Mississippi's Pro Bono Requirement (or Suggestion)

All Attorney's in Mississippi have gotten in the past weeks or in the near future their re-enrollment form on which it asks how many pro bono hours did you work this last year.

For those of you unfamiliar with what pro bono is see here.

In MS pro bono hours are NOT required, but they are highly suggested and if you don't work them the Supreme Court even suggests an amount that you can pay to not feel guilty about not working them. I find this quite interesting and just wanted to bring the blog readers abreast of what the standard actually is. Below is Rule 6.1 of the Mississippi Rules of Professional Conduct (which concerns pro bono hours) here is a link to the SC page with the rules.

Couple of other links to pass along:
Mississippi Volunteer Lawyers Project
Mission First Legal Aid Office - through the MC School of Law

RULE 6.1 VOLUNTARY PRO BONO PUBLIC SERVICE

(a) Professional Responsibility. Each member of the Mississippi Bar in good standing and not exempt hereunder, as part of the member’s professional responsibility, should (1) render pro bono legal services to the poor and (2) participate, to the extent possible, in other pro bono service activities that directly relate to the legal needs of the poor.

(b) Discharge of the Professional Responsibility to Provide Pro Bono Legal Services to the Poor. The professional responsibility to provide pro bono legal services to the poor may be discharged by:

(1) annually providing at least 20 hours of pro bono legal services to the poor, or

(2) annually providing at least 20 hours of pro bono legal services to charitable, religious, civic, community, governmental or educational organizations for the purpose of providing legal counsel and representation to the poor, or

(3) making an annual contribution of at least $200 to the Mississippi Bar, which will be used by the Bar to provide legal services to the poor through legal aid organizations.

(c) Collective Discharge of the Professional Responsibility to Provide Pro Bono Legal Service to the Poor. Each member of the bar should strive to individually satisfy the member’s professional responsibility to provide pro bono legal service to the poor. Collective satisfaction of this professional responsibility is permitted by law firms only under a collective satisfaction plan that has been previously approved by The Mississippi Bar and only when providing pro bono legal services to the poor

(1) in a major case or matter involving a substantial expenditure of time and resources; or

(2) through a full-time community or public service staff, or

(3) in any other manner that has been approved by The Mississippi Bar.

(d) Exemptions. Those exempt from the provisions of this rule are:

(1) those lawyers who are restricted from practicing law outside their specific employment,

(2) members of the judiciary and their staff,

(3) other government lawyers who are prohibited from performing legal services by constitutional, statutory, rule, other regulatory prohibitions, or by employment policies,

(4) attorneys employed in established Legal Services Programs, and

(5)members of the bar who have acquired inactive or active exempt status or who are suspended.

Nevertheless, exempt attorneys are encouraged to assist in meeting the needs of the poor for legal services to the extent that they can, whether by monetary contributions or otherwise.

(e) Reporting Requirement. Each member of the bar shall annually certify whether the member has satisfied the member’s professional responsibility to provide pro bono legal services to the poor. Each member shall certify this information through a form that is made a part of the member’s annual membership fees statement which shall require the member to report the following information:

(1) the number of hours the attorney dedicated to pro bono legal services,

(2) whether the attorney satisfied the obligation through a collective plan, the name or nature of that plan, and

(3) if the attorney has satisfied the obligation by contribution, the amount of that contribution.

If the attorney has not provided pro bono legal services to the poor in the current year, the form shall so state, and the reason for non-compliance shall be stated. If the attorney is exempt from the obligation to provide pro bono services to the poor, the report shall so state and indicate the nature of the exemption.

(f) Compliance.

The provisions of Rule 6.1(b) are aspirational goals and an affirmation of professional responsibility, but are not mandatory and do not constitute a basis for discipline under the Rules of Discipline for the Mississippi Bar.

The reporting requirements of Rule 6.1(e) are mandatory and the failure to report this information shall be treated in the same manner as failure to pay dues or comply with mandatory Continuing Legal Education.

The Bar shall from time to time, but at least annually, provide the Supreme Court with statistical data regarding compliance, providing such information in such form as the Chief Justice shall direct.

(g) Credit Toward Professional Responsibility in Future Years. In the event that more than 20 hours of pro bono legal service to the poor are provided and reported in any 1 year, the hours in excess of 20 may be carried forward and reported as such for up to 2 succeeding years.

Barbour and the Blind Trust Issue

Wanted to pass along an article from Bloomberg.com as Gov. Haley Barbour's blind trust dealings and his past as a CEO/partner of a lobbying firm who bid on contracts with the state of Mississippi seems to be making waves outside of the state.

