A Dangerous Mix Of Sex, Drugs And Farming

The Louisiana Supreme Court disbarred an attorney who defaulted on these charges:

Count One

On September 28, 2009, New Orleans police, while responding to a report of suspicious activity, observed respondent exiting a vehicle with a needle sticking out of her forearm and blood trickling down her arm. After taking possession of the needle and questioning respondent, she acknowledged the presence of additional drug paraphernalia in a bag located under the vehicle’s seat. This drug paraphernalia included additional needles, a lighter, a “coppertop” that had been burned on the bottom, and an elastic band that the police confirmed is associated with heroin use.

After respondent’s arrest and arraignment for possession with intent to use drug paraphernalia in violation of La. R.S. 40:1033, she was released on bond. Respondent subsequently failed to appear in court for trial, which resulted in a bench warrant for her arrest. The district attorney’s office eventually dismissed the charges against respondent when they became stale after not locating her.

Count Two 

Respondent represented M.S and her husband W.S in connection with their corporate farming enterprise and business. During the representation, respondent commenced a sexual relationship with W.S. and introduced him to the drug culture in which she was engaged. Respondent’s conduct with W.S. resulted in the acrimonious divorce of M.S. and W.S.

Count Three

Respondent has been ineligible to practice law since September 10, 2010 for failing to pay her bar dues and the disciplinary assessment. Additionally, as a result of her conduct in Count I above, respondent was interimly suspended from the practice of law by order of this court effective February 7, 2012. Notwithstanding her status, in December 2011, respondent continued to represent W.S. and his farming enterprise.

Count Four

In September 2010, respondent was arrested on an attachment for contempt of court arising from her failure to appear in response to a speeding citation. Months later, respondent appeared and paid her court fine.

In October 2012, respondent was involved in a motor vehicle accident and was cited for driving with a suspended driver’s license and failure to maintain control. Respondent failed to appear for her arraignment, and an attachment was issued, which attachment remains open.

Count Five

In March 2013, respondent and W.S. were arrested in Ascension Parish when they were caught by police in a bathroom of the Lamar Dixon Center in possession of cocaine, crack cocaine, and a crack pipe. Respondent was released on bond but failed to appear for her arraignment. A bench warrant was issued for her arrest, and she is currently a fugitive from justice.

The attorney did participate in the discipline matter.

Sanction

Respondent knowingly and intentionally violated duties owed to her clients, the public, the legal system, and the legal profession, causing significant actual harm. The baseline sanction for this type of misconduct is disbarment. The record supports the aggravating and mitigating factors found by the disciplinary board. Additionally, the mitigating factor of personal or emotional problems is present because evidence in the record indicates respondent has a severe drug problem.

Regarding the appropriate sanction for respondent’s misconduct, in addition to the cases cited by the board, we find guidance from In re: Blanche, 12-0552 (La. 6/22/12), 90 So. 3d 1034. In Blanche, an attorney neglected a legal matter, failed to communicate with a client, and was convicted of three drug- and alcohol-related criminal offenses. For this misconduct, we suspended the attorney from the practice of law for three years. In light of this case law, and given that respondent also practiced law while ineligible to do so and engaged in a sexual relationship with a client, we find disbarment is warranted.

Justice Hughes would impose a lesser sanction. (Mike Frisch)