La. R. Sup. Ct. 19.1

As amended through May 31, 2024
Section 19.1 - Declarations of Ineligibility for Failing to Pay Child Support

The issuance of any judgment or order indicating noncompliance with an order of support which is forwarded to this Court pursuant to Act 1078 of 1995[fn2] shall be preceded by a contradictory hearing and shall afford the attorney-obligor notice and an opportunity to be heard. The required notice shall inform the attorney-obligor that he/she may be declared ineligible to practice law and may also be subject to further lawyer discipline if his/her failure to comply with an order of support has been without just cause. In any judgment or order indicating noncompliance with an order of support which is forwarded to this court, the trial judge shall make an express determination that the attorney-obligor's noncompliance has been without just cause. The trial judge shall also indicate the basis for his/her finding that the failure to comply with an order of support has been without just cause.

Upon receipt of such a judgment or order of noncompliance, this court may summarily declare the attorney-obligor ineligible to practice law and may also order that disciplinary proceedings be instituted in accordance with § 11 of these rules; provided, however, that the disciplinary proceedings so instituted will not, unless requested by the attorney-obligor, be brought to a hearing until all appeals relating to the support order, including appeals from an order making the child support arrearages executory, and appeals from any judgment of contempt which relates to the attorney's noncompliance, are concluded.

The attorney-obligor may seek reinstatement by filing with the board a certified copy of an order of compliance from the court which issued the judgment or order of noncompliance, and by paying a $25 processing fee to the board. Upon notification from the board that the order of compliance has been received, and the processing fee paid, the court shall then reinstate the attorney. The reinstatement of any attorney who has been declared ineligible to practice law for failing to pay child support shall not preclude the agency from pursuing lawyer discipline in accordance with § 11 of these rules.

[fn2] R.S. 9:315.30 et seq.

La. R. Sup. Ct. 19.1

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