Burglary And Theft Draws Suspension

An 18-month suspension has been imposed by the Louisiana Supreme Court of an attorney 

In April 2014, respondent broke into her ex-husband’s home and stole a man’s diamond ring (valued at approximately $13,000) and a woman’s Rolex watch (valued at approximately $6,000). Respondent then sold the ring and the watch to Diamond Distributors Inc. for approximately $2,700 and used the money to gamble. On May 20, 2014, respondent was arrested for felony theft and burglary of an inhabited dwelling and booked into the East Baton Rouge Parish Prison. On June 22, 2014, respondent self-reported her arrest to the ODC.

The attorney defaulted on the charges but offered mitigating evidence.

The court considered mental health issues in determining an appropriate sanction and found the misconduct less aggravated than that in a prior case 

In determining an appropriate sanction, we find guidance from In re: Sterling, 08-2399 (La. 1/30/09), 2 So. 3d 408. In that case, Mr. Sterling went to the apartment of his former fiancée so that he could retrieve her engagement ring and the keys to a car he had given her. Mr. Sterling knocked on the doors and windows of the apartment, but the woman did not respond. Mr. Sterling then kicked in the door and forced his way inside the apartment. Upon discovering the woman in her bedroom with another man, Mr. Sterling grabbed her by the arms and pushed and shoved her around the apartment. Mr. Sterling was arrested on charges of unauthorized entry of an inhabited dwelling and simple battery. He later pleaded guilty to unauthorized entry of an inhabited dwelling. Mr. Sterling also failed to properly notify his clients of his interim suspension, failed to return a client’s file after he was placed on interim suspension, and transferred a client matter to another attorney without the consent of the client…

In the instant matter, respondent did not engage in the crime of battery, nor did she engage in any other attorney misconduct, as was present in Sterling. Furthermore, there are compelling mitigating factors present in this case, notably the absence of a prior disciplinary record and respondent’s significant personal and emotional problems. As such, we find a downward departure from the two-year suspension imposed in Sterling is appropriate.

Justice Weimer

I dissent and would order this matter be scheduled for oral argument so as to better evaluate whether a lesser sanction would serve the interests of the disciplinary system.

Justice Hughes agreed with Justice Weimer. (Mike Frisch)