2016 Mississippi Code
Title 73 - Professions and Vocations
Chapter 3 - Attorneys at Law
Article 7 - Procedures to Discipline and to Determine Personal Incapacity to Practice Law
§ 73-3-315. Complaint counsel; rules governing investigatory hearings [Repealed effective December 31, 2015]

The following rules for investigatory hearings by complaint counsel are for the guidance of complaint counsel and shall be strictly followed:

(a) The complainant is not a party to the proceeding and has no right to be present at any stage thereof.

(b) The accused attorney has no right to be present at any stage of the investigatory hearing, either in person or by counsel, except complaint counsel shall afford him an opportunity to make a statement, either personally or by counsel, verbally or in writing, refuting or admitting the alleged misconduct and to offer any matter in mitigation or extenuation. The accused attorney may document his statement to include the admission of affidavits but shall not have the right to present other testimony or evidence and shall have no right to confrontation.

(c) The investigatory hearing shall neither be public nor assume the character of an adversary proceeding, and a full evidentiary hearing on the merits is not contemplated.

(d) Formal rules of evidence will not be applied.

(e) Investigation by complaint counsel will not be stayed by settlement, compromise, admission of guilt or restitution.

(f) Any attorney called as a witness shall be informed before he gives evidence as to whether he is under investigation and, if so, the nature of the charges against him.

(g) Testimony will not be elicited or received which is not germane to the charges being investigated by complaint counsel.