In re Lynch

840 So. 2d 508, 2003 WL 164459
CourtSupreme Court of Louisiana
DecidedJanuary 24, 2003
DocketNo. 2002-B-2275
StatusPublished
Cited by2 cases

This text of 840 So. 2d 508 (In re Lynch) 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 Lynch, 840 So. 2d 508, 2003 WL 164459 (La. 2003).

Opinion

[509]*509ATTORNEY DISCIPLINARY PROCEEDINGS.

LPER CURIAM.

This disciplinary matter arises from one count of formal charges filed by the Office of Disciplinary Counsel (“ODC”) against respondent, William B. Lynch, an attorney licensed to practice law in Louisiana, but currently on interim suspension.

UNDERLYING FACTS

This- matter stems from a child pornography ring that operated in the Kaplan, Louisiana area. In 1996, federal law enforcement authorities learned that Glenn Patrick Mire and Barbara Richardson brought female minors to the home of Wilfred Bell, knowing that the children would be molested by Mr. Bell and photographed while engaging in sexually explicit acts.1 Respondent later discussed with Mr. Mire ways of preventing the authorities from discovering the incriminating photographs. Among other things, on August 12, 1996, respondent went to the home where the photographs had been produced and convinced the owner of the home to remove all the furniture in the areas where the photographs had been taken, in order that authorities would not be able to learn the location where the child pornography had been produced. The next day, respondent met with some of the females who had been photographed and assured them that if they cooperated with him, he would post their bail in the event they were arrested in connection with the investigation. After the | ¡Jemales were interviewed by law enforcement agents, respondent met with the females to determine what questions had been asked of them by the agents, the answers they gave to the agents, and the direction of the investigation. In the course of these meetings, respondent learned that Newton Suire would possibly be called to testify before the federal grand jury investigating the Kaplan child pornography ring. On September 10, 1996, respondent counseled Mr. Suire to commit perjury before the grand jury by testifying falsely under oath when asked about any matters relating to child prostitution or child pornography.2 In October 1996, respondent attempted to persuade a government witness to give a television interview in which she would lie about the actions of law enforcement agents. Finally, respondent met with a prior participant in the conspiracy and encouraged that person to obstruct justice by not cooperating with federal authorities.

On October 9, 1996, a federal grand jury sitting in the Western District of Louisiana returned a seven-count indictment against respondent and the others involved in the pornography ring. As to respondent, the indictment alleged that he suborned perjury in violation of 18 U.S.C. § 1622 and conspired to obstruct justice in violation of 18 U.S.C. § 371, both felonies under federal law. On October 30, 1997, a jury found respondent guilty as charged. On September 10, 1998, the district court sentenced respondent to serve forty-eight [510]*510months in prison, followed by three years of supervised release. As a special condition of supervision, respondent was ordered to have “no contact with any female minors under age 18 years, either directly or indirectly except his own children.” On December 8, 2000, respondent’s conviction |3and sentence were affirmed in an unpublished decision of the United States Court of Appeals for the Fifth Circuit. United States v. Lynch, 98-30016 (5th Cir.2000).

DISCIPLINARY PROCEEDINGS

On November 4, 1998, this court placed respondent on interim suspension based upon his conviction of a serious crime and ordered that disciplinary proceedings be instituted. In re: Lynch, 98-2448 (La.11/4/98), 721 So.2d 845. On November 12,1998, the ODC filed one count of formal charges against respondent arising out of his conviction.3 Respondent failed to answer or otherwise respond to the formal charges. Accordingly, the charges were deemed admitted. No formal hearing was held, and the matter was submitted to the hearing committee solely on documentary evidence. See Supreme Court Rule XIX, § 11(E)(3).

In its submission, the ODC pointed out that respondent has been convicted of a serious crime warranting discipline under the Rules of Professional Conduct, the baseline sanction for which is disbarment. The ODC suggested several aggravating factors are present, including respondent’s prior disciplinary record,4 dishonest or selfish motive, pattern of misconduct, multiple offenses, and substantial experience in the practice of law (admitted 1959). In light of all these factors, and particularly considering the nature of the acts by respondent which precipitated his conviction, the ODC argued that permanent disbarment is warranted.

Respondent submitted no evidence for the hearing committee’s consideration.

\ ¿Hearing Committee Recommendation

After considering the ODC’s submission, the hearing committee agreed that respondent violated the Rules of Professional Conduct as charged. The committee concluded respondent’s conduct was intentional, and that actual harm resulted from his interference with an ongoing federal investigation into child prostitution and child pornography. The committee concurred in the aggravating factors cited by the ODC, and agreed that no mitigating factors are present. Finding respondent’s conduct fits the permanent disbarment guidelines set forth in Appendix E to the Rules of Lawyer Disciplinary Enforcement, the committee recommended he be permanently disbarred.

Neither respondent nor the ODC filed an objection to the hearing committee’s recommendation.

Disciplinary Board Recommendation

After reviewing the record, the disciplinary board found the hearing committee’s findings of fact are not manifestly erroneous, and that the committee correctly applied the Rules of Professional Conduct. Relying on the same reasoning as set forth by the committee, a majority of the board recommended respondent be permanently disbarred. The board also recommended that respondent be assessed with all costs [511]*511and expenses of these proceedings, with legal interest to commence running thirty days from the date of finality of the court’s judgment until paid.

DISCUSSION

Bar disciplinary matters come within the original jurisdiction of this court. La. Const, art. V, § 5(B). When the disciplinary proceedings involve an attorney who has been convicted of a crime, the conviction is conclusive evidence of guilt and the sole |Bissue presented is whether respondent’s crimes warrant discipline and, if so, the extent thereof. Supreme Court Rule XIX, § 19(E); In re: Boudreau, 02-0007 (La.4/12/02), 815 So.2d 76; Louisiana State Bar Ass’n v. Wilkinson, 562 So.2d 902 (La.1990). The discipline to be imposed depends on the seriousness of the offense and the extent of the aggravating and mitigating circumstances. Louisiana State Bar Ass’n v. Perez, 550 So.2d 188 (La.1989).

The disciplinary board has recommended to us that respondent’s conduct is so egregious as to warrant permanent disbarment. The sanction of permanent disbarment is set forth in the 2001 amendment to Supreme Court Rule XIX, § 105 and § 24.6 In our commentary accompanying the amendment, we stated, in pertinent part:

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In re Norris
939 So. 2d 1221 (Supreme Court of Louisiana, 2006)
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Bluebook (online)
840 So. 2d 508, 2003 WL 164459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lynch-la-2003.