The Mississippi Bar v. William S. Boyd, III
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Serial: 113195
IN THE SUPREME COURT OF MISSISSIPPI
No. 2004-BD-00288-SCT
THE MISSISSIPPI BAR
v.
WILLIAM S. BOYD, III
ORDER OF DISBARMENT
¶1.
The Mississippi Bar has filed a formal complaint, pursuant to Rule 6 of the Rules of Discipline for
the Bar, seeking disbarment of attorney William S. Boyd, III, who pled guilty to one count of embezzlement
against a bankruptcy estate in violation of 18 U.S.C. § 153 in the United States District Court for the
Southern District of Mississippi. Upon acceptance of Boyd’s guilty plea in cause no. 1:03cr5GRo-001,
the federal district court sentenced Boyd to serve a term of 26 months in the custody of the United States
Bureau of Prisons. As a special condition of Boyd's supervision, he was required to "surrender his license
to practice law and not reapply for admission to the practice of law without the express permission of the
United States District Court." He was further ordered to pay restitution in the amount of $395,000.
I.
¶2.
The Bar, on its own initiative, filed the present Formal Complaint against Boyd on February 11,
2004, in which it asked that Boyd be disbarred based on the 2003 guilty plea and 2004 felony conviction.
Boyd executed an acknowledgment of receipt of the summons and formal complaint on February 19, 2004;
however, Boyd did not file a response to the complaint.
II.
¶3.
Rule 6(a) of the Mississippi Rules of Discipline states that if an attorney enters the plea of guilty to
any felony, the judgment "shall be conclusive evidence" of that attorney's guilt. Boyd pled guilty to one
count of embezzlement against a bankruptcy estate. The Complaint Counsel has forwarded to this Court
a certified copy of the judgment. This constitutes conclusive evidence of Boyd's guilt as required by Rule
6(a).
¶4.
Rule 6(d) states that once all appeals have been concluded in the cause without reversal, it is the
duty of Complaint Counsel to make such certification to this Court, which shall then enter an order of
disbarment. No further proceedings have been filed in United States District Court for the Southern District
of Mississippi Case No. 1:03cr5GRo-001. Therefore, Boyd's criminal conviction is now final. Rule 6(d)
requires that this Court enter an order disbarring Boyd.
¶5.
IT IS, THEREFORE, ORDERED, ADJUDGED, and DECREED as follows:
¶6.
William S. Boyd, III, should be, and is hereby, DISBARRED.
¶7.
This order shall constitute notice of disbarment in this cause.
¶8.
The Clerk of the Supreme Court of Mississippi shall immediately forward an attested copy of this
order to the Circuit Court Judges and Chancellors in and for Jones and Harrison Counties, Mississippi, and
the Senior Judges of such courts shall enter this order upon the minutes of their respective courts.
¶9.
The Clerk of the Supreme Court of Mississippi shall immediately forward an attested copy of this
order to the Clerks of the United States District Courts for the Northern and Southern Districts of
Mississippi, the Clerk of the United States Court of Appeals for the Fifth Circuit, and the Clerk of the
Supreme Court of the United States.
¶10.
Costs of the formal complaint should be and are hereby assessed against William S. Boyd, III.
¶11.
SO ORDERED, this the _1st____day of June, 2004.
2
/s/ George C. Carlson, Jr.
GEORGE C. CARLSON, JR., JUSTICE
FOR THE COURT
DIAZ, J., NOT PARTICIPATING.
3
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