The Mississippi Bar v. June A. (Placer) Oswald

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Serial: 224967 IN THE SUPREME COURT OF MISSISSIPPI No. 2018-BD-01637-SCT THE MISSISSIPPI BAR v. JUNE A. (PLACER) OSWALD ORDER OF DISBARMENT ¶1. Before the Court, en banc, is the Mississippi Bar’s motion to accept the irrevocable resignation of June A. (Placer) Oswald. ¶2. On November 7, 2016, the Supreme Court of Louisiana disbarred Oswald from the practice of law in Louisiana. On November 20, 2018, the Mississippi Bar filed a formal complaint against Oswald seeking reciprocal discipline. The complaint is the only outstanding disciplinary action against Oswald. On January 25, 2019, Oswald executed a notice of irrevocable resignation and filed it with the Court on January 30, 2019. Oswald states that she does not desire to defend the matter and requests to irrevocably resign with prejudice from the Mississippi Bar. On January 30, 2019, the Bar filed a motion to accept Oswald’s irrevocable resignation. ¶3. Under Rule 10.5 of the Mississippi Rules of Discipline, [a]n attorney may tender an irrevocable resignation to either the Court or the Tribunal. Such a resignation shall acknowledge each and all disciplinary matters then pending, provide the docket number or numbers, state that the attorney does not desire to defend, and request permission to resign with prejudice from the Bar. Upon receipt of such a resignation, and any response that the Bar may elect to file, the disciplinary proceedings shall terminate and either the Court or the Tribunal shall enter its order accepting the resignation, revoking the attorney’s license, and barring forever thereafter the attorney’s right to seek reinstatement to the privilege of practicing law in this state. Such a resignation and order shall be considered disciplinary action, and the resignation shall be considered tantamount to the proof of guilt on the matter charged. M.R.D. 10.5. ¶4. After due consideration, the Court finds that Oswald’s notice complies with Rule 10.5 of the Rules of Discipline for the Mississippi State Bar. The Court also finds that the Bar is entitled to the relief it seeks, and Oswald shall be disbarred permanently. ¶5. IT IS THEREFORE ORDERED that the Mississippi Bar’s motion to accept the irrevocable resignation of June A. (Placer) Oswald is granted. ¶6. IT IS FURTHER ORDERED, ADJUDGED, and DECREED that: 1. The Court hereby accepts June A. (Placer) Oswald’s resignation with prejudice from the Mississippi Bar, and such resignation shall be considered tantamount to proof of guilt on the matter charged; 2. The Court hereby revokes June A. (Placer) Oswald’s license to practice law in the State of Mississippi; 3. The instant order shall constitute notice of permanent disbarment; 4. The Court hereby bars June A. (Placer) Oswald from seeking reinstatement to the privilege of practicing law in the State of Mississippi in the future; 5. The Clerk of the Court shall forward an attested copy of the instant order to June A. (Placer) Oswald and the Executive Director of the Mississippi Bar; 6. June A. (Placer) Oswald shall, within thirty days following entry of the instant order, notify clients and affected courts, if any, of her resignation from the Mississippi Bar, properly disburse all funds she 2 may hold in trust, and comply with all other requirements applicable under Rule 11 of the Rules of Discipline for the Mississippi State Bar; ¶7. 7. June A. (Placer) Oswald shall, within forty-five days following the entry of the instant order, file an affidavit with the Court stating that all of her clients have been notified of her resignation from the Mississippi Bar and consequent inability to practice law in Mississippi and that she has fully complied with all applicable requirements set forth in Rule 11 of the Rules of Discipline for the Mississippi State Bar, as well as the requirements of the instant order; 8. Failure to comply with the instant order may be punished as contempt and may constitute a separate ground for disciplinary action; 9. The Clerk of the Court shall immediately forward an attested copy of the instant order to the Clerks of the United States District Courts for 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; and 10. The costs of the instant proceeding are assessed to June A. (Placer) Oswald. SO ORDERED, this the 30th day of May, 2019. /s/ James W. Kitchens JAMES W. KITCHENS PRESIDING JUSTICE FOR THE COURT 3

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