David H. Massey v. The Mississippi Bar
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IN THE SUPREME COURT OF MISSISSIPPI
NO. 98-BR-00001-SCT
IN RE: PETITION FOR REINSTATEMENT OF
DAVID H. MASSEY TO PRACTICE LAW
DATE OF JUDGMENT:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
DISPOSITION:
6/18/90
COMPLAINT TRIBUNAL
JAMES K. DUKES
MICHAEL B. MARTZ
CIVIL - BAR MATTERS
PETITION FOR REINSTATEMENT DENIED 9/24/1998
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
EN BANC.
PRATHER, CHIEF JUSTICE, FOR THE COURT:
I. INTRODUCTION
¶1. This is David H. Massey's third petition for reinstatement to the practice of law. See In Re
Petition of David H. Massey for Reinstatement to the Practice of Law, 633 So. 2d 452 (Miss.
1994) (hereinafter Massey I); In Re Petition of David H. Massey for Reinstatement to the Practice
of Law, 670 So. 2d 843 (Miss. 1996) (hereinafter Massey II). Massey was disbarred in 1990,
following his felony conviction for conspiracy to distribute 2,400 methylenedioxymethamphetamine,
or "ecstasy", pills and 10 grams of cocaine.
¶2. This Court finds that Massey can never demonstrate the requisite moral character to practice law
in Mississippi. Therefore, Massey's petition for reinstatement to the practice of law is denied.
II. LEGAL ANALYSIS
¶3. The applicable law regarding attorney reinstatement was succinctly set forth in the opinion on
Massey's last petition for rehearing. See Massey II, 670 So. 2d at 844. Massey has met the other
jurisdictional requirements, and his case turns upon whether he has demonstrated the requisite moral
character to be reinstated.
This leads to the question of how does a disbarred attorney demonstrate that his moral
character has been rehabilitated? This Court has held that "[w]e do not believe it requires a long
period to discipline and effect a rehabilitation of character. A firm resolve to live a correct life
evidenced by outward manifestation sufficient to convince a reasonable mind clearly that the
person has reformed is only required." Phillips v. Mississippi State Bar, 427 So.2d 1380, 1382
(Miss.1983) (quoting Ex parte Marshall, 165 Miss. 523, 556, 147 So. 791, 798 (1933)).
Massey II, 670 So. 2d at 845.
¶4. The record reflects that Massey has volunteered to counsel people about the dangers of drugs,
but he has never been called upon to do so. Moreover, although "work[ing] with the segment of
society that he harmed by distributing drugs" would be a worthwhile endeavor, it is not the test for
whether an attorney has the requisite moral character to be reinstated. "[T]he requirement is only that
one seeking reinstatement must lead a correct life." In re Tucker, 656 So. 2d 799, 804 (Miss. 1995).
¶5. Massey's crime was egregious.
The legal profession has come a long way from the days when attorneys were automatically
presumed honorable. The quality and reputation of the Mississippi Bar and the public interest
which it serves warrant stringent standards for reinstatement following disbarment. This Court
remains firm in its resolve that one who has acted in a manner sufficiently egregious to warrant
disbarment must clearly show a rehabilitation of character before reinstatement to the privilege
of practicing law. Compromise of the standards to which attorneys are held will surely cripple
the profession, with concomitant harm to the public.
Tucker, 656 So. 2d at 805.
¶6. Drugs are a scourge to society. Distributing drugs is a crime that demonstrates an extreme disdain
for the law and disregard for the welfare of the citizens of our State. A serious lack of moral
character is innate to the commission of this crime. David H. Massey was convicted as a major
distributor of illicit drugs at a time when he had achieved maturity and occupied a number of
positions of trust in the community. His offense was not mitigated by any other factor. Under these
circumstances we cannot imagine circumstances sufficient to show rehabilitation to the point that he
should enjoy a license to practice law.
III. CONCLUSION
¶7. This Court will not reinstate a convicted drug dealer to the practice of law. Therefore, Massey's
petition for reinstatement is denied.
¶8. PETITION FOR REINSTATEMENT DENIED.
SULLIVAN, P.J., BANKS, McRAE, ROBERTS, SMITH, MILLS AND WALLER, JJ.,
CONCUR. PITTMAN, P.J., NOT PARTICIPATING.
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