Justices deny former lawyer’s reinstatement
Published 5:00 am Friday, August 20, 2004
The Mississippi Supreme Court Thursday rejected a formerBrookhaven attorney’s petition for reinstatement to practice law inthe state.
The court said Edward O’Neal Benson, who was disbarred afterpleading guilty to information embezzlement in 1999 in Pike County,had failed to meet the five judicial requirements forreinstatement. Following his plea, Benson was placed on five years’probation and ordered to perform 150 hours of community service,pay a $1,000 fine and make full restitution.
Benson said Thursday he had not seen the high court ruling. Hehad no comment.
“Before we reinstate, the fundamental issue we must address isthe attorney’s rehabilitation in conduct and character since thedisbarment,” the court wrote in the opinion.
The court went on to identify the five requirements a petitionermust address in order to be reinstated. Those are:
* Stating the cause for the suspension or disbarment.
* Identifying all parties that suffered loss due to theattorney’s improper conduct.
* Making full amends and restitution.
* Showing the necessary moral character for the practice oflaw.
* Demonstrating the requisite legal education to practicelaw.
The court said the information provided by Benson in hispetition was insufficient and that he failed to demonstratecompletion of the necessary actions for reinstatement. The courtsaid it also took into consideration the recommendation of theMississippi Bar Association, which opposed Benson’s reinstatementdue to his failure to provide sufficient evidence of meeting therequirements.
“Although the Bar’s recommendation is not conclusive, we docarefully consider it and, in this case, thoroughly agree with thatrecommendation,” the court said.