Adultery Or Not, Disbarment Proposed
The Louisiana Attorney Disciplinary Board has proposed disbarment of an attorney who, in her own divorce, offered false testimony that she had engaged in an adulterous relationship
Respondent’s ever-changing story regarding the reported adulterous relationship with Mr. Pfleeger is troubling. Respondent responded to discovery and testified in court that she committed adultery with Mr. Pfleeger. She then told Mr. Molaison and now ODC that her testimony was false. However, ODC has confirmed the fact that Respondent did engage in a post-filing adulterous relationship with Mr. Pfleeger. Respondent engaged in professional misconduct. Respondent’s conduct also violated Rule 8.4(a) (violated or attempted to violate the Rules of Professional Conduct).
The misconduct was reported by opposing counsel in the divorce, as was this
On or about June 19, 2005, in Honolulu, Hawaii, Respondent concealed or took possession of goods or merchandise, the value of which exceeded $300.00, said property belonging to Macy’s West, Inc., a store or retail establishment, with intent to defraud, thereby committing the offense of Theft in the Second Degree, in violation of Section 708-831(1)(b) of the Hawaii Revised Statutes. Respondent was charged with said crime by Felony Information dated October 19, 2005. On May 14, 2008, Respondent entered a No Contest plea to Theft in the Second Degree, and moved to defer acceptance of the plea. On September 17, 2008, an Order was signed granting Respondent’s Motion for Deferred Acceptance of No Contest Plea. During the five-year period of deferral, Respondent was placed on supervised probation with specific conditions. She has reportedly completed the terms of her probation.
After the respondent admitted the above violations
On December 19, 2012, the Respondent was operating a motor vehicle at approximately 12:15 a.m. on Homestead Avenue in Jefferson Parish Louisiana. While operating her silver BWM automobile, the Respondent swiped the side of a 2005 Toyota Avalon resulting in damage to that vehicle. Upon arrival of law enforcement personnel, the Respondent was found to be in an impaired state while operating a motor vehicle. The operation of a motor vehicle while under the influence of alcohol to the extent of intoxication is a criminal act and a violation of Rule 8.4(b)…
On March 22, 2013 the Respondent was operating a beige Infiniti automobile in an erratic fashion. Law enforcement performed a traffic stop and discovered a clear plastic bag with seven rocks of crack cocaine in her possession. The Respondent was arrested and charged with careless operation of a motor vehicle as well as possession of a Schedule II narcotic. Upon presentation the District Attorney of Tangipahoa Parish charged the Respondent with a violation of R.S. 40:967.C.(2) – Possession of Schedule II Controlled Dangerous Substance, to wit: Cocaine. On November 12, 2013 the Respondent entered a guilty plea to the charge of possession of a Schedule II Controlled Dangerous Substance and was sentenced under Article 893 [to] serve three years with the department of corrections. The jail term was deferred and Respondent was placed on supervised probation through the Probation and Parole Board. Although required to submit to felony monitoring, on August 7, 2014 the Respondent failed to appear for monitoring resulting in the issuance of a bench warrant for her arrest and a hold without bond. As of this date the Respondent remains a fugitive. The Respondent’s conduct reflects a violation of Rule 8.4(b) of the Rules of Professional Conduct.
The board
when considering the totality of the misconduct in this matter, disbarment is the appropriate sanction. Respondent has engaged in a pattern of criminal conduct, a portion of which strongly suggests the presence of an unresolved substance abuse issue. In addition to this conduct, Respondent intentionally presented fabricated evidence to a tribunal.
(Mike Frisch)