Opinion
No. 2020-B-1119
11-24-2020
IN RE: SCOTT MICHAEL EMONET
ATTORNEY DISCIPLINARY PROCEEDING
CRICHTON, J., concurs and assigns reasons:
Louisiana Supreme Court Rule XIX, § 10 (A) provides that this Court may impose the following sanctions for attorney misconduct: disbarment, suspension, probation, or reprimand. In this matter, respondent and the Office of Disciplinary Counsel have filed a joint petition for consent discipline, indicating respondent has agreed to a public reprimand for negligent mishandling of a client trust account. Although this Court has not historically rejected petitions for joint discipline as imposing too harsh a sanction, it has sometimes accepted sanctions which could arguably be considered as too harsh because the parties have jointly agreed to the sanction. In re: Hernandez, 00-1283 (La. 10/6/00), 770 So.2d 330, 331 at n. 4, citing In re: Estess, 98-2741 (La. 1/8/99), 740 So.2d 93 (Calogero, C.J., concurring). In my view, the misconduct in this matter does not warrant the sanction imposed, as this was an isolated mistake and one which respondent promptly addressed with astute corrective measures. However, because this Court may not unilaterally modify the sanction proposed in a joint petition for consent discipline, I reluctantly accept the joint petition for a public reprimand, although a sanction of private admonishment is more fitting of these circumstances.