Louisiana Denies Rehearing

The Louisiana Supreme Court denied rehearing in a matter where the court had recently ordered a one-year suspension. 

Chief Justice Johnson would grant the petition

I would grant the Office of Disciplinary Counsel’s Application for Rehearing. As noted by the ODC, three members of this court—including myself—would have imposed a greater sanction than that rendered by the majority. In my original dissent, I expressed concern regarding the leniency of the discipline imposed because respondent’s behavior was serious, intentional, and involved domestic violence with minor children present. Considering respondent’s criminal actions satisfied the elements of a felony (unauthorized entry of an inhabited dwelling), as well as three misdemeanor offenses (domestic abuse battery, simple battery, and simple criminal damage to property), I would accept the Disciplinary Board’s recommendation that respondent be suspended from the practice of law for two years.

Justices Crichton and Crain also would grant rehearing.

As noted in the original dissent, a one-year suspension results in automatic reinstatement; a longer suspension (even a day) requires the suspended attorney to demonstrate fitness prior to reinstatement. 

Although it is commendable that respondent has complied with his pre-trial intervention program, I agree with the hearing committee that a suspension of one year and one day will provide the necessary length of time respondent needs to continue his on-going therapy and compliance thereof. That term would also provide this court, upon petition by the respondent, the ability to evaluate respondent’s character and fitness to reengage in the noble practice of law. See La. Sup. Ct. R. XIX, §24 (“A disbarred lawyer or a suspended lawyer who has served an active suspension of more than one year shall be reinstated or readmitted only upon on order of the court.”).

(Mike Frisch)