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In re Woolbright8/19/2004
In March of 2000, attorney Tammy L. Woolbright pled guilty to D.U.I. (third offense) and was sentenced to five years in the custody of the Mississippi Department of Corrections (MDOC) with the sentence being suspended pending good behavior. After service of the Bar's formal complaint seeking disbarment, Woolbright did not respond. This Court entered an order disbarring Woolbright from the practice of law. See Miss. Bar v. Woolbright, 797 So.2d 208 (Miss.2000). Pursuant to the provisions of Rule 12 of the Mississippi Rules of Discipline, Woolbright was required to wait three years before being permitted to file her petition of reinstatement, which is now before the Court. [FN1]
FACTS
2. Woolbright was admitted to the bar in 1981. She engaged in the full time practice of law until the end of February of 2000 when she was charged with D.U.I. (third offense). The charges stemmed from a one-car accident in June of 1999. As part of her sentence, Woolbright was also ordered to pay a $2,000 fine and to complete an alcohol rehabilitation program with aftercare.
ANALYSIS
3. In its answer, the Bar states that it conditionally supports Woolbright's petition. The conditions include: (1) that she pass the bar examination as required under Rule 12.5 of the Mississippi Rules of Discipline; (2) that she complies with the provisions of Rule 25 [FN2] of the Mississippi Rules of Discipline; and (3) that she be required to continue to participate in a program, such as the Mississippi Lawyers and Judges Assistance Program (MLAP) or Alcoholics Anonymous (A.A.) for such a period of time as the Court deems reasonable and necessary.
4. This Court has exclusive and inherent jurisdiction of matters pertaining to attorney discipline, reinstatement, and appointment of receivers for suspended and disbarred attorneys. When reviewing disciplinary matters this Court reviews the evidence de novo and on a case-by-case basis sitting as the trier of fact. In re Morrison, 819 So.2d 1181, 1183 (Miss.2001).
5. The fundamental inquiry is whether the attorney has rehabilitated himself in conduct and character since the suspension was imposed. Id. at 1183. "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." Id. (citations omitted).
6. Jurisdictional requirements that must be met prior to reinstatement, include:
(1) Each petitioner must include a list of names and addresses of persons, parties, firms, or legal entities who suffered pecuniary loss due to the attorney's misconduct; (2) There must be a showing that the petitioner has made full amends and restitution or a statement to the effect that full amends and restitution is not appropriate or has been imposed; (3) The petitioner must show that he has the requisite moral character to be reinstated; and (4) The petitioner must show that he has the requisite legal learning to be reinstated to the privilege of practicing law. Mississippi Rules of Discipline 12.7.
*2 Id. at 1183-84.
7. First, it is undisputed that, other than Woolbright herself, no other person or entity suffered a pecuniary loss due to her improper conduct.
8. Second, as to full amends or restitution, Woolbright was ordered to pay the Bar costs and expenses resulting from the investigation and the prosecution of her disbarment. This Court disbarred by order entered October 5, 2000. Woolbright, 797 So.2d at 208. Those costs and expense amounted to $106.19 and were paid on October 6, 2000.
9. Following her arrest, Woolbright fully disclosed to her clients that she planned to plead guilty to a felony. She was proactive in ensuring that her clients were not adversely affected by her wrongful conduct. She en
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