Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

09/16/94 EX PARTE TALLADEGA COUNTY BAR ASSOCIATION

September 16, 1994

EX PARTE TALLADEGA COUNTY BAR ASSOCIATION


This Opinion Substituted by the Court for Withdrawn Opinion of June 24, 1994, .

Rehearing Denied January 6, 1995. Released for Publication April 1, 1995.

Shores, Almon, Houston, Steagall, Ingram, and Cook, JJ., concur. Maddox, J., Dissents.

The opinion of the court was delivered by: Shores

PETITION FOR WRIT OF MANDAMUS

On Application for Rehearing

SHORES, JUSTICE.

The opinion of June 24, 1994, is withdrawn, and the following opinion is substituted therefor.

The Talladega County Bar Association seeks a writ of mandamus directing the Board of Bar Commissioners of the Alabama State Bar Association to reinstate the local grievance committee of the Talladega County Bar Association. The Houston County Bar Association intervenes, seeking a writ of mandamus directing the Board of Bar Commissioners of the Alabama State Bar Association to reinstate the local grievance committee of the Houston County Bar Association. The writs are granted.

Rule 7, Alabama Rules of Disciplinary Procedure, reads as follows:

"(a) Approval of a Local Grievance Committee. A grievance committee of a circuit, county, or city bar association (hereinafter referred to as a 'local grievance committee') must be approved by the Board of Commissioners of the Alabama State Bar before investigating complaints or recommending discipline. Such approval will be for a period of no more than five (5) years and may be withdrawn by the Board of Commissioners at any time for good cause. At the end of the approval period, the Board of Commissioners may reapprove a local grievance committee upon application of that committee and upon examination of the record of that committee for prompt, complete, and fair investigation of complaints.

"....

"(c) Reapproval of Existing Local Grievance Committees. Six (6) months after the effective date of these Rules, the Board of Commissioners of the Alabama State Bar shall reconsider each existing local grievance committee as provided in (a) of this rule."

This rule was recommended to this Court by the Board of Bar Commissioners and was adopted as Rule 7 of the Rules of Disciplinary Procedure (Interim) *fn1 on June 12, 1990, to be effective January 1, 1991. See order published in Alabama Reporter, 562-564 So.2d at CLXXIX. The Board of Bar Commissioners approved the grievance committee of the Talladega County Bar Association sometime after January 1, 1991, for a period of five years, as permitted by Rule 7. The Board of Bar Commissioners likewise approved the grievance committee of the Houston County Bar Association for a period of five years, as permitted by Rule 7.

Although the five-year approval period has not expired, and without offering any evidence of good cause for withdrawing its approval of the local grievance committee, the Alabama State Bar on March 30, 1993, informed the Talladega County Bar Association grievance committee that its jurisdiction was terminated, effective immediately, pursuant to Rule 7. The Alabama State Bar also, on March 30, 1993, informed the Hoston County Bar Association grievance committee that its jurisdiction was terminated, effective immediately, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.