Silence Is Not Golden

The Louisiana Attorney Disciplinary Board has proposed a short suspension and probation of an attorney.

In addition to a failure to file tax offense (count one)

Respondent represented a criminal defendant identified as Zarius Brown in State of Louisiana vs. Zarius Brown, Docket #18CR10-139415 in Washington Parish. Brown faced charges of attempted first-degree murder of a police officer. Reportedly the defendant/client voluntarily chose to absent himself from the trial. Respondent moved for a continuance but upon consideration of the argument advanced, the trial judge denied the motion. Respondent then advised that he would not participate in the trial but rather would simply sit at counsel table, taking no role in the defense of his client. He did not participate in jury selection, opening statements, cross examination of any witnesses, did not call any witnesses, and declined to participate in closing arguments. The jury found the defendant guilty. On appeal the Respondent’s conduct was determined to be a clear case of ineffective assistance of counsel such that the  defendant’s conviction was reversed and the case remanded for a new trial.

Sanction

it appears that the sanction recommended by the Committee in the instant matter — a six-month suspension from the practice of law, with all but two months deferred, followed by a one-year period of probation — which is slightly less severe than that imposed in Cook, isreasonable and is adopted by the Board. This sanction addresses Respondent’s misconduct found in Count 1. Given the unique factual circumstances of Count 2, the Board is of the opinion that Respondent’s violation of Rules 1.3 and 8.4(a) in this count should not add to the severity of this sanction. Finally, for the reasons explained above, ODC’s objection that this sanction is unduly lenient is without merit.

(Mike Frisch)