Mississippi Learning

The Mississippi Supreme Court rejected a reprimand and imposed a three-year suspension for a failure to disclose an incident 

This matter is before the Court on direct appeal of the Mississippi Bar from a final order of the Complaint Tribunal. This Bar-discipline case concerns two issues. We must determine first whether Merry C. Johnson had a duty to self-report her conduct under Mississippi Rule of Professional Conduct 8.1. Second, if a duty to self-report did exist, we must determine if the Complaint Tribunal’s sanction of a private reprimand was adequate. Finding that Johnson breached her duty to self-report and that the Complaint Tribunal’s sanction was inadequate, we suspend Johnson from the practice of law for three years and require her to apply for reinstatement.

Misconduct

Johnson took the Mississippi Bar Examination in July 2016. While awaiting her results, Johnson was employed as a paralegal at Stephen L. McDavid’s law firm. McDavid asked Johnson to review a local rule of court referenced in an order issued by Magistrate Judge Jane Virden of the United States District Court for the Northern District of Mississippi. Johnson misinterpreted the rule, and McDavid relied on the incorrect interpretation. Later, Johnson realized she had wrongly interpreted the rule. She did not inform McDavid of her mistake; rather, she created an email purporting to be an amended text order clarifying the original order. The forged order had all the indicia of a real order, including a reference that Judge Virden had signed it. Johnson sent the email containing the forged order to McDavid, who forwarded it to opposing counsel, Mark A. Dreher. Dreher then informed Judge Virden’s law clerk of the email containing the forged order.

A show cause order was  entered

When Johnson received the show-cause order, she confessed and apologized to McDavid and to the court. The hearing was conducted by phone with Johnson, McDavid, Dreher, and an associate of Dreher’s, Josh Hill. At the hearing, Judge Virden advised all present, including Johnson, to thoroughly review their respective obligations to report the misconduct to the Bar and stated that the court would do the same. On September 9, 2016, the court entered an order imposing sanctions against McDavid’s firm, ordering the firm to pay opposing counsel’s fees and expenses connected to the show-cause hearing.

Johnson claims she spent three to four hours after the hearing reviewing the Mississippi Rules of Professional Conduct, the Rules Governing Admission to the Mississippi Bar, and the applications she had submitted to the Mississippi Board of Bar Admissions. Johnson claims she had no duty to report her misconduct; therefore she did not report the incident either to the Bar or to the Board of Bar Admissions. Without knowledge of her misconduct, the Board of Bar Admissions certified Johnson’s Bar examination results, and Johnson was sworn in as a member of the Mississippi Bar.

Dreher reported her and a private reprimand was imposed.

On review, the court found she was obligated to provide the information in response to bar admission questions.

Failing to disclose her conduct to the Board of Bar Admissions created a misapprehension about Johnson’s character and fitness to practice law. As a Bar applicant, Johnson had a duty to supplement her Bar application to reflect her misconduct. She failed to do so.

Sanction

A serious need exists to deter failing to report misconduct on Bar applications. In order to preserve the dignity and reputation of the legal profession, the Board of Bar Admissions must be able to completely consider whether applicants possess the requisite character and fitness to practice law. Doing so is not possible without full disclosure on the applications.

…we reverse the Complaint Tribunal’s judgment. Johnson is suspended from the practice of law for three years. After that time, she must apply for reinstatement, allowing this Court to determine if she has the requisite character and fitness to practice law. Additionally, this Court appoints the Committee on Character and Fitness as a special master to examine Johnson’s character and fitness.

(Mike Frisch)