Opinion
2023-B-01103
10-03-2023
IN RE: JULIE MICHAEL UDOESSIEN
ATTORNEY DISCIPLINARY PROCEEDING
IN RE: Disciplinary Counsel - Applicant Other; Julie Michael Udoessien - Applicant Other; Joint Petition for Consent Discipline;
PER CURIAM
Joint petition for consent discipline accepted.
JLW
WJC
JBM
PDG
Hughes, J., concurs in part and dissents in part.
Crichton, J., concurs in part and dissents in part for the reasons assigned by Genovese, J.
Genovese, J., concurs in part and dissents in part and assigns reasons.
The Office of Disciplinary Counsel ("ODC") commenced an investigation into allegations that respondent was arrested for driving while intoxicated and having an open alcoholic beverage container in her vehicle. 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 Julie Michael Udoessien, Louisiana Bar Roll number 38486, be and she hereby is suspended from the practice of law for a period of one year and one day. It is further ordered that this suspension shall be deferred in its entirety and that respondent shall be placed on probation for a period of one year and one day, subject to the conditions set forth in the petition for consent discipline. The probationary period shall commence from the date respondent and the ODC execute a formal probation plan. Any failure of respondent to comply with the conditions of probation, or any misconduct during the probationary period, may be grounds for making the deferred suspension executory, or imposing additional discipline, as appropriate.
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.
Genovese, J., concurs in part, dissents in part, and assigns the following reasons.
The majority has voted to accept this joint petition for consent discipline. Based on the facts presented, I concur in a fully deferred suspension and a one-year probation. However, I dissent from a one year and one-day suspension as overly harsh considering other dispositions made by this Court and the need for consistency in bar discipline cases. Decisions in matters, such as these, are fact intensive and should be made on a case-by-case basis.
In this case, Respondent (Ms. Udoessien) was arrested for driving while intoxicated (DWI), first offense, and having an open alcoholic beverage container in her vehicle. As requested by the Office of Disciplinary Counsel, Respondent submitted to an evaluation by the Judges and Lawyers Assistance Program (JLAP). That evaluation revealed that Respondent does not meet the criteria for any alcohol-related or drug-related conditions, and JLAP made no further recommendations. Respondent has no prior disciplinary record, no dishonest or selfish motive, and no prior DWI arrests. Respondent has displayed a cooperative attitude toward these proceedings, has shown remorse, and has accepted responsibility for her actions.
For these reasons, I dissent in part from the majority and would impose a one-year (as opposed to a one year and one-day) suspension, fully deferred, subject to a one-year probation with the recommended conditions.