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IN RE: COMMITTEE ON BAR ADMISSIONS CFN-926935 (2021)

Supreme Court of Louisiana.2021-02-09No. No. 2020-BA-00566

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Conditional admission granted. See per curiam.

BAR ADMISSIONS PROCEEDING

Petitioner passed the Louisiana Bar Examination. The Committee on Bar Admissions (“Committee”) subsequently declined to certify petitioner for admission, citing his criminal history and conduct in law school. On petitioners application to this court, we remanded the matter to the Committee on Bar Admissions Panel on Character and Fitness to conduct an investigation and appointed a commissioner to take character and fitness evidence. Following the proceedings, the commissioner filed his report with this court, recommending that petitioner be conditionally admitted to the practice of law. Neither party objected to this recommendation.

Considering the commissioners recommendation and the entire record of this proceeding, we conclude petitioner is eligible to be admitted to the practice of law in Louisiana, subject to the following conditions:

1. Petitioner shall continue to comply with the terms of the monitoring agreement he signed with the Judges and Lawyers Assistance Program (“JLAP”) on September 2, 2020.

2. Petitioner shall amend his JLAP agreement to incorporate a requirement that he participate in mental health treatment with a competent medical professional approved by JLAP. Petitioner shall execute a written release with his healthcare provider to allow the submission of quarterly written progress reports to JLAP.

3. The period of this conditional admission shall coincide with the period of petitioners JLAP agreement. However, petitioners conditional admission status shall not be terminated until this court so orders.

4. Petitioner shall authorize the Executive Director of JLAP to report any violations of the JLAP agreement to the Office of Disciplinary Counsel (“ODC”).

5. Upon the expiration of the term of petitioners JLAP agreement, the Executive Director of JLAP shall forward to the ODC (a) a final report of petitioners progress and participation in JLAP, and (b) a recommendation regarding the need for petitioners continued participation in JLAP.

6. Following receipt of the report from JLAP, the ODC shall file a report in this court in which it shall recommend whether the conditional admission shall be allowed to terminate or shall be extended.

7. Petitioner shall cooperate with JLAP and the ODC, and shall comply with any and all requirements imposed upon him by JLAP and the ODC.

8. Petitioner shall complete all requirements of the Louisiana State Bar Associations “Transition Into Practice” program.

Should petitioner fail to make a good faith effort to satisfy these conditions, or should he commit any misconduct during the period of probation, his conditional right to practice may be terminated or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement.

CONDITIONAL ADMISSION GRANTED.

While I commend petitioners recovery efforts in terms of his past substance abuse, I remain troubled by his history of criminal behavior and related misconduct, which evidence a lack of character and fitness to practice of law. Accordingly, I disagree with the majoritys conditional admission and would deny petitioners application.

Crichton, J., would deny conditional admission and assigns reasons.