New Trial For Pro Hac Violation

The Mississippi Supreme Court has reversed a criminal conviction because defense counsel and the court failed to adhere to the requirements for admission to practice by a foreign attorney.

Counsel admitted pro hac must have local counsel present for all proceedings

Our enforcement of Rule 46 goes not only toward protecting clients’ rights, but toward enforcing both society’s and the profession’s respect for this Court and the processes that have been established for seeking redress. Both principles are weakened if a finding of waiver is as simple as a defendant’s awareness that he is represented by an outside attorney, where the trial judge, the State, and the defendant’s attorney all represented that the attorney was in compliance with the rules governing foreign attorney admission. The presence of local counsel may cover a multitude of pro hoc vice sins when evaluating prejudice to a defendant, but this Court will take very seriously pro hoc vice violations that involve the absence of local counsel.

A concurring/dissenting opinion would not reverse the conviction. (Mike Frisch)