Disbarment Proposed For Misconduct As Judicial Clerk

A Louisiana Hearing Committee found that a judicial clerk had provided confidential information to a litigant despite the recusal of her judge and herself and in violation of the law.

Charges

The ODC investigation reveals that between February and August of 2018, Respondent was an employee of the Louisiana Second Circuit Court of Appeal (“Second Circuit”) and serving as a judicial law clerk to then-Chief Judge Henry N. Brown, Jr. (“H. Brown”). During that period, two matters were pending at the Second Circuit involving litigant Hanh T. Williams (“H. Williams”): (1) Succession of Houston, 52,181-CA; and (2) Succession of Houston, 52,300-CW. H. Williams is a personal friend of H. Brown and of Respondent. H. Brown was recused in both matters, and Respondent knew that H. Brown was recused.

While employed at the Second Circuit, Respondent knowingly and intentionally corrupted the judicial process by surreptitiously collecting confidential court information and court records, including confidential court information and court records pertaining to H. Williams’s pending matters. Respondent emailed the confidential court information and court records to her private email, to H. Williams, and to others. Respondent also saved confidential court information and court records to a personal flash drive, which never was recovered. Respondent conducted legal research and drafted pleadings, memoranda, and correspondence with the intention that the pleadings, memoranda, and correspondence would be filed on behalf of H. Williams with the Second Circuit under another attorney’s signature. In perpetrating this extensive fraud on the court, Respondent used State resources that included a court-provided computer, copier, paper, and Westlaw subscription.

Findings

On October 24, 2022; Respondent entered a nolo contendere plea to a charge that on or about and between the dates of February 1, 2018, and August 16, 2018, Respondent did intentionally disclose, use, copy, take or access, without consent, intellectual property defined in La. R.S. 14:73.1(10), ODC-66, p.3160. “A plea of nolo contendere is tantamount to an admission of guilt and, for purposes of disciplinary proceedings, equivalent to a plea of guilty.” Louisiana State Bar Ass’n v. O’Halloran, 412 So. 2d 523, 525 (La. 1/8/82).

This committee finds that on February 1, 2018, Respondent was hired as Law Clerk for Judge Brown. She signed an Acknowledgment of Second Circuit Personnel Policies and Procedures and an Acknowledgment of Receipt of Policy and Procedures for Use of Computer & Electronic Communications and Social Media Policy (ODC-18a). Respondent was informed Judge Brown was recused from her friend’s cases. Respondent, as a licensed attorney, and former candidate for Judge, should have known and had a basic understanding of conflicts and recusal.

The matter of Succession of Houston, 52,181-CA, a case involving a close friend (Hanh T. Williams) of both Judge Brown and the Respondent was pending before the Court and Respondent knew that Judge Brown was recused from this matter (and associated matters) and that this recusal also applied to her.

Respondent knowingly and intentionally collected court information, including items which were undisputedly confidential (Pre-argument memorandum, Opinion Distribution sheet, Civil Issue Sheet) and transmitted same to her friend, while at the same time she was doing legal work for the litigant. ODC-18a.

As a result of the discovery of this situation, all of the Judges of the Second Circuit Court of Appeal recused themselves and the matters had to be transferred to another circuit for conclusion.

The committee found a number of rule violations and recommended disbarment but not permanent disbarment.

KTBS3 reported on the charges

The alleged hacking occurred in July 2018. Brown’s secretary had checked a copy machine and saw that someone had tried to print confidential information such as memos and drafts of the pending opinion involving Chu’s friend. The copy machine had shut down when it ran out of toner.

Judge Brown’s colleagues on the court fired Chu and filed a complaint with the Sheriff’s Office, which began investigating.

The chief justice of the Louisiana Supreme Court ordered Brown to stay away from the 2nd Circuit courthouse after a fellow judge who was considering the appeal filed a complaint Brown was trying to intimidate him, court documents reviewed by KTBS News say. Brown, who has denied any improper behavior and has not been accused of involvement in the alleged hacking, retired shortly after that.

The judges whose draft opinions were hacked upheld the lower court verdict against Chu’s friend.

Authorities acknowledged Chu’s arrest came as she was running for a judgeship but said the investigation started long before she filed to run. An arrest was delayed by office shutdowns due to coronavirus and a review of the case by the state attorney general’s office, said Caddo District Attorney James Stewart, whose office will prosecute Chu.

The appeals court case involves Hanh Williams, who was accused of breaching her fiduciary duty as the trustee and executrix of a man’s trust and estate. Williams, a financial planner, over time had become involved in all of that man’s financial affairs, court records show.

A Caddo District Court civil jury in November 2016 awarded $1.5 million in damages to the estate of the man, Fred Houston of Shreveport. Allegations in the lawsuit questioned some billings and expenses to Houston and then to his estate after he died.

Williams said she was a good steward of Houston’s money and defended the charges as appropriate. She appealed the verdict to the Second Circuit Court of Appeal.

Authorities said Chu emailed some of the documents in the pending appeals court opinion to Williams and also provided her legal advice on how to proceed in the case. They said Chu told a detective she was only interested in her friend’s case and had no malicious intent when she accessed the file.

(Mike Frisch)