Almost Teacher Of The Year
The Louisiana Attorney Disciplinary Board has recommended a fully-stayed one year and a day suspension for conversion of entrusted funds.
In December 2006, Respondent wrote checks drawn on the firm’s client trust account totaling $2,900 [sic t to obtain cash to permit him to gamble at a Shreveport casino.
Respondent thereafter self-reported these offenses to ODC and began treatment with Gamblers Anonymous. Full restitution of the funds were made to the firm’s account shortly after Respondent reported to the ODC.
Nonetheless, by his acts and omissions, the Respondent has violated Rule 1.15 (conversion of client/third party funds).
As to sanction
The Levith case is similar to the matter at hand in that both respondents converted funds from their client trust accounts to pay for gambling activities. The Board recognizes that Mr. Levith’s misconduct was classified as negligent by the Court, and Mr. Miciotto’s misconduct was knowing and intentional. Nevertheless, given the mitigating factors present here, including absence of a prior disciplinary record, personal or emotional problems, remorse, and full and free disclosure to disciplinary board or cooperative attitude toward proceedings, the Board finds that the hearing committee’s recommended sanction of a one year and one day suspension, fully deferred with conditions, is more appropriate than the harsher sanction imposed in Levith. Further, the Board is impressed with the Respondent’s efforts towards rehabilitation and his work from 2007-2014 as a teacher in the Caddo Parish School District. As noted above, the Respondent earned the honor as Teacher ofthe Year at Fair Park High School in 2013 and was a finalist for 2013 Teacher of the Year for the Caddo Parish School District. The affidavit submitted by Schannon Lanclos, his former supervisor at Woodlawn High School and Fair Park High School in the Caddo Parish School District, describes Respondent as an outstanding teacher, coach and employee who was well-respected by students, teachers and school administrators. Given this, the Board will adopt the hearing committee’s recommended sanction, with the addition of a two year probationary period.
I accord substantial weight to the voluntary self-report but otherwise view this as a rather lenient response to the misconduct.
Notably, it appears that the self-report occurred in 2007. (Mike Frisch)