Opinion
No. 2021-OB-01199
10-05-2021
IN RE: Ramsey Terry MARCELLO
Conditional readmission granted. See per curiam.
Weimer, C.J., dissents.
Crichton, J., dissents and assigns reasons.
Crain, J., dissents.
PER CURIAM
This proceeding arises out of an application for readmission filed by petitioner, Ramsey Terry Marcello, an attorney whose conditional admission to the practice of law in Louisiana was revoked in November 2011.
UNDERLYING FACTS AND PROCEDURAL HISTORY
Petitioner passed the Louisiana bar exam in July 2009. Because of concerns about his history of substance use, we admitted him to the practice of law on June 17, 2010 conditioned upon his participation in the Judges and Lawyers Assistance Program ("JLAP") for one year. On November 16, 2011, we revoked petitioner's conditional admission after he violated the terms of his JLAP contract by using cocaine and drinking alcohol, among other things. Petitioner subsequently completed an inpatient substance abuse treatment program and executed a new five-year JLAP recovery agreement on December 4, 2017.
In November 2020, petitioner filed an application for readmission with the disciplinary board, alleging he has complied with the readmission criteria set forth in Supreme Court Rule XIX, § 24(E). The Office of Disciplinary Counsel ("ODC") took no position regarding the application for readmission. Accordingly, the matter was referred for a formal hearing before a hearing committee.
Following the hearing, the committee recommended that petitioner be readmitted to the practice of law, subject to the condition that he be placed on probation during the remainder of the term of his JLAP recovery agreement and that he remain in compliance with it. Neither petitioner nor the ODC objected to the committee's recommendation.
DISCUSSION
After considering the record in its entirety, we find petitioner has met his burden of proving that he is entitled to be readmitted to the practice of law on a conditional basis. Accordingly, we will order that petitioner be readmitted to the practice of law, subject to the following conditions:
1. Petitioner shall continue to comply with the terms of the JLAP recovery agreement he signed on December 4, 2017.
2. The period of this conditional readmission shall coincide with the period of petitioner's JLAP agreement. However, petitioner's conditional readmission status shall not be terminated until this court so orders.
3. Petitioner shall authorize the Executive Director of JLAP to report any violations of the JLAP agreement to the ODC.
4. Upon the expiration of the term of petitioner's JLAP agreement, the Executive Director of JLAP shall forward to the ODC (a) a final report of petitioner's
progress and participation in JLAP, and (b) a recommendation regarding the need for petitioner's continued participation in JLAP.
5. Following receipt of the report from JLAP, the ODC shall file a report in this court in which it shall recommend whether the conditional readmission shall be allowed to terminate or shall be extended.
6. Petitioner shall cooperate with JLAP and the ODC, and shall comply with any and all requirements imposed upon him by JLAP and the ODC.
Should petitioner fail to comply with any requirement of his recovery agreement or otherwise 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 immediately, or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement, as appropriate.
DECREE
Upon review of the recommendation of the hearing committee, and considering the record, it is ordered that Ramsey Terry Marcello, Louisiana Bar Roll number 32977, be immediately readmitted to the practice of law in Louisiana, subject to the conditions set forth in this opinion. All costs of these proceedings are assessed against petitioner.
CRICHTON, J., dissents, and would deny readmission.
As briefly described in the per curiam , petitioner has a lengthy and unflattering history before this Court. See , e.g. , In re Ramsey T. Marcello , 11-1539 (La. 11/16/11), 74 So. 3d 210 (revoking conditional admission to practice law) (Guidry, J., dissents and would permanently revoke conditional admission); 17-1436 (La. 11/17/17), 229 So. 3d 922 (denying conditional admission to practice law). Over the course of many years, petitioner repeatedly resisted addressing what outside professionals deemed to be misuse, if not outright abuse, of controlled substances. In conjunction with the denial of petitioner's 2017 application for readmission for failure to comply with the terms of the 2011 order, Justice Marcus Clark dissented, noting that based on petitioner's conduct, "I am doubtful that he should ever be readmitted." 17-1436, p.1, 229 So. 3d at 922.
In this—now his third application (petitioner also reapplied in 2018 then moved to withdraw that second application for readmission)—petitioner appears to have made some progress. However, in my view, petitioner has not complied with the readmission criteria set forth in Supreme Court Rule XIX, § 24(E)(3)(c), insofar as he has not demonstrated "sustained abstinence from addictive substances." I would therefore reject the application at this juncture.