MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Judiciary A

By: Representative Moak

House Bill 482

AN ACT TO AMEND SECTION 73-3-120, MISSISSIPPI CODE OF 1972, TO EXEMPT CERTAIN FORMER JUDGES FROM CONTINUING LEGAL EDUCATION REQUIREMENTS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-3-120, Mississippi Code of 1972, is amended as follows:

     73-3-120.  Members of the bar shall be divided into active and inactive membership classes which shall be defined as follows:

          (a)  "Active member" means any person admitted to practice law in this state and who is engaged in the practice of law in this state.  Except as otherwise provided in Section 73-3-125, all active members shall be entitled to vote and hold office in the bar. 

          (b)  "Inactive member" means any member, in good standing, who is not engaged in the practice of law in this state.  A person may, upon written request, be enrolled as an inactive member.  Inactive members shall not be entitled to vote and hold office in the bar. 

     As used in this section, the "practice of law" shall include any person holding himself out as a practicing attorney or occupying any position in which he may be called upon to give legal advice or counsel or to examine the law or to pass upon the legal effect of any act, document or law. 

     The Mississippi Bar shall promulgate rules and regulations regarding continuing legal education requirements between active and inactive status.  Such regulations shall provide that any former judge of the circuit, chancery and county courts and former judges and justices of the Court of Appeals and Supreme Court shall be exempt from all continuing legal education requirements after retirement if such judges and justices hear special cases.  Any such judges and justices who do not hear special cases shall be exempt from six (6) hours of continuing legal education each year.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.