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