Opinion
No. 2020-B-00428
05-14-2020
IN RE: Keith Thomas WHIDDON
PER CURIAM
Joint petition for consent discipline accepted. See per curiam.
Crichton, J., dissents and assigns reasons.
ATTORNEY DISCIPLINARY PROCEEDING
The Office of Disciplinary Counsel ("ODC") commenced an investigation into allegations that respondent knowingly provided a false answer to an interrogatory during discovery in his pending divorce proceeding, after respondent self-reported his misconduct. Prior to the filing of formal charges, respondent and the ODC submitted a joint petition for consent discipline. Having reviewed the petition,
IT IS ORDERED that the Petition for Consent Discipline be accepted and that Keith Thomas Whiddon, Louisiana Bar Roll number 35384, be publicly reprimanded.
IT IS FURTHER ORDERED that all costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.
ATTORNEY DISCIPLINARY PROCEEDING
CRICHTON, J., would reject the petition for consent discipline and assigns reasons:
As I have previously noted, the Louisiana Constitution vests this Court with original jurisdiction in all "disciplinary proceedings against a member of the bar." La. Const. art. V, § 5 (B). Notwithstanding the fact that petitioner and the Office of Disciplinary Counsel have submitted this matter as a joint petition, I believe – as our Constitution provides – that the seven justices may determine the appropriate result under that exclusive grant of jurisdiction. See , e.g. , In Re Committee on Bar Admissions CFN-867377 , 20-295 (La. 4/27/20), ––– So.3d –––– (Crichton, J., concurring in part and dissenting in part, and would admit petitioner without conditions imposed by majority); In re: Hardee , 18-1555 (La. 11/14/18), 259 So. 3d 329 (Crichton, J., dissents from consent discipline petition as unduly harsh); In re: Committee on Bar Admissions CFN-1152 , 17-706 (La. 6/5/17), 220 So. 3d 1293 (Crichton, J., would reject joint petition for conditional admission and admit without conditions).
Under the unique circumstances of this disciplinary matter, I would reject the Joint Petition for Consent Discipline as too harsh. Instead, given respondent lawyer's age, experience in the practice of law, the personal nature of the underlying litigation and the fact that he was not representing a client, I would issue a private reprimand.