In Re: Committee on Bar Admissions Cfn-65372

CourtSupreme Court of Louisiana
DecidedDecember 13, 2024
Docket2023-BA-01455
StatusPublished

This text of In Re: Committee on Bar Admissions Cfn-65372 (In Re: Committee on Bar Admissions Cfn-65372) 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: Committee on Bar Admissions Cfn-65372, (La. 2024).

Opinion

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #057

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 13th day of December, 2024 are as follows:

PER CURIAM:

2023-BA-01455 IN RE: COMMITTEE ON BAR ADMISSIONS CFN-65372

CONDITIONAL ADMISSION GRANTED. SEE PER CURIAM.

Weimer, C.J., dissents and assigns reasons.

Griffin, J., concurs in part, dissents in part and assigns reasons. SUPREME COURT OF LOUISIANA

NO. 2023-BA-1455

IN RE: COMMITTEE ON BAR ADMISSIONS CFN-65372

BAR ADMISSIONS PROCEEDING

PER CURIAM *

Petitioner applied to take the Louisiana Bar Examination. However, the

Committee on Bar Admissions (“Committee”) advised petitioner that it could not

certify her to take the bar exam on character and fitness grounds relating to her record

of criminal offenses. On petitioner’s application to this court, we granted her

permission to sit for the bar exam, with the condition that upon her successful

completion of the exam, she apply for the appointment of a commissioner to take

character and fitness evidence. In re: Committee on Bar Admissions CFN-65372,

22-0082 (La. 1/26/22), 331 So. 3d 916.

Petitioner ultimately passed the July 2023 bar exam. Thereafter, she filed an

application in this court seeking the appointment of a commissioner. We remanded

the matter to the Committee on Bar Admissions Panel on Character and Fitness to

conduct an investigation and appointed a commissioner to take character and fitness

evidence. The proceedings before the commissioner focused upon petitioner’s

criminal offenses and rehabilitation, as well as the issue of petitioner’s delinquent

debt, some of which she had not disclosed on her bar application.

Following the proceedings, the commissioner filed his report with this court,

recommending petitioner be admitted to the practice of law. The commissioner

noted that all of petitioner’s criminal offenses were committed years ago, and many

* Justice Jeannette Theriot Knoll, retired, appointed Justice Pro Tempore, sitting for the vacancy in Louisiana Supreme Court District 3. were misdemeanors committed when she was an immature young woman.

Regarding petitioner’s delinquent debt, the commissioner found that petitioner did

not exercise diligence in her financial affairs, which were managed by her husband,

but that her actions were “understandable.”

The Committee filed an objection to the commissioner’s recommendation,

and oral argument was conducted before this court pursuant to Supreme Court Rule

XVII, § 9(D)(11).1

Considering the commissioner’s recommendation and the entire record of this

proceeding, we conclude petitioner is eligible to be admitted to the practice of law

in Louisiana, subject to the following conditions:

I. The term of this conditional admission shall be for two years from the date

of admission. However, petitioner’s conditional admission status shall not be

terminated until this court so orders.

II. Within thirty days of petitioner’s admission, she shall enter into a formal

plan with the Office of Disciplinary Counsel (“ODC”) incorporating the following

conditions:

A. During the period of this conditional admission, petitioner shall provide

evidence to the ODC, on at least a quarterly basis, demonstrating that all of her

financial obligations have been paid as agreed.

B. During the period of this conditional admission, petitioner shall participate

in a financial counseling program approved by the ODC.

C. During the period of this conditional admission, petitioner shall attend and

successfully complete the Louisiana State Bar Association’s Ethics School and Trust

Accounting School.

1 After this matter was docketed for oral argument, petitioner filed a motion to supplement the record with evidence pertaining to the current status of her delinquent debt. The court deferred this motion to the merits and at this time grants the motion.

2 D. Petitioner shall request that the ODC appoint a practice monitor to

supervise her professional activities during the period of this conditional admission.

Petitioner shall comply with all reasonable requests of her practice monitor.

E. Petitioner shall cooperate with the ODC, and shall comply with any and all

requirements imposed upon her by the ODC.

III. Within thirty days prior to the expiration of the conditional admission, the

ODC shall file a report in this court in which it shall recommend to the court that the

conditional admission be allowed to terminate or be extended.

Should petitioner fail to make a good faith effort to satisfy these conditions,

or should she commit any misconduct during the period of probation, her conditional

right to practice may be terminated or she may be subjected to other discipline

pursuant to the Rules for Lawyer Disciplinary Enforcement.

CONDITIONAL ADMISSION GRANTED.

3 SUPREME COURT OF LOUISIANA

WEIMER, C.J., dissenting

Based on petitioner’s testimony, to say she had a difficult childhood would be

an understatement. The extent to which she has turned her life around is remarkable.

I agree that any concerns about her long ago criminal acts are no longer well-founded,

as she has demonstrated a commitment to reforming herself and appears to be

rehabilitated. However, I remain concerned about recent events related to

unaddressed debt.

The Committee on Bar Admissions (“the Committee”) acknowledges that

petitioner’s neglect of her financial obligations was fully addressed at the

commissioner’s hearing. Contrary to the commissioner’s findings, the Committee

contends the evidence presented does not sufficiently meet the requisite burden of

proving petitioner’s good moral character by clear and convincing evidence, and

therefore admission to the bar of this state should be denied at this time. I agree.

Petitioner submitted amendments to her NCBE application in August 2023, at

which time she revealed the revocation of three credit card accounts: (1) Chase Bank

Credit #4350, balance of $5,611.40, with the last payment being made on April 12,

2023; (2) Chase Bank #9404, balance of $15,884.12, with the last payment being

made on May 29, 2023; and (3) Merrick Bank, balance of $3,589.02, with the last

payment being made on March 7, 2023. Petitioner explained that her financial

obligations had been impacted by her husband being laid off from work, but that she

was working towards a resolution with the creditors.

Approximately eight months later, in petitioner’s sworn statement to the Committee, it was confirmed that the revoked credit card accounts were still

unresolved, in collections, and unpaid. One year had elapsed since payments had

been made, and as a result of nonpayment, the balances had increased from those

originally reported. When asked about the current status of the debts, petitioner

explained that she was still at the point of contacting the creditors by phone. Her

statements disclosed a vague recollection of settlement offers, and when asked

whether she was aware of any other delinquent debt, petitioner answered that she was

not aware of any other delinquency.

In furtherance of its investigation, and because petitioner’s testimony did not

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