Petition of Robb

702 So. 2d 423, 1997 WL 731821
CourtMississippi Supreme Court
DecidedNovember 26, 1997
Docket97-BR-00032-SCT
StatusPublished
Cited by5 cases

This text of 702 So. 2d 423 (Petition of Robb) 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
Petition of Robb, 702 So. 2d 423, 1997 WL 731821 (Mich. 1997).

Opinion

702 So.2d 423 (1997)

In re Petition of Robert Charles ROBB, III, for Reinstatement to Practice Law.

No. 97-BR-00032-SCT.

Supreme Court of Mississippi.

November 26, 1997.

R. Charles Robb, III, Vicksburg, pro se.

Michael B. Martz, Jackson, for respondent.

En Banc.

MILLS, Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. On June 20, 1996, the Mississippi Supreme Court suspended Robert Charles Robb III from the practice of law in the State of Mississippi for six months, effective July 1, 1996. See Mississippi Bar v. Robb, 684 So.2d 615 (Miss. 1996). The Court found Robb to be in violation of Uniform Chancery Court Rule 5.04 and Rules 3.4(c), 4.1(a), 4.4, and 8.4(a),(c) & (d) of the Mississippi Rules *424 of Professional Conduct. The suspension stemmed from an incident where Robb obtained a civil contempt order against the opposing party in a property settlement matter. Robb failed to notify opposing counsel of the order and "ambushed" the opposition at a deposition by prearranging for the deputy sheriff to arrive and arrest the opposing party.

¶ 2. After a bar complaint was filed, the Complaint Tribunal ordered a public reprimand. Aggrieved, the Mississippi Bar appealed the case to the Mississippi Supreme Court. The Court ordered a six-month suspension for Robb. Following his suspension, Robb petitioned the United States Supreme Court for Writ of Certiorari challenging this Court's order. On January 21, 1997, Robb filed a Petition for Reinstatement to the Practice of Law in this State pursuant to Rule 12 of the Rules of Discipline for the Mississippi State Bar. On February 18, 1997, the Mississippi Bar filed an answer recommending that the Court deny Robb's Petition for Reinstatement.

ANALYSIS

¶ 3. "Rule 12 of the Rules of Discipline governs the reinstatement of attorneys who have been disbarred or suspended." See In re Petition of Medley, 687 So.2d 1219 (Miss. 1997); see also Burgin v. Mississippi State Bar, 453 So.2d 689, 690 (Miss. 1984). Rule 12.7 requires:

All reinstatement petitions shall be addressed to the Court, shall state the cause or causes for suspension or disbarment, give the names and current addresses of all persons, parties, firms, or legal entities who suffered pecuniary loss due to the improper conduct, the making of full amends and restitution, the reasons justifying reinstatement, and requisite moral character and legal learning to be reinstated to the privilege of practicing law.
Rules of Discipline for the Mississippi State Bar, Rule 12.7.

¶ 4. The fundamental issue posed by a petition for reinstatement is the attorney's rehabilitation in conduct and character since disbarment or suspension. Burgin, 453 So.2d at 691. The burden is on the Petitioner to prove that he has been rehabilitated sufficiently to entitle him to reinstatement. Id. The burden of proof of a suspended attorney petitioning for reinstatement is not the same or as great as that demanded of one who has been disbarred. Haimes v. Mississippi State Bar, 551 So.2d 910, 912 (Miss. 1989).

FULL RESTITUTION AND AMENDS TO THOSE SUFFERING PECUNIARY LOSS

¶ 5. In support of his petition, Robb submits that all civil suits arising from his unprofessional conduct have been settled or dismissed with prejudice. Accordingly, he contends that he has made full restitution and amends to all parties experiencing a pecuniary loss arising from his actions. The Mississippi Bar neither admits nor denies this assertion. However, the Bar does state that Robb "has probably satisfied the requirements."

