In Re: Trina Trinhthi Chu

CourtSupreme Court of Louisiana
DecidedDecember 13, 2024
Docket2024-B-00479
StatusPublished

This text of In Re: Trina Trinhthi Chu (In Re: Trina Trinhthi Chu) 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: Trina Trinhthi Chu, (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:

2024-B-00479 IN RE: TRINA TRINHTHI CHU

DISBARMENT IMPOSED. SEE PER CURIAM.

Retired Judge Paul A. Bonin, assigned as Justice ad hoc, sitting for McCallum, J., recused.

Weimer, C.J., concurs in part, dissents in part and assigns reasons.

Hughes, J., concurs in part, dissents in part for the reasons assigned by Chief Justice Weimer.

Griffin, J., concurs in part, dissents in part for the reasons assigned by Chief Justice Weimer. SUPREME COURT OF LOUISIANA

NO. 2024-B-0479

IN RE: TRINA TRINHTHI CHU

ATTORNEY DISCIPLINARY PROCEEDING

PER CURIAM *

This disciplinary matter arises from formal charges filed by the Office of

Disciplinary Counsel (“ODC”) against respondent, Trina Trinhthi Chu, an attorney

licensed to practice law in Louisiana, but currently on interim suspension for threat

of harm to the public. In re: Chu, 20-1012 (La. 10/7/20), 302 So. 3d 1102.

UNDERLYING FACTS

From February 1, 2018 to August 16, 2018, respondent was employed by the

Louisiana Court of Appeal, Second Circuit (“Second Circuit”) as a law clerk for

Judge Henry N. Brown, Jr. 1 During that period, the Succession of Fred Langford

Houston case was pending before the Second Circuit both on an application for

supervisory writs and on appeal. Respondent was aware that Judge Brown was

recused in Succession of Houston due to his relationship with Ms. Hanh Williams,

one of the litigants in the case. 2 In addition, respondent herself was a long time,

close friend of Ms. Williams as well as Ms. Williams’ former attorney.

* Justice Jeannette Theriot Knoll, retired, appointed Justice Pro Tempore, sitting for the vacancy in Louisiana Supreme Court District 3; retired Judge Paul A. Bonin, assigned as Justice Ad Hoc, sitting for McCallum, J., recused. 1 Judge Brown retired from the bench in October 2018. 2 Succession of Houston involved allegations that Hanh Williams breached her fiduciary duty as the trustee and executrix of Mr. Houston’s trust and estate. In November 2016, a jury in Caddo Parish found Ms. Williams liable for $1.5 million in damages. While employed as Judge Brown’s law clerk, respondent collected

confidential court documents pertaining to the Succession of Houston case and

emailed this information to her personal email address, to Ms. Williams, and to

others. These documents included the pre-argument memorandum, the opinion

distribution sheet, and the civil issue sheet. Respondent also saved confidential court

documents to a personal flash drive, which was never recovered. Respondent

conducted legal research and drafted pleadings, memoranda, and correspondence

that were intended to be filed on behalf of Ms. Williams with the Second Circuit

under the signature of another attorney. Respondent used court resources to perform

this work, including a court-provided computer, copy machine, and Westlaw

subscription.

In October 2020, a bill of information was filed in Caddo Parish charging

respondent with three counts of malfeasance in office, in violation of La. R.S.

14:134A(2), and one count of offenses against intellectual property, in violation of

La. R.S. 14:73.2A(2). 3 In October 2022, respondent pleaded nolo contendere to a

single misdemeanor violation of La. R.S. 14:73.2A(2).4

3 La. R.S. 14:73.2 provides in pertinent part as follows: A. An offense against intellectual property is the intentional: (1) Destruction, insertion, or modification, without consent, of intellectual property; or (2) Disclosure, use, copying, taking, or accessing, without consent, of intellectual property. B. (1) Whoever commits an offense against intellectual property shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both, for commission of the offense. (2) However, when the damage or loss amounts to a value of five hundred dollars or more, the offender may be fined not more than ten thousand dollars, or imprisoned with or without hard labor, for not more than five years, or both. 4 A plea of nolo contendere is tantamount to an admission of guilt and, for purposes of disciplinary proceedings, equivalent to a plea of guilty. Louisiana State Bar Ass’n v. O’Halloran, 412 So. 2d 523 (La. 1982).

2 DISCIPLINARY PROCEEDINGS

On August 17, 2018, the ODC received a complaint against respondent from

the Second Circuit judges, clerk of court/judicial administrator, and administrative

general counsel. In November 2020, the ODC filed formal charges against

respondent, alleging that her conduct violated the following provisions of the Rules

of Professional Conduct: Rules 3.5(a) (a lawyer shall not seek to influence a judge,

juror, prospective juror, or other official by means prohibited by law), 3.5(b) (a

lawyer shall not communicate ex parte with such a person during the proceeding

unless authorized to do so by law or court order), 3.5(d) (a lawyer shall not engage

in conduct intended to disrupt a tribunal), 8.4(a) (violation of the Rules of

Professional Conduct), 8.4(b) (commission of a criminal act reflecting adversely on

the lawyer’s honesty, trustworthiness, or fitness as a lawyer), 8.4(c) (engaging in

conduct involving dishonesty, fraud, deceit, or misrepresentation), 8.4(d) (engaging

in conduct prejudicial to the administration of justice), and 8.4(e) (stating or

implying an ability to influence improperly a judge, judicial officer, governmental

agency, or official or to achieve results by means that violate the Rules of

Professional Conduct or other law). Respondent answered the formal charges and

denied any misconduct.

In December 2020, respondent filed a motion to stay this proceeding pursuant

to Supreme Court Rule XIX, § 18(G). 5 The disciplinary board granted the motion,

which was not opposed by the ODC. The stay remained in effect until January 2023,

when the matter was set for hearing pursuant to an unopposed motion filed by the

ODC.

5 Supreme Court Rule XIX, § 18(G) provides that a disciplinary matter may be stayed “because of substantial similarity to the material allegations of pending criminal or civil litigation…”

3 Formal Hearing

The hearing committee conducted the formal hearing on June 9, 2023. Both

respondent and the ODC introduced documentary evidence. Respondent testified

on her own behalf and on cross-examination by the ODC. Respondent also called

fact and character witnesses to testify.

Hearing Committee Report

After considering the evidence and testimony presented at the hearing, the

hearing committee summarized the testimony as follows:

Respondent – The ODC called respondent on cross-examination. Respondent

acknowledged her employment as Judge Brown’s law clerk at the Second Circuit

from February to August of 2018. She acknowledged her arrest and nolo contendere

plea to a violation of La R.S. 14:73.2 and her interim suspension.

On direct examination, respondent testified that she ran for judge in 2014,

2016, and 2020. She met Hanh Williams around 2005.

She testified that no one told her she could not look into computer drives or

copy court transcripts. She testified that she did not send any confidential

information to Ms. Williams before oral argument.

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Related

In Re Caulfield
683 So. 2d 714 (Supreme Court of Louisiana, 1996)
Louisiana State Bar Ass'n v. O'HALLORAN
412 So. 2d 523 (Supreme Court of Louisiana, 1982)
In Re Banks
18 So. 3d 57 (Supreme Court of Louisiana, 2009)
Louisiana State Bar Ass'n v. Whittington
459 So. 2d 520 (Supreme Court of Louisiana, 1984)
Louisiana State Bar Ass'n v. Reis
513 So. 2d 1173 (Supreme Court of Louisiana, 1987)
In Re Pardue
633 So. 2d 150 (Supreme Court of Louisiana, 1994)

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