An attorney’s arrest for possession of cocaine and marijuana drew a proposed stayed two year suspension from the Louisiana Attorney Discipline Board
Respondent has admitted that he has engaged in criminal acts involving the possession of illegal drugs. There was also significant potential harm to others who could have been injured by Respondent’s actions during times when he was impaired. Respondent testified at his mitigation hearing that while intoxicated he engaged in a fight in a New Orleans bar, often drove his vehicle, and wrecked two vehicles. Tr., pp. 19, 23-24, 92, 94. Mitigating factors include: absence of a prior disciplinary record, personal or emotional problems, full and free disclosure to the disciplinary board or cooperative attitude toward the proceedings, imposition of other penalties or sanctions, good character and reputation, mental disability or chemical dependency including alcoholism or drug abuse, and remorse. The sole aggravating factor present is illegal conduct.
The sanction requires continuing compliance with the Bar’s counselling program
The Board adopts the Committee’s findings of fact and its legal conclusions that Respondent violated Rules of Professional Conduct 8.4(a) and 8.4(b). The Committee’s recommended sanction of a two-year period of suspension, fully deferred, along with the conditions that Respondent be assessed all costs and expenses of these proceedings and continue his participation in and complete the JLAP program in which he is currently enrolled, is also adopted by the Board. The Board further recommends that Respondent be placed on unsupervised probation for the period remaining in his current JLAP contract and that he remain in compliance with his probationary terms, with periodic reports being provided to ODC.