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In re Cardenas
60 So. 3d 609
La.
2011
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Background

  • ODC filed formal charges against Leonard Cardenas III for professional discipline.
  • Respondent was arrested July 19, 2006 for domestic abuse battery and child endangerment in a shared residence.
  • Prosecution charged a misdemeanor DAB (child endangerment) under La. R.S. 14:35.3(I) on Sept. 12, 2006.
  • Trial in 2007 included other-crimes evidence; respondent was convicted of domestic abuse battery (child endangerment).
  • Sentence included six months parish prison (with most suspended for home incarceration), $500 fine, and one year of probation with specific conditions.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether respondent’s criminal conviction supports discipline under Rule 8.4(b). Cardenas argues conviction proves misconduct. Cardenas concedes but argues appeal status is relevant. Yes; conviction conclusive evidence of misconduct.
What sanction is appropriate for respondent’s misconduct. Board recommended suspension with deferred portion and probation. Respondent urged lesser or deferred discipline. One year suspension with six months deferred and two years supervised probation.

Key Cases Cited

  • In re: Willis, 8 So.3d 548 (La. 2009) (violent conduct sanction range supports suspension modestly above baseline)
  • In re: Sterling, 2 So.3d 408 (La. 2009) (violent conduct; suspension up to one year and one day; factors used to uphold suspension vs. disbarment)
  • In re: Estiverne, 741 So.2d 649 (La. 1999) (unloaded firearm; elevated sanction; comparison to present case)
  • In re: Boudreau, 815 So.2d 76 (La. 2002) (conviction evidence and control of issue in disciplinary context)
  • In re: Greenburg, 9 So.3d 802 (La. 2009) (misdemeanor battery attacking attorney; different sanction context)
Read the full case

Case Details

Case Name: In re Cardenas
Court Name: Supreme Court of Louisiana
Date Published: May 6, 2011
Citation: 60 So. 3d 609
Docket Number: No. 2011-B-0031
Court Abbreviation: La.