512 So. 2d 853 | La. | 1987
Lead Opinion
IN RE: Louisiana State Bar Assn.; Applying for Order of Suspension from the Practice of Law based upon disability;
Denied.
Concurrence Opinion
concurring in the denial of the application.
Relator, admitting the allegations in the specifications of misconduct and submitting evidence of mitigation from the investigatory hearing, has applied for a voluntary suspension of indefinite length. Pretermit-ting the question whether an attorney may invoke the original jurisdiction of this court in bar discipline matters, I am opposed to suspensions of indefinite length. The better procedure in the case of substantial mitigation involving disability is to suspend the attorney for a specific minimum period, with reinstatement conditioned upon a showing of current fitness to practice law. See Standards for Lawyer Discipline and Disability Proceedings § 6.3 (1979). However, I see no objection to a joint petition for disciplinary action based on the evidence submitted herein, without the necessity of a commissioner’s hearing and with full discretion as to penalty unconditionally reserved to this court after briefing and oral argument.
Dissenting Opinion
would grant the motion for suspension without any provisions concerning reinstatement and without implying that bar discipline could not go forward.
