In Re Julie Ann FUSILIER

193 So. 3d 1150, 2016 WL 3095464, 2016 La. LEXIS 1310
CourtSupreme Court of Louisiana
DecidedMay 27, 2016
Docket2016-B -0016
StatusPublished
Cited by3 cases

This text of 193 So. 3d 1150 (In Re Julie Ann FUSILIER) 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 Julie Ann FUSILIER, 193 So. 3d 1150, 2016 WL 3095464, 2016 La. LEXIS 1310 (La. 2016).

Opinions

PER CURIAM.

11 This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Julie Ann Fusilier, an attorney licensed to practice law in Louisiana, but currently ineligible to practice.1

[1152]*1152FORMAL CHARGES

In April 2014, respondent broke into her ex-husband’s home and stole a man’s diamond ring (valued at approximately $13,000) and a woman’s Rolex watch (valued at approximately $6,000). Respondent then sold the ring and the watch to Diamond Distributors Inc. for approximately $2,700 and used the money to gamble. On May 20, 2014, respondent was arrested for felony theft and burglary of an inhabited dwelling and booked into the East Baton Rouge Parish Prison. On June 22, 2014, respondent self-reported her arrest to the ODC.

DISCIPLINARY PROCEEDINGS

In October 2014, the ODC filed formal charges against respondent, alleging that her conduct as set forth above violated the following provisions of the Rules of Professional Conduct: Rules 8.4(a) (violation of the Rules of Professional Conduct), 8.4(b) (commission of a criminal act that reflects adversely on the | ¡.lawyer’s honesty, trustworthiness, or fitness as a lawyer), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), Respondent failed to answer the formal charges. 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.

The ODC filed a memorandum and documentary evidence for the hearing committee’s consideration. The ODC indicated that after respondent self-reported her misconduct, she was referred to the Judges and Lawyers Assistance Program (“JLAP”) for evaluation and treatment of her gambling addiction. On July 31, 2014, respondent entered into a recovery agreement with JLAP; however, in October 2014, JLAP’s executive director notified the ODC that respondent was no longer in compliance with her JLAP agreement and, therefore, was no longer being monitored by JLAP. The ODC suggested respondent should be suspended from the practice of law for eighteen months for her violation of the Rules of Professional Conduct.

Respondent also filed a memorandum and documentary evidence for the hearing committee’s consideration. Respondent stated that she accepts responsibility for her actions and has admitted her culpability to the ODC. Respondent indicated that she was hospitalized in March 2015 after she began to contemplate suicide. During her hospitalization, she was diagnosed with bipolar disorder, which had been misdiagnosed and mistreated as depression for the past ten years. Her evaluation, however, found no ongoing substance abuse issues caused by her admitted alcoholism and found nothing to suggest she has not maintained her sobriety for the past ten years as she has reported. During this time, |arespondent also endured several serious family problems, including her son’s heroin addiction.

Respondent explained that because of her mental health issues, she lost her employment, which caused her serious financial difficulties. She was delinquent in the payment of her state taxes, and her driver’s license was suspended as a consequence. Because of her suspended license, respondent stated that she was unable to drive to the meetings and tests required by her JLAP agreement.

Respondent argued that her failure to file an answer to the formal charges was not a failure to cooperate. She knew that if she did not answer, then the allegations would be deemed admitted, which was consistent with her desire not to contest the allegations. She reiterated that she has [1153]*1153suffered a number of tragedies in her personal life and pointed out there are no allegations she failed in her obligations to any clients. Finally, given that her mental health issues have played a significant role in her misconduct and because she is now taking appropriate steps to obtain treatment for those issues, she requested that she be suspended from the practice of law for only one year. However, she recognized that the hearing committee may conclude it is more appropriate for her to have to apply for reinstatement and confirm she has' successfully addressed her mental health issues before being reinstated to the practice of law. As such, she requested that a one year and one day suspension be imposed instead of the eighteen-month suspension urged by the ODC.

Hearing Committee Report

After considering the parties’ submissions regarding the issue of sanctions,, the hearing committee determined that, because respondent failed to file an answer to the formal charges, the factual allegations therein were deemed admitted. The | committee then determined respondent violated the Rules of Professional Conduct as charged.

After considering both parties’ arguments, and especially respondent’s recently diagnosed bipolar disorder, the committee determined respondent should be required to apply for reinstatement prior to returning to the practice of law. Ac- ' cordingly, the committee recommended respondent be suspended from the practice of law for one year and one day.

The ODC filed an objection to the hearing committee’s report and recommendation, arguing that the recommended sanction was unduly lenient.

Disciplinary Board Recommendation

After review, the disciplinary board determined the factual allegations in the formal charges were deemed admitted and proven. The board also determined that the committee correctly concluded respondent violated the Rules of Professional Conduct as charged.

The board then determined respondent knowingly violated .duties owed to the public and the legal profession. She caused actual harm when she stole jewelry from her ex-husband’s house; She also harmed the legal profession by committing a serious crime that reflects poorly on the profession as a whole. After considering the ABA’s Standards for Imposing Lawyer Sanctions, the board determined the applicable baseline sanction is disbarment.

In aggravation, the board found a dishonest or selfish motive. and substantial experience in the practice of. law (admitted - 1989). In mitigation, the board found the absence of a prior disciplinary record and personal or emotional problems. ■

Turning to the issue of an appropriate sanction, the board concluded that a downward deviation from the baseline sanction of disbarment is warranted because of the mitigating factors present. After further considering ' this court’s prior | jurisprudence addressing similar misconduct and respondent’s failure to comply with her JLAP agreement, the board recommended she be suspended from the practice of law for eighteen months.

Respondent filed an objection to the disciplinary board’s recommendation.' Pursuant to Supreme Court Rule XIX, § 11(G)(1)(b), the case was scheduled bn our docket. Prior to oral argument, the parties filed a joint motion seeking to waive oral argument. We granted the motion and now consider the case based upon the record and the briefs filed by the parties.

DISCUSSION

Bar disciplinary matters fall within the original jurisdiction of this court. La. [1154]

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Related

In re Fusilier
268 So. 3d 282 (Supreme Court of Louisiana, 2019)
In re Ward
227 So. 3d 251 (Supreme Court of Louisiana, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
193 So. 3d 1150, 2016 WL 3095464, 2016 La. LEXIS 1310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-julie-ann-fusilier-la-2016.