commerce in violation of 18 U.S.C. § 2252A(a)(5)(B) in the United States District Court for the Southern District of Mississippi, Southern Division, Criminal Cause No. 1:97cr51PG styled United States v. Michael B. Holleman. He was sentenced to serve eighteen months in prison and served approximately fifteen and one-half months of that sentence, having received credit for good behavior. He reported to federal custody on May 15, 1998, and was released on September 9, 1999.

¶ 2. Pursuant to the provisions of M.R.D. 12, Holleman had to wait three years from the date of his disbarment before he became eligible to file a petition for reinstatement. On or about November 27, 2001, approximately thirty-six months after he was disbarred, Holleman filed the instant Petition for Reinstatement to the Practice of Law.

FACTS

¶ 3. According to the Bar, Holleman was disbarred on November 12, 1998. Holleman seeks readmission to the Bar pursuant to M.R.D. 12 to return to the practice of law in the State of Mississippi. The cause of Holleman's disbarment was his conviction of a felony, one count of violating 18 U.S.C. § 2252A(a)(5)(B), possession of child pornography, in the United States District Court from the Southern District of Mississippi, on November 24, 1997. Other than the Bar, there are no persons, parties, firms, or legal entities that suffered pecuniary loss due to the improper conduct underlying the disbarment. However, Holleman has fully reimbursed the Bar for all costs incurred by it in the disbarment proceedings.

¶ 4. Holleman graduated from the University of Mississippi Law School, cum laude, in January 1981,[1] and engaged in the full-time practice of law in state and federal courts until he took inactive status in October 1997. For most of his career, Holleman practiced law with his two brothers and father in their Gulfport, Mississippi law firm, a firm established by his father.[2] In 1987, Holleman married, and together he and his wife had a son in 1994.[3]

*1245 ¶ 5. In late 1996 or early 1997, Holleman, while drinking heavily at his office, accessed some publically available computer images of child pornography on the internet. Holleman did not print any of the computer images, and after briefly viewing some of these images, he believed that he had deleted them from his computer. Following a seizure of Holleman's computer in February 1997, federal agents recovered these images from his computer hard-drive.

¶ 6. In September 1997, Holleman entered into a Continuing Living Contract with the Mississippi Lawyers and Judges Assistance Program (MLJAP), Betty M. Daugherty (Daugherty), Executive Director.[4] On October 17, 1997, Holleman surrendered his license to practice law, placing himself on disability inactive status pursuant to M.R.D. 17 and 24. Holleman assisted in the orderly transfer and/or disposition of all of his files, under the guidance and direction of Chancellor J.N. Randall, Jr., of the 8th Chancery Court District. On October 19, 1997, Holleman entered residential treatment at COPAC in Jackson, Mississippi, a treatment plan he completed over a period of five months.[5]

¶ 7. On November 24, 1997, Holleman pled guilty to one count of violating 18 U.S.C. § 2252A(a)(5)(B), possession of child pornography, based on the computer images recovered from his hard drive. The court held a sentencing hearing on March 18, 1998. The court sentenced Holleman to eighteen months and made an alternative finding in support of the sentence that Holleman established grounds for an early release based on his extraordinary rehabilitative efforts. Based on the underlying facts and the independent, concurring evaluations of two leading experts in the field, the court, in releasing Holleman on his own recognizance, made a specific finding on the record, applying the "clear and convincing" standard required in 18 U.S.C. § 3143, that he did not pose a threat to public safety.

¶ 8. On May 19, 1998, Holleman reported to a federal correctional institution, where he remained until released on September 9, 1999. This Court entered its order of disbarment based on conviction of a felony. Holleman was released on September 9, 1999, and moved to Louisiana in December 1999, after securing employment with the law firm of LeBlanc & Waddell, LLC (Le-Blanc & Waddell), in Baton Rouge, Louisiana. Holleman remains currently employed at the same law firm as a paralegal earning $60,000.00 a year. Since his disbarment, he has also continued to study the law, on his own, in his employment and through CLE attendance. On June 12, 2002, United States District Judge Charles W. Pickering, Sr., entered an order terminating Holleman's supervised release and discharging him from further supervision.[6]

¶ 9. Furthermore, Holleman has engaged in the following programs post disbarment: (a) voluntary submission to the rigorous requirements of MLJAP, under a five-year agreement; (b) voluntary admission to and successful completion of a plan of treatment at COPAC, a renowned addictions treatment facility in Brandon, Mississippi; (c) enmeshing himself in the Alcoholics Anonymous (AA) program for living, which teaches trust in God, honest and rigorous self-evaluation, making amends for all wrongs, except where such would cause others harm, and helping others; *1246 (d) voluntary submission to the Louisiana Assistance Program; (e) volunteering, at the request of the MLJAP, to help other lawyers in trouble with addictions; (f) volunteer work in AA, helping other lawyers and non-lawyers addicted to alcohol and/or drugs, or other addictive behaviors; (g) volunteer work for Feed My Sheep in Gulfport, Mississippi prior to moving to Louisiana; (h) volunteer work for Hospice Care of Louisiana, after moving to Louisiana; (i) volunteer work for the American Cancer Society and other charitable organizations in Louisiana; and (j) regular attendance at church, prayer group meetings, and 3-7 meetings a week of AA.

¶ 10. The Bar supports Holleman's petition for reinstatement of membership in the Bar and the reissuance of his license to practice law in this State as required by M.R.D. 12, subject to the following conditions:

1. Holleman not be reinstated to the practice of law until his reporting supervised release status expires or is terminated.
2.

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Cite This Page — Counsel Stack

Bluebook (online)
826 So. 2d 1243, 2002 WL 1340977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-reinstatement-of-holleman-miss-2002.