REQUISITE LEGAL LEARNING

¶ 6. Robb contends that he possesses the requisite legal learning to be reinstated. Robb graduated from the University of Mississippi School of Law in 1979. Before the suspension, Robb was licensed in all courts of the State of Mississippi. He has maintained two offices for the past fifteen years working primarily in the fields of bankruptcy, personal injury and worker's compensation. Since his suspension, Robb asserts that he has updated his computer system to conform to new rules and case law, read monthly supplements of bankruptcy cases, continued his membership in the Mississippi Bankruptcy Conference and the Fifth Circuit Court of Appeals Bar, attended a bankruptcy seminar for CLE credit and obtained a passing score of 114 after he voluntarily sat for the Multistate Professional Responsibility Exam.

¶ 7. For the most part, the Mississippi Bar neither admits nor denies Robb's statements. However, the Bar submits that Robb's MPRE score was neither certified nor attested. In addition, the Bar contends that Robb did not attach a proof of attendance form from the CLE seminar. The Bar does admit *425 that Robb "probably has satisfied the requirements."

REASONS JUSTIFYING REINSTATEMENT

¶ 8. To further justify his reinstatement, Robb admits in the filing presently before this Court that the actions that resulted in his suspension were wrong and he promises not to repeat such actions. He also now recognizes the power of this Court to supervise and discipline his future practice of law. Robb also points to his actions following the suspension to notify all clients, courts and opposing parties regarding his suspension in strict compliance with Rule 11 of the Rules of Discipline to allow for an efficient transition in his absence. Finally, Robb argues that the public and the Mississippi Bar have been fully vindicated by the punishment, and the resulting negative publicity, that he received.

¶ 9. The Mississippi Bar neither admits nor denies most of the assertions offered by Robb. However, the Bar "denies that it and the public have been fully vindicated."

REHABILITATION AND REQUISITE MORAL CHARACTER

¶ 10. Finally, Robb addresses the requisite moral character to be reinstated. In support, Robb cites several examples of his moral character: his stable family situation, his reliance on the income from his law practice[1], no criminal convictions, no drug or tobacco use, volunteer readings for Public Radio of Mississippi and participation in the campaigns of Martin Pace and Gerald Hosemann. Robb also submits eight (8) letters of recommendation from members of the Mississippi Bar. The letters of recommendation were submitted by Honorable Charles Brewer, Honorable James Cothren, Judge Gerald Hosemann, Honorable John Paxton, Honorable Eugene Perrier, Honorable Selene Maddox, Honorable Roy Perilloux and Honorable Marcie Southerland.[2] This Court considers letters of recommendation to be admissible evidence of character. Ex Parte Marshall, 165 Miss. 523, 551, 147 So. 791, 796 (1933).

¶ 11. The Mississippi Bar contends that Robb does not have the requisite moral character to be reinstated and submits four (4) incidents for the Court to consider.

FIRST INCIDENT

¶ 12. The first incident involves charges of simple assault and possession of a concealed weapon filed against Robb. On September 25, 1996, Gloria Fisher, a Delchamps grocery store employee, filed a "Citizen Complaint Report" with the Vicksburg Police Department. The report states:

Charles (Robb) walked in the deli and asked: "Was there stale donuts?" I said "yes" and I said to him I don't fool with you. He walked behind the deli counter and I turned around. He had a gun pointed at me. He said "I will shoot you."

¶ 13.

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Related

In Re Shelton
987 So. 2d 898 (Mississippi Supreme Court, 2006)
McGuire v. the Mississippi Bar
798 So. 2d 476 (Mississippi Supreme Court, 2001)
In re Petition for Reinstatement to the Practice of Law of Shah
797 So. 2d 199 (Mississippi Supreme Court, 2000)
In Re Steele
722 So. 2d 662 (Mississippi Supreme Court, 1998)
In re Robb
710 So. 2d 1218 (Mississippi Supreme Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
702 So. 2d 423, 1997 WL 731821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petition-of-robb-miss-1997.