In re Cook

932 So. 2d 669, 2006 La. LEXIS 1887, 2006 WL 1669359
CourtSupreme Court of Louisiana
DecidedJune 16, 2006
DocketNo. 2006-B-0426
StatusPublished
Cited by3 cases

This text of 932 So. 2d 669 (In re Cook) 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 Cook, 932 So. 2d 669, 2006 La. LEXIS 1887, 2006 WL 1669359 (La. 2006).

Opinion

[670]*670|,ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Richard B. Cook, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

In November 1996, respondent began representing the plaintiffs in a civil matter captioned Evelyn Faye Allen, et al. v. Richard Stalder, et al., No. 95-1118 on the docket of the United States District Court for the Western District of Louisiana, Alexandria Division, Judge F.A. Little, Jr. presiding (hereinafter referred to as “Allen”). The plaintiffs in Allen were a group of female prison inmates who alleged their civil rights were violated as a result of physical and sexual abuse at the hands of their prison guards.

On June 26, 1998, respondent filed a motion in Allen in which he implied that the court had improperly never “permitted representative civil rights plaintiffs to proceed as class representatives.” He also implied that Judge Little had improperly met with and dissuaded a local attorney from enrolling as co-counsel for the plaintiffs.

On December 31, 1998, respondent filed a motion entitled “Plaintiffs Response to the State Defendants’ Motion to Dismiss Certain Plaintiffs.” In this Rmotion, respondent stated that if Judge Little granted the defendants’ motion, then “the courts in the Western District of Louisiana can be reserved almost entirely for wealthy (predominantly white) litigants, and courts and counsel need not be concerned with poor (predominantly black) plaintiffs.” He also claimed that Judge Little compounded the “lack of balance” between the plaintiffs’ resources and the defendants’ resources through his “unwritten orders, his failure to respond to plaintiff motions, [and] his refusal to even place this case on the docket for many months at the outset.” Finally, respondent suggested that this case would not end until “either the plaintiffs prevail or the Court concludes that the rape and abuse of inmates by their guards is perfectly OK.”

On January 11, 1999, respondent filed a motion in which he requested that the following subjects be discussed at a status conference: 1) the delay in placing the Allen case on the docket; 2) reconsideration of the denial of the plaintiffs’ class representation; 3) the failure of the court to place one of the plaintiffs’ motions on the docket; 4) whether the court has ever authorized class representation in civil rights claims; 5) whether there is a consensus in the court to never allow these types of cases to go forward with class representatives; 6) why Judge Little’s unwritten orders have never been put in writing; 7) whether Judge Little met with a local attorney and dissuaded him from enrolling as co-counsel for the plaintiffs; 8) whether Judge Little has ever appointed [671]*671counsel to represent an incarcerated person who has complained about conditions of confinement; and 9) whether the court as a whole has ever allowed such a plaintiff to get beyond a defendant’s summary judgment or other motion dismissing the complaint.

On January 14, 1999, respondent filed a motion to recuse Judge Little. The basis for his motion was his belief that his clients’ opportunity for a fair trial was “slipping away” due to Judge Little’s conduct in the Allen case as well as in the case |aof Vergie Lee Valley v. Rapides Parish School Board, No. 96-30441 on the docket of the United States District Court for the Western District of Louisiana, Alexandria Division (hereinafter referred to as “Valley”). Respondent alleged that one of the attorneys in the Valley case was Judge Little’s former law partner and the president of an organization that paid for the judge’s overseas trip to speak at its conference while the Valley case was pending before him. Thereafter, the case was settled in favor of this attorney’s client. As such, respondent alleged that “the judge permitted this counsel’s client to benefit from his judicial function.” Furthermore, because of the judge’s alleged conduct in Valley, respondent argued that the judge “has not maintained the necessary firewall between his personal and his judicial relations and ought not hear Constitutional matters.” Regarding the judge’s conduct in Allen, respondent argued that he acted improperly in denying the plaintiffs’ motion for class representation without conducting a hearing, failed to notice one of the plaintiffs’ motions for a hearing, and twice issued oral orders without later putting them in writing. Respondent also accused Judge Little of engaging-in “lax case management” and having an “indifference to propriety.” He also argued that Judge Little “has not met the judicial requirement of an avoidance of impropriety and the appearance of bias and partiality.” Based on these reasons, respondent argued Judge Little should be recused. Judge Little denied the motion to recuse on January 20, 1999, stating that respondent included only vague allegations that did not identify a conflict the judge has with the Allen case.

Respondent also filed a complaint against Judge Little with the United States Court of Appeals for the Fifth Circuit based on the Valley allegations in his motion to recuse. The Fifth Circuit dismissed the complaint on February 2, 1999, stating “[bjecause Judge Little was not acting improperly either in presiding over a suit in | ¿which his former partner appeared as counsel, or in attending the conference, Judge Little is not subject to discipline for the combination of the two.”

On February 10, 1999, Judge Little provided detailed reasons for his denial of respondent’s motion to recuse. Essentially, Judge Little ruled that the motion to recuse was frivolous and cited the Fifth Circuit’s dismissal of respondent’s judicial complaint in support of the denial of the motion.

On February 22, 1999, respondent filed a second complaint against Judge Little with the Fifth Circuit based on Judge Little’s reference to the Fifth Circuit’s dismissal of respondent’s first judicial complaint, thereby publishing the fact that respondent was a judicial complainant. The complaint was also based on an allegation that Judge Little had a financial interest in the building housing his former law firm, one of whose partners was representing a party in a case before Judge Little. The Fifth Circuit dismissed this complaint on May 12, 1999.

In April 1999, respondent filed a second motion to recuse Judge Little in the Allen case. The motion was based on Judge [672]*672Little making public the fact that respondent had filed a judicial complaint against him with the Fifth Circuit. Judge Little denied the motion on May 6,1999.

Thereafter, in an attempt to further investigate his allegations regarding Judge Little’s improprieties in other cases, including the Valley case, respondent sought to take the deposition of Jan Holloway, the former office manager of Judge Little’s former law firm, Gold, Weems, Bruser, Sues & Rundell (“Gold”), and its real estate partner, 2001 Odyssey Partnership (“Odyssey”). However, neither Gold nor Odyssey were parties to the Allen case; thus, Judge Little quashed the deposition. Respondent also sought to subpoena documents from Gold and Odyssey. Both filed objections to the subpoenas, and United States Magistrate Judge James Kirk, the presiding magistrate in the Allen case, quashed the subpoenas in a ruling dated July 28, 1999.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Miniclier
74 So. 3d 687 (Supreme Court of Louisiana, 2011)
In Re Darien D. Lester.
26 So. 3d 735 (Supreme Court of Louisiana, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
932 So. 2d 669, 2006 La. LEXIS 1887, 2006 WL 1669359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cook-la-2006.