No Purpose To “Inane” Probation

Possession of marijuana and a negligent instance of practice while suspended drew a 30 day suspension followed by a year of unsupervised probation from the Louisiana Supreme Court.

Justice Genovese dissented in part

A majority of this court has opted for a 30-day suspension from the practice of law, followed by a one-year period of unsupervised probation. I concur in the 30-day suspension, but dissent from the probation disposition.

As presented herein, I find the one-year period of unsupervised probation cannot be meaningfully enforced. According to the conditions of the discipline imposed by this Court, once Respondent serves her 30-day suspension, there is no sanction to be imposed should she violate her one-year period of unsupervised probation. So what purpose does the probation serve? None.

A probation contemplates a sanction for a violation thereof. If there is no sanction—as is the case herein—then there is no need for any probation. If there is a violation of probation, without a sentence to be imposed over and above the suspended portion of that sentence, the probation is meaningless and serves no purpose, as there is no sanction for a violation of said probation.

Thus, I would remand for a sanctionable probation or else eliminate this inane probation altogether.

Justices Crain and McCallum joined the dissent in part. (Mike Frisch)