Opinion
No. 96-B-1345
July 1, 1996
IN RE: Disciplinary Board LA. St. Bar; — Other(s); Applying for Discipline by Consent following Formal Charges;
Consent discipline granted. See per curiam.
CDK
PFC
WFM
JCW
HTL
JPV
EJB
JOHNSON, J. not on panel.
On September 22, 1993, Respondent was arrested in Baton Rouge, Louisiana for violation of La.R.S. 14:98, driving while intoxicated. On January 7, 1994, Respondent was again arrested for violation of La.R.S. 14:98. At the time of these arrests, Respondent had two prior convictions for violation of La.R.S. 14:98.
On November 22, 1994, Respondent entered guilty pleas to both charges in the 19th Judicial District Court, Parish of East Baton Rouge, Louisiana. On March 10, 1995, the trial court sentenced Respondent for 3rd and 4th offense driving while intoxicated. For the third offense driving while intoxicated conviction, the court sentenced Respondent to one year in prison, suspended, with five years active probation, and special conditions which included six months imprisonment in the Parish jail. For the fourth offense driving while intoxicated conviction, the court sentenced Respondent to ten years in prison with credit for time served and the balance of the sentence suspended, and special conditions which included one year imprisonment in the Parish jail with credit for time served, to run concurrently with the sentence imposed for the third offense driving while intoxicated conviction.
On September 15, 1995, pursuant to Disciplinary Counsel's Motion for Interim Suspension, this Court order Respondent be placed on interim suspension and that disciplinary proceedings be instituted. On October 6, 1995, Disciplinary Counsel filed formal charges against Respondent, alleging conviction of Respondent on third and fourth offense driving while intoxicated charges constituted conviction of a serious crime in derogation of Rules of Professional Conduct 8.4(b). On January 4, 1996, Respondent filed a Motion for Consent Discipline, wherein he proposed that he be suspended from the practice of law for two years, effective from the date of his interim suspension, with all but six months of the suspension deferred, subject to the successful completion of a two year period of supervised probation. Also on January 4, 1996, Disciplinary Counsel filed a concurrence to the proposed consent discipline.
JOHNSON, J., not on panel.
On February 2, 1996, Hearing Committee No. 1 issued a recommendation concluding that the proposed consent discipline should be accepted. On May 29, 1996, after review of the matter and oral argument by Respondent and Disciplinary Counsel, the Disciplinary Board agreed with the Hearing Committee and recommended that the proposed consent discipline be accepted and imposed by this Court. The Disciplinary Board's recommendation notes that while, under the ABA Standards for Imposing Lawyer Sanctions, § 9.22, the aggravating factors of a pattern of misconduct, multiple offenses, vulnerability of victims, and illegal conduct are each present, the mitigating factors under § 9.34 of the ABA Standards of absence of a prior disciplinary record, timely good faith efforts to rectify the consequences of misconduct, mental disability or chemical dependency including alcoholism, imposition of other penalties or sanctions, and remorse are also present.
The Consent Discipline agreed to by respondent and the Office of Disciplinary Counsel and approved by the Hearing Committee and the Disciplinary Board is the appropriate discipline in this case considering the aggravating and mitigating circumstances present. Therefore, this court imposes the following discipline on respondent:
(1) Alton Bates shall be suspended from the practice of law for a period of two (2) years, effective as of the date of Interim Suspension (September 15, 1995), with all but six (6) months of such suspension being deferred, subject to successful completion of two (2) years of supervised probation.
(2) Alton Bates shall comply with the conditions of probation contained in the probation agreement executed by Bates and William Leary on December 22, 1995, and annexed to the Motion for Consent Discipline as Exhibit "A".
(3) In the event Alton Bates violates any of the conditions of probation or any of the Rules of Professional Conduct, Disciplinary Counsel may file a petition for revocation of probation which will result in suspension for the full two (2) year term or Alton Bates may be placed on disability/inactive status.