The Mississippi Bar v. Melinda Kay Turnage
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IN THE SUPREME COURT OF MISSISSIPPI
NO. 2001-BD-01202-SCT
THE MISSISSIPPI BAR
v.
MELINDA KAY TURNAGE
ORDER OF SUSPENSION
¶1. This matter came before the Court en banc on Formal Complaint filed by The Mississippi Bar seeking
discipline against Melinda Kay Turnage under the provisions of Rule 13 of the Rules of Discipline for the
Mississippi Bar. Turnage is an attorney subject to the disciplinary jurisdiction of the Court. On or about
June 22, 2001, the Louisiana Supreme Court suspended Ms. Turnage from the practice of law in Louisiana
for a period of one year and one day for her violation of Rules 1.3 (lack of diligence), 1.4 (failure to
communicate), 1.16(a) (failure to properly withdraw from legal representation), 3.4(c) (failure to comply
with Tribunal orders), 8.1(b) (failure to respond to a lawful demand for information from a disciplinary
authority), 8.1(c) (failure to cooperate with the Louisiana Office of Disciplinary Counsel in its investigation),
8.4(a) (violating the Rules of Professional Conduct), 8.4(d) (engaging in conduct prejudicial to the
administration of justice) and 8.4(g) (failure to cooperate with the Louisiana Office of Disciplinary Counsel),
of Louisiana's Rules of Professional Conduct. Filed with the formal complaint is a certified copy of the
Order entered by the Louisiana Supreme Court, which constitutes conclusive evidence of Turnage's guilt.
¶2. The Mississippi Bar served Ms. Turnage by mail at her last known address with copies of the Summons
, Notice to respondent and the Formal Complaint. Turnage has filed no answer nor has she otherwise
responded.
¶3. The disciplinary sanctions imposed by the Louisiana Supreme Court are grounds for disciplinary action
in this state. Rule 13 of the Rules of Discipline for the Mississippi Bar reads in sum:
Rule 13. DISCIPLINE IN ANOTHER JURISDICTION
When an attorney should be subjected to disciplinary sanctions in another jurisdiction, such sanction
shall be grounds for disciplinary action in this state, and certification of such sanction by the
appropriate authority of such jurisdiction to the Executive Director of the Bar or to the Court, shall be
conclusive evidence of the guilt of the offense or unprofessional conduct on which said sanction was
ordered, and it will not be necessary to prove the grounds for such offense in the disciplinary
proceeding in this state. The sole issue to be determined in the disciplinary proceeding in this state
shall be the extent of the final discipline to be imposed on the attorney, which may be less or more
severe than the discipline imposed by the other jurisdiction.
(13.1) Upon receipt by the Executive Director of a certified copy of disciplinary sanctions imposed
by the bar or a court in another jurisdiction or by a Mississippi trial court or local bar association
upon an attorney subject to these rules, the Executive Director shall immediately docket same as a
complaint, charge or grievance and shall immediately forward the matter to Complaint Counsel.
Complaint Counsel shall present the certified copies of the disciplinary action of the other court or Bar
to the Court wherein the sole issue to be determined shall be the extent of final discipline to be
imposed on the attorney in this state, which discipline may be less or more severe than the discipline
imposed by the other jurisdiction.
¶4. In this instance, we agree with the sanctions imposed by the Louisiana Supreme Court. However, we
reserve the right to impose sanctions as determined by this Court on a case by case basis.
¶5. IT IS THEREFORE ORDERED as follows:
¶6. 1. Melinda Kay Turnage is hereby suspended from the practice of law in the State of Mississippi for a
period of one year.
¶7. 2. The Clerk of the Supreme Court of Mississippi shall immediately forward to the attorneys of record
for each party herein a copy of this Order of Suspension, and shall send Ms. Turnage's copy by certified
mail, return receipt requested.
¶8. 3. The Clerk shall immediately forward an attested copy of this Order of Suspension to the Clerks of
the United States District Court, Northern and Southern Districts of Mississippi, to the Clerk of the United
States Court of Appeals for the Fifth Circuit, and to the Clerk of the Supreme Court of the United States.
¶9. 4. The Clerk shall immediately forward an attested copy of this Order of Suspension to the Executive
Director of the Mississippi State Bar.
¶10. 5. The Bar is entitled to recover from Ms. Turnage all costs of this disciplinary proceeding. The Bar
shall file its Motion for Costs and Expenses with the Court within ten (10) days of the filing of this Order.
¶11. 6. Ms. Turnage is hereby enjoined from practicing law in Mississippi; from holding herself out as an
attorney at law; from performing any legal services for others; from accepting any fee directly or indirectly
for legal services to be performed for others; from appearing as counsel or in any representative capacity in
any proceeding in any court of the State of Mississippi, or before any administrative body or agency
thereof; from holding herself out to others as or using her name in any manner, in conjunction with the
phrases "attorney at law," "attorney," "counselor at law," "counselor," or "lawyer."
¶12. 7. Ms. Turnage shall within thirty (30) days following her receipt of this order: (a) notify or cause to be
notified all clients of her suspension and her consequent inability to act as an attorney after the effective date
of her suspension; (b) notify or cause to be notified each client involved in pending litigation or administrative
proceedings and the attorney or attorneys for each adverse party in such proceedings of her suspension and
consequent inability to act as an attorney after the effective date of her suspension; (c) advise or cause to be
advised each client promptly to substitute another attorney or attorneys in her place or to seek legal advice
elsewhere; and (d) notify or cause to be notified all effected courts and agencies of her suspension and
consequent inability to act as an attorney after the effective date thereof.
¶13. 8. Ms. Turnage shall return or cause to be returned all files, papers, monies and other properties
belonging to her Mississippi clients in her possession, if any such clients request same after receiving
notification from her.
¶14. 9. Within thirty (30) days of receipt of this Order of Suspension, Ms. Turnage shall file with this Court
an affidavit stating that all current Mississippi clients have been notified of her suspension and that all files,
papers, monies and other property belonging to such clients have been returned as ordered herein, and
showing in the cases where it was not possible to notify such clients or return their property, that due
diligence was used to do so.
¶15. SO ORDERED, this the 5th day of March, 2002.
/s/ James E. Graves, Jr.
JAMES E. GRAVES, JR., JUSTICE
FOR THE COURT
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