Miss. R. & Regul. Mand. Cont. Leg. Educ. 6

As amended through March 21, 2024

Rule 6 - NON-COMPLIANCE AND SANCTIONS

a. As soon as practicable after August 15 of each year, the Commission shall compile the following:

1. A list of attorneys who have filed annual reports of compliance for the next preceding CLE year ending July 31, as required by Rule 5, Mississippi Rules of Mandatory Continuing Legal Education.

2. A list of attorneys who have filed annual reports of compliance on or before the next preceding July 31 indicating that they have not complied with the requirement of Rule 3, Mississippi Rules for Mandatory Continuing Legal Education.

3. A list of attorneys who have failed to file annual reports of compliance for the next preceding CLE year as required by Rule 5, Mississippi Rules for Mandatory Continuing Legal Education.

b. The Commission shall then serve, by certified mail, each attorney whose name appears upon the lists compiled by the Commission who has not complied with Rules 3 and 5, Mississippi Rules for Mandatory Continuing Legal Education, with an Order to Show Cause, within sixty (60) days, why the attorney's license should not be suspended. Said attorney shall furnish the Commission with an affidavit:

1. Indicating that the attorney has complied with the requirement prior to expiration of the sixty (60) days, or

2. Setting forth a valid excuse for failure to comply with the requirements because of illness or other good cause.

c. At the expiration of sixty (60) days from the date of the Order to Show Cause, the Commission shall notify the Supreme Court of Mississippi of each attorney who fails to file an affidavit satisfactory to the Commission as described in (b)(1) and (b)(2) above and recommend appropriate sanctions to the Supreme Court, which may include, among others, that the attorney's license to practice law be suspended.

d. At any time after notice of noncompliance to the Supreme Court, an attorney may file with the Commission an affidavit indicating compliance with Rule 3, Rules for Mandatory Continuing Legal Education and if satisfactory to the Commission, it shall forthwith notify the Supreme Court for appropriate action, including reinstatement.

e. Administration of this program is complicated by attorneys who fail to comply with theses rules. Accordingly, the Commission and/or the Supreme Court is authorized to assess costs against such delinquent and/or non-filing attorneys in the form of a reasonable fee for filing late, filing an annual report reflecting a deficiency and/or not filing during the reporting period. Such costs can be increased proportionately by an attorney's late compliance or non-compliance for two successive CLE years.

Miss. R. & Regul. Mand. Cont. Leg. Educ. 6