The Louisiana Supreme Court ordered permanent disbarment of an attorney

On October 31, 2018, agents of the Narcotics Division of the Jefferson Parish Sheriff’s Office investigated a complaint at respondent’s residence. After obtaining a search warrant, the agents located marijuana which had been separated into numerous vacuum-sealed bags. Respondent was arrested and charged with possession with intent to distribute marijuana.

In April 2019, respondent appeared in the 24th JDC for a pre-trial conference in her criminal matter. Respondent applied to participate in a diversion program, but her application into the program was rejected. On September 17, 2019, respondent withdrew her original plea of not guilty and entered a guilty plea. She was subsequently sentenced to serve three years at hard labor, suspended, and placed on two years of active probation.

After several unsuccessful attempts to provide respondent with a copy of the complaint, the ODC obtained an address in Tennessee and mailed the complaint to that address on June 7, 2019. The correspondence was delivered on June 10, 2019, but respondent did not respond to the complaint or otherwise contact the ODC.

Sanction

The hearing committee has concluded that respondent’s offenses are so egregious that she should be permanently disbarred. In support, the committee cites Guideline 9 of the permanent disbarment guidelines (instances of serious attorney misconduct or conviction of a serious crime preceded by suspension or disbarment for prior instances of serious attorney misconduct or conviction of a serious crime). However, Guideline 9 is inapplicable, as respondent’s September 17, 2019 criminal conviction occurred prior to her November 19, 2019 disbarment in Hingel I.

Three justices would impose regular (i.e. non-permanent) disbarment. (Mike Frisch)