La. R. Sup. Ct. 19

As amended through May 31, 2024

Section 19 - Lawyers Convicted of a Crime

A.Determination of Conviction. Upon learning that an attorney has been convicted of a crime, whether the conviction results from a plea of guilty or nolo contendere or a verdict after trial, disciplinary counsel shall secure proof of the finding of guilt from the applicable clerk of court. Clerks of court and district court judges should assist in the prompt identification of such attorneys by notifying the Office of Disciplinary Counsel immediately following an attorney's criminal conviction.

B.Definition of "Serious Crime." The term means "serious crime" means any felony or any other lesser crime that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, or any crime a necessary element of which, as determined by the statutory definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, or an attempt, conspiracy or solicitation of another to commit a "serious crime."

C.Procedure When Conviction Not Final. Disciplinary counsel shall initially make a determination whether or not the crime of which the attorney has been convicted constitutes a serious crime. In determining whether or not the crime constitutes a serious crime, disciplinary counsel shall study the statute defining the crime, particularly if the crime involves violation of a statute of the Federal Government or any other state or jurisdiction.

If disciplinary counsel concludes that the crime of which the attorney has been convicted is not a serious crime, he/she shall process the case in accordance with Section 11 of these rules. If disciplinary counsel determines that the crime is a "serious crime," he/she shall prepare a motion and order for interim suspension and forward it to the court and to the respondent with a proof of the finding of guilt. Within fifteen (15) days of the mailing of the motion for the order of interim suspension, the lawyer may, by filing an appropriate pleading with the clerk of this court, assert any jurisdictional deficiency that establishes that the suspension may not properly be ordered, such as that the crime did not constitute a "serious crime" or that the lawyer is not the individual convicted. If this court determines that the crime is not serious, the matter will be referred back to the agency for processing in the same manner as any other information coming to the attention of the agency.

If this court deems it advisable, it may order that a hearing be held before a hearing committee to determine any such jurisdictional issues. If a hearing is so ordered, evidence relevant to the issue(s) to be decided may be introduced in the same fashion as other hearings conducted under these rules. Subsequent to this hearing, the healing committee shall promptly submit its findings on the issue(s) to be decided to this court.

If, without having ordered a hearing, or after the matter has been processed as noted in the preceding paragraph, this court concurs with disciplinary counsel or with the opinion of the hearing committee that the crime of which the attorney has been convicted constitutes a serious crime, this court may suspend the respondent from the practice of law and order that necessary disciplinary proceedings be instituted in accordance with Section 11 of these rules, provided, however, that the disciplinary proceedings so instituted will not, unless requested by the accused, be brought to a hearing until all appeals from the conviction are concluded. If the hearing committee convened to hear the jurisdictional issue(s), or this court concludes, subsequent to the hearing, that the crime of which the attorney has been convicted is not a serious crime, the matter will be referred back to the agency for processing in accordance with Section 11 of these rules.

D.Automatic Reinstatement from Interim Suspension upon Reversal of Conviction. On his/her own motion, an attorney will be reinstated immediately on the reversal of his conviction for a serious crime that has resulted in his suspension but the reinstatement will not terminate any disciplinary proceedings then pending against the attorney.

E.Procedure After Final Conviction. After the conviction has become final, that is, all appeals have been concluded or exhausted, disciplinary counsel may, in the event the respondent has for any reason not already been suspended, institute or reinstitute proceedings for interim suspension as provided for in subpart (C) of this Section.

Additionally, the matter may otherwise be processed in the same manner as any other information coming to the attention of the agency.

At the hearing before a hearing committee, the certificate of the conviction of the respondent shall be conclusive evidence of his/her guilt of the crime for which he/she has been convicted. The sole issue to be determined at the hearing shall be whether the crime warrants discipline and, if so, the extent thereof. At the hearing the respondent may offer evidence only of mitigating circumstances not inconsistent with the essential elements of the crime for which he/she was convicted as determined by the statute defining the crime.

F.Procedure to be Used. Except as provided hereinabove in this Section, the procedure with respect to proceedings based on a conviction of a crime, shall be conducted in the same manner as in ordinary disciplinary proceedings.

La. R. Sup. Ct. 19

Amended April 25, 2019, effective 5/15/2019.