Of interest I find the continued statements by Barbour that he has nothing to do with Barbour Griffith and Rogers except for a meager retirement check. Will this turn into something later, I doubt it but with his name still on the firm we know on some level he has something to do with the lobby firm still. Using the MS Rules of Ethics for attorneys this seems to be improper as the firm name implies Barbour is still a partner. Rule 7.5 in MS could easily call this a "deceptive or misleading communication".

Rule 7.5 Link
Rule 7.5 provides that a lawyer shall not use a firm name, letterhead or other professional designation which contains a false, deceptive or misleading communication about the lawyer or lawyer's services. Specifically, a lawyer in private practice shall not practice under a trade name or a name that is misleading as to the identity of that lawyer or lawyers practicing under such name. Here, the Committee is of the opinion that the proposed name is potentially misleading as there is no reference to firm name or the other lawyers practicing under the proposed name. Although Rule 7.2(d) requires that an advertisement include the name of at least one lawyer responsible for its content, this does not override the strong policy of the Bar that lawyer advertising should not contain statements that possibly could deceive or mislead the public. A communication may be misleading if it omits a fact necessary to make the statement not materially misleading. Under the facts presented, the Committee is of the opinion that the public would be potentially mislead as to the correct identity of the lawyers practicing under the proposed name.

Mississippi's Unit 32 - the Death House before the Death House

This is going to be a working post because I want to do more research into the history of Unit 32 at Parchman, Mississippi's version of a Super-Max prison, but I want to make sure and pass along the story that came out this week about Inmate Jessie Wilson stabbing death of death-row inmate Earnest Lee Hargon. The story that has been released is that Wilson escaped his cell in some manner and stabbed Hargon, who was cleaning a tier of cells, to death. For more on this story see articles from the Clarion-Ledger and WAPT.

This is the Jessie Wilson's MDOC profile.
Here is the official MDOC press release.

There are lots of different angles to look at this issue: was this a prison gang killing as some of the reporting has alluded to, should we even have Super-Max prisons, should death row inmates ever come in contact with not death row inmates, what to do with mentally ill prisoners, what are and are not acceptable conditions for prisoners, should the State of Mississippi get out of the prison business and farm out our prisoners to private companies, i.e. Hawaii, and how does a criminal in Super-Max get the utilities and escape from his cell to kill another inmate?

Quite honestly I am looking for a little feedback from the readers about what interest you and we will talk about it.

VOTE in the Primary Run-off TODAY

I know it is a small ballot but it is races like these that literally every vote may make a difference.

the Strange Pete Collins Story

I was talking to one of the co-editors of this blog and he hadn't heard this story so I thought I would put it up for others to read.

Pete Collins, a former Mississippi Highway Patrol trooper from Tupelo was once a highly decorated officer. More recently however, Collins was convicted of fondling a then 13 year old girl and was sentenced to 15 years with 10 suspended last Friday, the 25th. After he was transported to a Rankin County MDOC facility to begin his sentence he was found Sunday, the 27th dead in his cell from hanging. No note was left by Collins. Our prayers and sympathy goes out to both the young girl and her family and the Collins family.

CL article on this odd story
Daily Journal article on the odd story

James Ford Seale, a conviction long in coming

Story I wanted to pass along

Seale, reputed Klansman was found guilty and sentenced to 3 life terms this past Friday of conspiracy and 2 counts of kidnapping in the disappearence and death of Henry Hezekiah Dee and Charles Eddie Moore in 1964. I am proud to be part of the "New South" a South that not only frowns upon prejudice but continues to prosecute crimes of the past. When hearing a story like this I always think that I just wish this would go away, if it wasn't brought up then people would think differently of Mississippi. But the past is what it is, it cannot be changed now and all that can be done is the law followed. If people were murdered then the criminal can sought until his own death and I am proud that the law is being enforced even if it helps pick at old memories that many want to forget.

Links to other stories:

Clarion Ledger article about the sentencing

Jackson Free Press on Seale

USAToday article from before the case

NPR entry about Seale case

Associated Content version

Jurist version

Jackson's Crime Problem

I am slightly reluctant to talk about Jackson because it is a single city in the state but it is the state's largest city and its capital so on some level the crime in Jackson matters to the state as a whole. Today Jackson's major newspaper, and the widest circulated paper in the state, had an editorial entitled "Development: Jackson 'flight' not unexpected" which I feel has some major flaws that I want to address.

