In Re Leblanc

972 So. 2d 315, 2007 WL 4171106
CourtSupreme Court of Louisiana
DecidedNovember 27, 2007
Docket2007-B-1353
StatusPublished
Cited by3 cases

This text of 972 So. 2d 315 (In Re Leblanc) 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 Leblanc, 972 So. 2d 315, 2007 WL 4171106 (La. 2007).

Opinion

972 So.2d 315 (2007)

In re Walter J. LeBLANC, Jr.

No. 2007-B-1353.

Supreme Court of Louisiana.

November 27, 2007.
Rehearing Denied February 1, 2008.

Charles Bennett Plattsmier, Baton Rouge, for applicant.

McCranie, Sistrunk, Anzelmo, Hardy Maxwell & McDaniel, Thomas P. Anzelmo, *316 Sr., Metairie, Walter J. LeBlanc, Jr., for respondent.

ATTORNEY DISCIPLINARY

PER CURIAM.

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Walter J. LeBlanc, Jr., an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

In 2001, respondent represented the plaintiff in a Jones Act case, Temple v. Atwood Oceanics, Inc., that was randomly allotted to Division "C" of the 24th Judicial District Court for the Parish of Jefferson, Judge Alan Green presiding. Following a bench trial in March of that year, Judge Green rendered judgment on September 20, 2001 awarding the plaintiff $1.5 million in damages. Thereafter, the parties reached an agreement that the judgment would not be appealed. The judgment was satisfied by the defendant in a dismissal of the civil proceedings on February 4, 2002.

In March 2002, Judge Green telephoned respondent several times to request that he make a contribution to the campaign of his niece, Jalila Jefferson,[1] who was then running for a seat in the Louisiana House of Representatives.[2] On April 3, 2002, days before the general election, respondent went to Judge Green's office and gave him an envelope containing $800 in cash, which respondent intended as a contribution to Ms. Jefferson's campaign. The exchange of cash, as well as the conversation between respondent and Judge Green, was captured on videotape by the FBI in the course of its audio and video surveillance of Judge Green's office:

Respondent: Uhm, eight hundred, alright.
Judge Green: Alright.
Respondent: Uh and I haven't talked to Phil [referring to respondent's law partner]. Phil is in Disneyland coming back today and I'll have more for you.
Judge Green: Okay. Well election's Saturday.
Respondent: Oh it's this Saturday?
Judge Green: Yeah.
* * *
Judge Green: Yeah yeah so hopefully things go well.
Respondent: Yeah.
Judge Green: I won't be here but I'll be you know I'll be checking it on TV and on the phones.
Respondent: (Unintelligible)
Judge Green: Yeah sometimes I worry because a lot of folks don't realize you know that I'm very restricted as to what I can do.
Respondent: (Unintelligible)
Judge Green: Yeah I had to explain that to my son you know uh because he's doing a lot of campaign work for her and uh now he understands. And her father understands that's why he just made a little personal call to me and I've gotten some good response from some folks so at least you know she'll *317 know we were able to help her out a little bit. Appreciate [it] man.
Respondent: (Unintelligible)

This videotape was subsequently featured in Judge Green's trial on federal bribery and mail fraud charges.[3] As such, respondent's actions generated considerable adverse publicity for both himself and for the legal profession in Louisiana.

Upon request by Judge Green, respondent made another contribution to Ms. Jefferson's campaign during the subsequent runoff election. This contribution, in the amount of $1,000, was made in the form of a check from respondent's law firm dated April 24, 2002.

DISCIPLINARY PROCEEDINGS:

Following its investigation, the ODC filed one count of formal charges against respondent, alleging that his conduct violated the following provisions of the Rules of Professional Conduct: Rules 8.4(a) (violation of the Rules of Professional Conduct), 8.4(d) (engaging in conduct prejudicial to the administration of justice), and 8.4(f) (knowingly assisting a judge in conduct that is a violation of applicable Rules of Judicial Conduct or other law).

Respondent answered the formal charges and generally admitted the factual allegations set forth therein. Respondent pointed out, however, that Judge Green's request for a campaign contribution was made more than six months after the entry of judgment in the Jones Act case subject of the formal charges, and that at no time did Judge Green "suggest, infer, or intimate any relationship between the decision entered in September 2001 and the request for a campaign contribution for his niece."[4] Respondent also admitted that in retrospect, he should not have assisted Judge Green in conduct that violated the Code of Judicial Conduct; however, he stated that he "was not mindful of the prohibition" at the time he made the campaign contribution. Respondent maintained that his "lapse was unintentional and in no way consciously made." Finally, respondent admitted the rule violations alleged in the formal charges.

Hearing Committee Report

This matter proceeded to a hearing in mitigation. Thereafter, the hearing committee filed its report with the disciplinary board. Two members of the committee recommended that respondent be suspended from the practice of law for one year, with six months deferred, while the third committee member recommended a one-year suspension, with no portion of the suspension deferred.

The hearing committee adopted the stipulated facts and acknowledged respondent's admission that he violated Rules 8.4(a), 8.4(d), and 8.4(f) of the Rules of Professional Conduct. After considering the evidence and testimony presented at the hearing, the committee rejected respondent's contention that his misconduct was negligent:

*318 Although there is no question in the mind of all the panel members that Mr. LeBlanc is a man of good moral character and a competent attorney, the panel does find that his assertion that he did not know the rule he was violating when he made a cash contribution to Judge Green is without merit. The videotape of April 3, 2002 clearly substantiates that both Judge Green and respondent knew the rule that they were violating and in fact discussed that the contribution that Mr. LeBlanc was making was outside the parameters of the rule. . . . The aforementioned videotape establishes actual knowledge.

Based on these findings, the committee determined that respondent's mental state was knowing;[5] therefore, the applicable baseline sanction is suspension under the ABA's Standards for Imposing Lawyer Sanctions.[6] In mitigation, the committee recognized the absence of a prior disciplinary record, absence of a dishonest or selfish motive, full and free disclosure to the disciplinary agency and a cooperative attitude toward the proceedings, good character and reputation, and remorse. The committee did not discuss in its report whether any aggravating factors are present.

The committee concluded:

The panel finds that the actions of the respondent were not the result of an act of omission or negligence. The respondent not only should have known that his actions were wrong but clearly did know they were wrong at the time that he made the cash payment to Judge Green.

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Bluebook (online)
972 So. 2d 315, 2007 WL 4171106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-leblanc-la-2007.