The Mississippi Bar v. Thomas W. Belleperche

Serial: 231626
IN THE SUPREME COURT OF MISSISSIPPI
No. 2019-BD-00908-SCT
THE MISSISSIPPI BAR
v.
THOMAS W. BELLEPERCHE
ORDER OF DISBARMENT
¶1. The Mississippi Bar, under Rule 13 of the Rules of Discipline for the Mississippi State
Bar, filed a formal complaint against Thomas W. Belleperche after the Indiana Supreme
Court accepted his resignation from the practice of law and barred him from applying for
readmission for a period of five years. Because Belleperche is licensed to practice in
Mississippi, the Bar is obligated to present a certified copy of the judgment to this Court and
to seek reciprocal discipline. The Bar asks this Court to discipline Belleperche appropriately
and to tax all costs and expenses incurred in filing the formal complaint to him. After due
consideration, we find that Belleperche should receive the same discipline as meted out by
the Indiana Supreme Court.
I.
¶2. Belleperche is a resident of Indiana and is also a member of the Mississippi Bar. On
July 22, 2019, a judgment was entered against Belleperche in the Allen County Circuit Court
in Allen County, Indiana. Belleperche pled guilty to violating Indiana Code Section 9-30-5-
3(a)(1), operating a vehicle while intoxicated and having a previous conviction of operating
while intoxicated within the last seven years, a Level 6 felony. Ind. Code Ann. § 9-30-5-
3(a)(1) (West, Westlaw through 2020 2d Reg. Sess. of 121st Gen. Assembly). He tendered
his resignation to the Indiana Supreme Court, which accepted it under Indiana Admission and
Discipline Rule 23(17). The Indiana Supreme Court accepted his resignation and also barred
Belleperche from petitioning for reinstatement for five years.
II.
¶3. “This Court possess ‘exclusive and inherent jurisdiction’ over the discipline of
attorneys under the Mississippi Rules of Discipline.” Miss. Bar v. Thomas, 291 So. 3d 306,
307 (Miss. 2019) (quoting McIntyre v. Miss. Bar, 38 So. 3d 617, 623 (Miss. 2010).
Belleperche, a licensed attorney in the state of Mississippi, is under the disciplinary
jurisdiction of this Court. The Mississippi State Bar is further governed by the Rules of
Discipline. Rule 13 of these Rules of Discipline provides,
A final adjudication in another jurisdiction that an attorney admitted to practice
in the State of Mississippi has been guilty of misconduct shall establish
conclusively the misconduct for purposes of a disciplinary proceeding in the
State of Mississippi. The sole issue to be determined in the disciplinary
proceeding in the State of Mississippi shall be the extent of the final discipline
to be imposed upon the attorney in this State, which may be more or less
severe than the discipline imposed by the other jurisdiction.
M.R.D. 13. “This Court will not engage in further fact finding when a sanction is imposed
by another jurisdiction.” Thomas, 291 So. 3d at 307 (citing Miss. Bar v. Shah, 749 So. 2d
1047, 1049 (Miss. 1999)).
¶4. Under the reciprocity doctrine, this Court will generally impose a sanction that closely
mirrors the sanction that our sister states have imposed unless some circumstances,
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extraordinary in nature, dictate departing from our sister state’s sanction. Id. (quoting Miss.
Bar v. Drungole, 913 So. 2d 963, 970 (Miss. 2005)). We consider nine criteria when
determining reciprocal discipline:
(1) the nature of the misconduct involved; (2) the need to deter similar
misconduct; (3) the preservation of the dignity and reputation of the
profession; (4) protection of the public; (5) the sanctions imposed in similar
cases; (6) the duty violated; (7) the lawyer’s mental state; (8) the actual or
potential injury resulting from the misconduct; and (9) the existence of
aggravating and/or mitigating factors
Id. at 308 (quoting Miss. Bar v. Ogletree, 226 So. 3d 79, 83 (Miss. 2015)). As long as this
Court considers each of these criteria, none need to be addressed individually and separately.
Id. (quoting Ogletree, 226 So. 3d at 83).
¶5. Belleperche voluntarily resigned from the Indiana Bar due to his guilty plea, and he
makes no formal response to the Mississippi Bar’s complaint.
III.
¶6. The precedent of this Court establishes that disbarment and a five-year ban on
application for readmission from the date of the entry of this order is an appropriate sanction.
This Court hereby disbars Belleperche and revokes his license to practice before all
Mississippi courts. Belleperche is required to pay all costs associated with the filing and
prosecution of this complaint.
IV.
¶7. WE THEREFORE ORDER as follows:
1. Thomas W. Belleperche is disbarred from the practice of law in the State of
Mississippi, and his name shall be immediately removed from the rolls of the
Mississippi Bar;
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2. The Clerk of the Supreme Court of Mississippi (the Clerk) shall immediately
forward to the attorneys of record for each party a copy of this Order of
Disbarment and shall send Belleperche’s copy by certified mail, return receipt
requested;
3. The Clerk shall immediately forward an attested copy of this Order of
Disbarment to the Clerks of the United States District Court, Northern and
Southern Districts of Mississippi, to the Clerk of the United States Court of
Appeals for the Fifth Circuit, and to the Clerk of the Supreme Court of the
United States;
4. The Clerk shall immediately forward an attested copy of this Order of
Disbarment to the judges of the circuit, chancery, and county courts of the
districts where Belleperche resided and practiced law, with instructions to
include a copy of this judgment upon the minutes of their respective courts;
5. The Clerk shall forward an attested copy of this Order of Disbarment to the
Executive Director of the Mississippi Bar;
6. Belleperche is assessed all costs of this disciplinary proceeding. See M.R.D.
25(a).
7. Belleperche is hereby enjoined from practicing law in Mississippi; from
holding himself out as an attorney at law; from performing any legal service
for others; from accepting any fee directly or indirectly for legal services to be
performed for others; from appearing as counsel or in any representative
capacity in any proceeding in any court of the State of Mississippi, or before
any administrative body or agency thereof; from holding himself out to others
as or using his name in any manner in conjunction with the phrases “attorney
at law,” “attorney,” “counselor at law,” “counselor,” or “lawyer,” for the
period of his disbarment until such time as he is reinstated to the practice of
law in this State by the Supreme Court of Mississippi;
8. Within ten days of receipt of this Order of Disbarment, Belleperche shall
notify in writing each of his clients of his disbarment and of his consequent
inability to act as an attorney and shall advise each such client to promptly
substitute another attorney or attorneys in his place or to seek legal advice
elsewhere;
9. Belleperche shall return all files, papers, monies, and other properties
belonging to his clients in his possession, if any such clients request the same
after receiving notification from him. Within thirty days of receipt of this
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Order of Disbarment, Belleperche shall file with this Court an Affidavit stating
that all current clients have been notified of his disbarment and that all files,
papers, monies and other property belonging to such clients have been returned
as ordered herein and showing, in the cases in which it was not possible to
notify such clients or return their property, that due diligence was used to do
so;
10. Within ten days of receipt of this Order of Disbarment, Belleperche shall
notify every attorney and adverse party in any Mississippi proceeding in which
he is involved and all affected courts and agencies of his disbarment and
consequent inability to act as an attorney.
SO ORDERED, this the 19th day of May, 2020.
/s/ Michael K. Randolph
MICHAEL K. RANDOLPH
CHIEF JUSTICE
FOR THE COURT
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