Rule 7 - COMMITTEE ON PROFESSIONAL RESPONSIBILITY DUTIES AND POWERS(a) The Committee shall function as a grand jury in matters of attorney discipline.(b) Upon receipt of a complaint, Complaint Counsel's report and any response by the attorney, within a reasonable time the Committee shall:(i) Dismiss any complaint without merit and retire the file; or(ii) Direct or conduct further investigation if needed; or(iii) Refer the matter to Complaint Counsel for filing and prosecution of a Formal Complaint; or (iv) If investigation discloses a minor ethical violation or instance of relatively trivial misconduct or an isolated instance of a minor nature, then the committee shall be authorized to issue a letter of admonition, a private reprimand, or a public reprimand.(v) In its discretion, and with the assent and accord of the attorney who is the subject of the complaint, in addition to any action taken by the Committee under (ii), (iii) or (iv) of this paragraph, not withstanding the provisions of Rule 15(a) of these rules, delay final action and refer the attorney to the Lawyers and Judges Assistance Committee for evaluation and, as recommended by the Lawyers and Judges Assistance Committee, treatment, monitoring and assistance.(c) If issued, a letter of admonition, a private reprimand, or a public reprimand shall be sent to the accused attorney and a copy shall be sent to the complaining party. The accused attorney shall have a right within twenty days after receipt of the letter or reprimand to request in writing that a formal disciplinary proceeding be initiated against him to adjudicate the propriety of the conduct upon which the admonition or reprimand is based. If such request is timely made, the letter of admonition or reprimand shall be vacated, and the matter shall be processed by means of a formal complaint. An informal admonition shall not be used as a substitute for and shall not be considered, discipline. However, the fact, nature, and cause of such informal admonition may be disclosed in any subsequent disciplinary proceedings against the accused attorney for an informal admonition, private reprimand, or public reprimand and issued by the Committee.(d) Referral to the Lawyers and Judges Assistance Committee may not be used as a substitute for, and may not be considered, discipline. However, notwithstanding the provisions of Rule 15(a) of these rules, the Committee, in its discretion, may delay any action under (ii), (iii) or (iv) of paragraph (b) of this rule provided that an attorney who is referred to the Lawyers and Judges Assistance Committee by the Committee complies with all terms and conditions imposed upon the attorney by the Lawyers and Judges Assistance Committee. If an attorney violates the terms and conditions imposed by the Lawyers and Judges Assistance Committee upon such attorney, notwithstanding the provisions of Rule (3.2)(g)(3) of these rules, the Lawyers and Judges Assistance Committee, in accordance with Rule (3.2)(g)(5) of these rules, shall report such failure to comply with all terms and conditions imposed upon the attorney by the Lawyers and Judges Assistance Committee, and upon receipt of such report, the Committee shall take such action under paragraph (b) which the Committee delayed but originally could have taken. In any notification to the complainant of the action or actions taken by the Committee, the Committee, in its discretion, may decide not to include notice of the Committee's referral of the attorney to the Lawyers and Judges Assistance Program. R. Disc. Miss. State Bar 7
Amended 11/16/1995; amended 4/18/2002.