The Mississippi Bar v. Richard L. Reynolds

CourtMississippi Supreme Court
DecidedSeptember 23, 2021
Docket2021-BD-00435-SCT
StatusPublished

This text of The Mississippi Bar v. Richard L. Reynolds (The Mississippi Bar v. Richard L. Reynolds) 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
The Mississippi Bar v. Richard L. Reynolds, (Mich. 2021).

Opinion

Serial: 238316 IN THE SUPREME COURT OF MISSISSIPPI

No. 2021-BD-00435-SCT

THE MISSISSIPPI BAR

v.

RICHARD L. REYNOLDS

ORDER OF DISBARMENT

¶1. Richard L. Reynolds, a Mississippi licensed attorney, pled guilty to a felony on

December 15, 2020, in a Texas federal court. The Mississippi Bar has filed its formal

complaint seeking disbarment. Louisiana and Texas, where Reynolds is also barred, have

disciplinary actions pending. Reynolds suggests that judicial economy dictates Mississippi

await another jurisdiction’s decision. He asks that Mississippi defer until a final decision is

made in Louisiana and that his discipline would be dependent upon what Louisiana decides.1

We decline and instead disbar Reynolds and revoke his license to practice law in this state.

¶2. The Mississippi Bar, under Rules 6 and 13 of the Rules of Discipline for the

Mississippi State Bar, filed a formal complaint against Reynolds seeking immediate

suspension and disbarment.2 Reynolds urges this Court to suspend these proceedings against

1 Reynolds is also barred in Texas. The record does not reveal what action, if any, is occurring in Texas. 2 The Supreme Court of Louisiana has already suspended Reynolds from the practice of law on an interim basis while it continues proceedings against him. The Supreme Court of Tennessee suspended Reynolds from the practice of law pending further orders. him until his disciplinary process is final in Louisiana and then to impose discipline

reciprocal to what is adjudicated in Louisiana.

¶3. Reynolds was licensed in Mississippi on May 5, 2004. On December 10, 2020,

Reynolds pled guilty to misprision of a felony, having violated 18 U.S.C. § 4, in the United

States District Court for the Northern District of Texas.

¶4. “This Court has ‘exclusive jurisdiction and inherent jurisdiction of matters pertaining

to attorney discipline.’” Miss. Bar v. Galloway, 118 So. 3d 558 (Miss. 2013) (internal

quotation marks omitted) (quoting McIntyre v. Miss. Bar, 38 So. 3d 617, 622 (Miss. 2010)).

Reynolds is a licensed attorney in the state of Mississippi. He is subject to the disciplinary

jurisdiction of this Court, yet he asks this Court to ignore our jurisprudence and to await the

action of a sister state.

¶5. Reynolds, a licensed Mississippi attorney, pled guilty to a felony under 18 U.S.C. §

4, misprision of a felony.3 18 U.S.C. § 4 reads:

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

18 U.S.C. § 4. Misprision is classified as a Class E Felony. 18 U.S.C. § 3559(a)(5). Reynolds

served a sentence of six months and was ordered to pay a fine in the amount of $25,000.

¶6. This Court has held that “[p]ursuant to [Rule 6(a)], entry of a plea of guilty to a felony

mandates automatic disbarment.” Miss. Bar v. Murphy, 675 So. 2d 845 (Miss. 1996) (citing

3 This Court takes judicial notice of United States v. Reynolds, No. 3:20-cr-00227-M, (N.D. Tex. 2020), pursuant to Mississippi Rule of Evidence 201.

2 Miss. Bar v. Sykes, 637 So. 2d 192 (Miss. 1994)). Rule 6(a) states:

Whenever any attorney subject to the disciplinary jurisdiction of the Court shall be convicted in any court of any state or in any federal court, or enter a plea of guilty or pleas of nolo contendere therein . . . shall be presented to the Court by Complaint Counsel and shall be conclusive evidence thereof. The Court shall then forthwith strike the name of the attorney and order his immediate suspension from the practice law.

M.R.D. 6(a). Rule 6(d) reads in pertinent part that “[w]hen time for appeal from judgment

or conviction . . . expires or all appeals have been concluded without reversal, Complaint

Counsel shall certify that result to the Court, and the Court shall forthwith enter an order of

disbarment.”

¶7. Reynolds is facing disciplinary action in Louisiana, Mississippi, Tennessee, and

possibly Texas. Reynolds argues that judicial economy would best be served by suspending

these proceedings to allow Louisiana to determine the extent of his punishment related to a

crime committed in Texas. This Court finds his argument not well taken.

¶8. This Court applies Mississippi rules to the breach of Mississippi rules and imposes

appropriate discipline based on Mississippi rules and procedure. M.R.D. 1. By asking this

Court to delay action while awaiting another state’s decision only delays the inevitable. Our

rules require disbarment. The discipline of disbarment “serves to help to preserve the dignity

and reputation of the legal profession and also ensures protection of the public from such

conduct.” Murphy, 675 So. 2d at 845 (internal quotation marks omitted) (quoting In re

Reinstatement of Baker, 649 So. 2d 850, 853 (Miss. 1995)). Judicial economy is not served

by kicking the can down the road. Judicial economy and the people of this state would best

be served by Reynolds’s immediate disbarment.

3 ¶9. Our rules and precedent establish that disbarment is an appropriate sanction. This

Court disbars Reynolds and revokes his license to practice before all Mississippi courts.

Reynolds is required to pay all costs associated with the filing and prosecution of this

complaint.

¶10. IT IS THEREFORE ORDERED as follows:

1. Richard L. Reynolds is disbarred from the practice of law in the State of Mississippi, and his name shall be immediately removed from the rolls of the Mississippi Bar;

2. The Clerk of the Supreme Court of Mississippi (the Clerk) shall immediately forward to the attorneys of record for each party a copy of this Order of Disbarment, and shall send Reynolds a copy by certified mail, return receipt requested;

3. The Clerk shall immediately forward an attested copy of this Order of Disbarment to the Clerks of the United States District Court, Northern and Southern Districts of Mississippi, to the Clerk of the United States Court of Appeals for the Fifth Circuit, and to the Clerk of the Supreme Court of the United States;

4. The Clerk shall immediately forward an attested copy of this Order of Disbarment to the judges of the circuit, chancery, and county courts of the districts in which Reynolds resided and practiced law, with instructions to include a copy of this judgment upon the minutes of their respective courts;

5. The Clerk shall forward an attested copy of this Order of Disbarment to the executive director of the Mississippi Bar;

6.

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Related

Mississippi Bar v. Sykes
637 So. 2d 192 (Mississippi Supreme Court, 1994)
McIntyre v. the Mississippi Bar
38 So. 3d 617 (Mississippi Supreme Court, 2010)
Matter of Reinstatement to Practice Law of Baker
649 So. 2d 850 (Mississippi Supreme Court, 1995)
Mississippi Bar v. Murphy
675 So. 2d 845 (Mississippi Supreme Court, 1996)
Mississippi Bar v. Galloway
118 So. 3d 558 (Mississippi Supreme Court, 2013)

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