Get With The Program
A Louisiana Hearing Committee had recommended that a petition for reinstatement be denied because the attorney had not fully complied with the treatment regimen of the Judges and Lawyers Assistance Program (“JLAP”)
The suspension involved criminal charges
Respondent pleaded no contest to charges of domestic battery and simple battery. Following the filing of formal charges, respondent and the Office of Disciplinary Counsel submitted a joint petition for consent discipline. Having reviewed the petition,
IT IS ORDERED that the Petition for Consent Discipline be accepted and that Luke J. Thibodeaux II, Louisiana Bar Roll number 32287, be and he hereby is suspended from the practice of law for two years, with all but one year and one day deferred. This suspension shall be retroactive to October 6, 2020, the date of respondent’s interim suspension.
The committee summarized testimony of the JLAP Clinical Director
Petitioner went to the Professional Wellness Center for another assessment. They recommended Petitioner participate in additional inpatient treatment. Petitioner reached out to JLAP in 2022 and JLAP referred him to get an updated assessment that called for intensive outpatient treatment which he successfully completed. Petitioner entered into a five-year Substance Use Disorder Recovery Agreement with JLAP on September 29, 2022. Hansel Harlan was Petitioner’s JLAP monitor. Petitioner failed a PEth test following his relapse in September 2023, but did not advise his JLAP monitor or Ms. Gros of his non-compliance until after the reinstatement hearing in October 2023 was continued. Petitioner also went to Red Hill Recovery for an updated evaluation. In December 2023, Red Hill Recovery recommended that Petitioner participate in inpatient treatment and sign a new monitoring agreement with JLAP. Petitioner stopped communicating with JLAP. JLAP efforts to engage Petitioner were unsuccessful, so he was discharged by JLAP in May 2024. JLAP later forwarded referrals to get an updated multi-discipline evaluation, but Petitioner has not done so. Petitioner did not comply with the conditions of his JLAP monitoring agreement and he is not currently a party to a JLAP recovery agreement. Petitioner has not complied with a JLAP treatment recommendation for an updated multi-disciplinary assessment of Petitioner’s condition.
The committee noted the while Petitioner has made “good strides” in his alcohol recovery, he had failed to adhere to the requirements of the applicable rule
Petitioner established by clear and convincing evidence that 1) he has fully complied with the terms and conditions of all prior disciplinary orders (Section 24(E)(1)); 2) he has not engaged nor attempted to engage in the unauthorized practice of law during his period of suspension (Section 24(E)(2)), 3) he recognizes the wrongfulness and seriousness of his conduct for which he was suspended (Section 24(E)(4)), 4) he has not engaged in any other professional misconduct since suspension (Section 24(E)(5)), 5) he has the requisite honesty and integrity to practice law (Section 24(E)(6)), 6) and satisfied the requirements of Section 24(E)(7) – 24(E)(11). Petitioner did not prove satisfaction of the requirements of Rule 24(E)(3) which in part provides: where alcohol abuse was a causative factor in the lawyer’s misconduct, the lawyer shall not be reinstated or readmitted unless all three conditions set forth therein are met.
Thus
The Committee respectfully recommends that Petitioner’s application for reinstatement be denied. Petitioner did not prove satisfaction of the requirements of Rule 24(E)(3), which in part provides: where alcohol abuse was a causative factor in the lawyer’s misconduct, the lawyer shall not be reinstated or readmitted unless all three conditions set forth therein are met. If the Committee did not find itself restricted by the clear and unambiguous terms of Section 24(E)(3), the Committee may be inclined to recommend that Petitioner be provisionally reinstated subject to Petitioner’s immediate and absolute compliance with all JLAP recommendations, protocol, and monitoring for a period of two years.
(Mike Frisch)