The editorial states: "The biggest challenges were perceptions that crime made Jackson an unsafe place to raise a family, that Jacksonians were helplessly watching urban decline pick up, as population bled torrents into the suburbs. Many of those perceptions remain, as do the fears that such new Census figures are sure to spur. But some don't, or shouldn't."

The editorial goes on to talk about the passage of a large school bond issue, how "Despite the figures, downtown redevelopment is going full-speed ahead" and how affordable housing is being created. The Ledger goes on to speculate that "residential development downtown that would reverse the city's declining tax base".

The editorial then closes with: "Once more investment is made in crime fighting, including more jail space and a larger police force, and public confidence follows, that flight will be reversed."

My first beef with this editorial is the phrase "perceptions that crime made Jackson an unsafe place to raise a family", perhaps the more appropriate statement would have been the reality that crime has made Jackson an unsafe place to raise a family. Crime is not a perception. Crime has been bad in the past and it continues to be bad in the City of Jackson. And for those who say it is getting better look at the statistics. The latest stats show increases in auto burglaries, grand larceny's, house burglaries, armed robberies, car jackings and stable if not increasing numbers for Rape and Homicide as compared across past weeks/months and last year. For all of the talk about how Jackson is better the numbers show it is not any better off than in recent history. This from a city that from 2003 stats had triple the national rate of murders and over double the national rate of rape, burglary, car theft and robbery. The people of Jackson and the editorial board of the Clarion Ledger need to face it, Crime is not a perception in Jackson.

My second beef is the proposal that downtown residential projects will reverse the declining tax base. People do need affordable housing to live in but many of the projects that are coming to downtown Jackson are not going to be what is affordable. The Ledger muddles the fact all of this increased square footage is not affordable to a vast majority of the Jackson citizenry. Additionally, the editorial ignores the fact that affordable housing is needed in all areas of the city not just downtown. It is needed out towards Highway 80, it is needed in North Jackson, affordable housing is needed all over the place, not just downtown where the location of being downtown automatically drives many projections right out of being affordable.

My final beef is the closing statement of: "Once more investment is made in crime fighting, including more jail space and a larger police force, and public confidence follows, that flight will be reversed." This is a nice thought but it is really Pollyannish. Jackson has for years been massively understaffed on the police force and has never filled its positions. Jail space has been needed for years and never has the City Council voted for it. A change in leadership happened 2 years ago with "Do Nothing" Harvey Johnson voted out of office in favor of Frank Melton who himself has done nothing to improve the ranks of the PD and to curb the crime problem. At some point you have to be positive and and other points you have to be realistic. This is a time to be realistic not give pat answers of "Oh, it will get better" when the things it takes to make it better don't ever happen. Some times the truth hurts and the Clarion Ledger and this editorial need to quit giving the sugar coating to the city's problems.

Help Me Out Here!

I have a legal (or is it theory?) question. The President has has asserted executive privilege with regard to staff or cabinet level advisers. This has been presented with the notion that if the President's advisers cannot speak freely, without their words being made public for political gain, then the President is unreasonably denied the frank advice which must be afforded the high office.

Ok, let's say we all (or at least I) buy that line of reasoning. Why is it that this sort of privilege should be extended to individuals who are no longer working with an advisory/executive status in the government? (e.g.: Karl Rove, Monica Goodling, etc.) It seems to me they no longer have to worry about ensuring frank exchanges from people who no longer work with the president, as they will no longer have the protected advisory role. This, would negate the supposed 'chilling effect' that the executive privilege doctrine proposes to protect.

Any thoughts?

Interesting note from the primaries

I found it very interesting that Mississippi, long considered a "Red State" as it has voted for the Republican candidate every year since the 1980. However, in the primary this past Tuesday around 442,000 voters voted in the Democratic primary elections while only around 187,000 voted in the Republican primary. This 442k in a primary is almost as many folks that voted for the Democrat candidate, John Kerry, in the last Presidential election.

Is it because of local elections, is it because there were better races on the Democrat ballot, is it because the Republicans were content with their options and didn't see the need to participate, is it a trend that may carry on to the statewide general and/or 2008 Presidential election? You tell me.

My thoughts are that are that it was a combo of the above issues, I think local elections are the biggest reason, I think the Republicans were fairly content and there was a big push on the Democrat side in the Dale/Anderson race. I don't think this is a trend in Mississippi though especially with the Democrat presidential candidate is probably either going to be Hillary, Obama or Edwards, none of which will carry Mississippi.

GO VOTE TODAY

please