The Mississippi Bar v. Joseph Patrick Gautier
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Serial: 169760
IN THE SUPREME COURT OF MISSISSIPPI
No. 2010-BD-01332-SCT
THE MISSISSIPPI BAR
v.
JOSEPH PATRICK GAUTIER
EN BANC ORDER
¶1.
This matter came before the Court en banc on the formal complaint the Mississippi
Bar filed against attorney Joseph Patrick Gautier based upon his plea of guilty in the Circuit
Court of Harrison County, Mississippi, to one count of possession of a controlled substance.
Gautier was served with process but did not file a response.
¶2.
On August 9, 2010, the Circuit Court of Harrison County, Mississippi, sentenced
Gautier to serve a term of four years’ imprisonment (with credit for time served) followed
by three years of reporting post-release supervision in the custody of the Mississippi
Department of Corrections, and to pay assessments and fines. On August 13, 2010, the Bar
filed this formal complaint pursuant to Rule 6 of the Mississippi Rules of Discipline. Because
Gautier has been adjudicated guilty of a felony, the Bar asks this Court to: Strike the name
of Joseph Patrick Gautier from the rolls of the Mississippi Bar; immediately suspend Gautier
from the practice of law in Mississippi pursuant to Rule 6(a) of the Mississippi Rules of
Discipline; enter an order of disbarment pursuant to Rule 6(d) after the time for appeal from
the judgment of conviction expires; and, upon entry of an order for disbarment, assess
Gautier with the costs associated with this action.
¶3.
After due consideration, this Court finds that the requested relief should be granted.
Further, this Court takes judicial notice of the fact that no appeal has been filed. Therefore,
we find that disbarment is proper at this time.
IT IS THEREFORE ORDERED that:
1.
Joseph Patrick Gautier is hereby DISBARRED from the practice of law
in the State of Mississippi.
2.
This order shall constitute notice of disbarment in this cause.
3.
The Clerk of this Court shall forward certified copies of this order to
Joseph Patrick Gautier and the Executive Director of the Mississippi
Bar.
4.
Joseph Patrick Gautier shall, within thirty days following entry of this
order, notify clients and affected courts of his disbarment, properly
disburse all funds he may hold in trust, and comply with all other
requirements applicable to disbarred attorneys pursuant to Rule 11 of
the Rules of Discipline for the Mississippi Bar.
5.
Joseph Patrick Gautier shall, within forty-five days following entry of
this order, file an affidavit with this Court stating that all of his clients
have been notified of his disbarment and his consequent inability to
practice law in Mississippi and that he has complied fully with all of the
requirements set forth in Mississippi Rule of Discipline 11, as well as
the requirements of this order.
6.
The Clerk of this Court shall immediately forward certified copies of
this order to the chancery clerk and the circuit clerk of Harrison County
and to the senior chancellor of the Chancery Court of Harrison County
and to the senior circuit judge of the Circuit Court of Harrison County,
and the order shall be entered upon the minutes of those courts in
accordance with Rule 8.6(iii) of the Rules of Discipline.
7.
The Clerk of this Court likewise shall immediately forward certified
copies of this order to the Clerks of the United States District Courts for
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the Northern and Southern Districts of Mississippi, the Clerk of the
United States Court of Appeals for the Fifth Circuit, and the Clerk of
the Supreme Court of the United States.
8.
¶4.
Costs of these proceedings are hereby assessed against Joseph Patrick
Gautier.
SO ORDERED, this the 27 th day of July, 2011.
/s/ Jess H. Dickinson
JESS H. DICKINSON, PRESIDING
JUSTICE
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