In re Cassibry

131 So. 3d 22, 2013 WL 5910212, 2013 La. LEXIS 2368
CourtSupreme Court of Louisiana
DecidedNovember 1, 2013
DocketNo. 2013-B-1923
StatusPublished

This text of 131 So. 3d 22 (In re Cassibry) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Cassibry, 131 So. 3d 22, 2013 WL 5910212, 2013 La. LEXIS 2368 (La. 2013).

Opinion

[23]*23ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

| jThis disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Debra L. Cassibry, an attorney licensed to practice law in Louisiana but currently on interim suspension for threat of harm to the public. In re: Cassibry, 12-0931 (La.5/2/12), 88 So.3d 442.

FORMAL CHARGES

In January 2011, respondent’s former tenant, Michael Durham, filed a complaint against her with the ODC, alleging that she is addicted to prescription drugs and was arrested for DWI in 2009. Upon investigating the complaint, the ODC learned that respondent was in fact arrested for DWI on July 2, 2009, following a high-speed chase that began in Mississippi and ended in Louisiana. According to the arrest report, as police units from Pearl River, Mississippi and Louisiana pursued respondent with lights and sirens on, she traveled in and out of traffic on 1-59 at speeds of up to 80 m.p.h. and ran other vehicles off the road. She finally stopped at the 1-59 rest area in Louisiana and was ordered to get on the ground. She refused and was then handcuffed; however, noting that her speech was slurred and she could not keep her balance, the police removed the handcuffs and administered field sobriety tests. Based on the results of the tests, respondent 12was arrested by the Louisiana State Police and transported to the Slidell Police Department, where she was booked with careless operation and DWI.1

On March 23, 2011, respondent pleaded guilty to DWI in the Slidell City Court and was sentenced to serve six months in jail. The court suspended the sentence pursuant to the provisions of La.Code Crim. P. art. 894 and placed respondent on supervised probation for one year with conditions, including the requirement that she perform 32 hours of community service, pay a fine, and abstain from alcohol.

Respondent has since violated the conditions of her probation by failing to refrain from criminal activity, failing to report truthfully, failing to perform community service, failing to complete a driver’s improvement class, failing to complete a substance abuse class, failing to complete supervision payments, and failing to pay her fine. On September 1, 2011, the court issued a warrant for respondent’s arrest. [24]*24The warrant remains outstanding at this time.

On December 9, 2011, the ODC wrote to respondent and instructed her to contact the Lawyers Assistance Program (“LAP”) within ten days to arrange for an independent substance abuse evaluation. Respondent did not reply to the ODC, and so the ODC sent a second letter on December 28, 2011. The ODC heard nothing further until March 15, 2012, when LAP Director Buddy Stockwell provided the following update:

I contacted Dr. Barry Pilson, the LAP-approved evaluator in this case, and Dr. Pilson indicated that Ms. Cassibry has in fact come in and participated in the LAP recommended evaluation.
I have not received any type of report, however, because at this particular time Ms. Cassibry has not elected to execute a release with Dr. Pilson for either LAP or the Office of Disciplinary Counsel. As such, until such time that Ms. Cassibry agrees to reveal the results of the Revaluation, I can make no further recommendations in this case. [Emphasis added.]

Based upon this information, the ODC sent respondent a letter by certified mail dated March 21, 2012, instructing her to contact Dr. Pilson and/or Mr. Stockwell immediately and to take whatever steps were necessary to authorize Dr. Pilson to share his evaluation report with the ODC and LAP. Respondent was also advised that if she failed to comply, the ODC would file a petition for interim suspension. The letter was subsequently returned to the ODC undelivered and marked “unclaimed; return to sender.”

Following the court’s May 2, 2012 order of interim suspension, respondent contacted the ODC for clarification. She was again orally instructed to authorize Dr. Pilson to share his evaluation report with the ODC and LAP. To date, respondent has failed to produce a copy of her substance abuse evaluation, has not entered into a recovery agreement with LAP, and is not being monitored by LAP.

DISCIPLINARY PROCEEDINGS

In June 2012, the ODC filed two counts of formal charges against respondent, alleging that her conduct violated the following provisions of the Rules of Professional Conduct: Rules 8.1(c) (failure to cooperate with the ODC in its investigation), 8.4(a) (violation of the Rules of Professional Conduct), and 8.4(b) (commission of a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer).

Respondent was served with the formal charges via certified mail but failed to answer. Accordingly, the factual allegations contained therein were deemed admitted and proven by clear and convincing evidence pursuant to Supreme Court Rule XIX, § 11(E)(3). No formal hearing was held, but the parties were given an opportunity to file with the hearing committee written arguments and documentary ¿¿evidence on the issue of sanctions. Respondent filed nothing for the hearing committee’s consideration.

Hearing Committee Report

After considering the ODC’s deemed admitted submission, the hearing committee accepted the deemed admitted facts as true and correct. Based on those facts, the committee determined respondent violated the Rules of Professional Conduct as charged.

The committee further determined respondent knowingly violated a duty owed to the public by operating a motor vehicle while under the influence, which created the potential for serious harm. Respondent knowingly, if not intentionally, vio[25]*25lated a duty to the legal profession by delaying the ODC’s investigation and withholding documentation and information pertinent to this matter. Based on the ABA’s Standards for Imposing Lawyer Sanctions, the committee determined the applicable baseline sanction is suspension.

The committee found the following aggravating factors are present: refusal to acknowledge the wrongful nature of the conduct and substantial experience in the practice of law (admitted 1985). The committee found the following mitigating factors present: absence of a prior disciplinary record and imposition of other penalties or sanctions.

Based on this court’s prior jurisprudence involving similar misconduct, the ABA Standards, and the facts of this case, the committee recommended that respondent be suspended from the practice of law for one year and one day. The committee also recommended that prior to seeking reinstatement, respondent should be required to authorize the release of her substance abuse evaluation to LAP and the ODC and that she be required to satisfy all obligations owed to the |scourt.2 Finally, the committee recommended that respondent be assessed with all costs and expenses of these proceedings.

Respondent did not file an objection to the hearing committee’s report and recommendation. However, she did file a “Motion for Extension of Time to Answer with Extenuating and Exigent Circumstances or Dismiss this Action” with the disciplinary board, which was denied.

Disciplinary Board Recommendation

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Related

In Re Banks
18 So. 3d 57 (Supreme Court of Louisiana, 2009)
In Re Baer
21 So. 3d 941 (Supreme Court of Louisiana, 2009)
Louisiana State Bar Ass'n v. Reis
513 So. 2d 1173 (Supreme Court of Louisiana, 1987)
In re Minor
100 So. 3d 319 (Supreme Court of Louisiana, 2012)
In re Cassibry
88 So. 3d 442 (Supreme Court of Louisiana, 2012)
In re Donnan
838 So. 2d 715 (Supreme Court of Louisiana, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
131 So. 3d 22, 2013 WL 5910212, 2013 La. LEXIS 2368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cassibry-la-2013.