As the Scruggs wildfire rages, there’s been much bloviating by the mass media and politicians over reforming the legal system in Mississippi. Unfortunately, the only reason these pinheads are even discussing such changes is because the lover was strike by the Scruggs scandal. While they may be shocked, shocked actually, at the extent of the corruption, they are also interesting in keeping set up something that benefits them while proclaiming they are doing something about the problem.
Their dupes in the mass media, like the uncritical lapdogs the majority of them are, won’t examine the imperfections inside our legal system truly, beginning with the Mississippi Bar. The other day Chief Justice Jim Smith and Mississippi Bar President Bobby Bailess arrived down from Mount Olympus, leaving with The Clarion-Ledger editorial board some proposed reforms while receiving much worship and praise by our esteemed media.
Of course, they thought nothing was wrong with the system itself as the editorial page mentioned really, “I don’t believe (the problem) is popular,” says Smith. But, says Bailess, “We want to think of a remedy which will be meaningful and reactive.” Ah yes, the old “we want a proportional response” technique. Can’t have the rubes reforming the functional system as they might break a few of the china. Let the gods on the State Street Mount Olympus handle things as they will have.
Nope. Studying the problem Just. The fix is in as the principle Justice of the Mississippi Supreme Court, the elected president of the Mississippi Bar, and the largest newspaper in Mississippi had their summit and announced they wanted to have a panel study the problem. As the subject matter of judicial problem and awarding state agreements (to sue) to advertising campaign donors were somewhat addressed, the main topic of reforming the Mississippi Bar, which licenses, investigates, and prosecutes lawyers was completely ignored. Precisely what is the Mississippi Bar and just why should we examine its role in the Mississippi legal system?
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It is the Mississippi Bar that licenses lawyers. The problem with this set up is incest. Lawyers elect the members of their governing body, write their own by-laws, and discipline themselves. The pub is governed by a plank of commissioners and officials, who are elected by the associates of the bar (meaning attorneys). The code of conduct for lawyers is determined by the pub (attorneys), subject to final approval by the MSC. Sec. 73-3-143. The attorneys determine what is ethical Thus. The bar is given the authority to take care of complaints by consumers against lawyers. However, the pub deters bar issues by its plan of how bar issue forms are issued. However, back to the “process”.
A attorney for the club investigates the issue and submits his findings to the Committee on Professional Responsibility. The committee, made up of lawyers, appointed by officials of the bar (that are elected by lawyers), then decides what action should be studied on the complaint. This can range from a dismissal to filing a request with the Court to do this against the lawyer. Mississippi Bar complaint. Take into account that the bar cannot investigate or prosecute a lawyer unless a issue has been filed or the attorney has been convicted of wrongdoing. The charged capacity to check out attorneys by the club is not a lot of.
Suppose a attorney is accused of wrongdoing; the club cannot do anything of possible cause unless a issue has been submitted irrespective. The failure of leaders of the Mississippi legal profession such as Justice Smith and Mr. Bailess to not require more capacity to prosecute corrupt lawyers gives away their true agenda.