Louisiana State Bar Ass'n v. Karst

601 So. 2d 658, 1992 La. LEXIS 2300, 1992 WL 151792
CourtSupreme Court of Louisiana
DecidedJuly 1, 1992
DocketNo. 88-OB-0209
StatusPublished

This text of 601 So. 2d 658 (Louisiana State Bar Ass'n v. Karst) 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
Louisiana State Bar Ass'n v. Karst, 601 So. 2d 658, 1992 La. LEXIS 2300, 1992 WL 151792 (La. 1992).

Opinion

PER CURIAM.

This matter, involving the discipline and disability of a member of the Louisiana State Bar Association, began in May of 1981, when the Louisiana State Bar Association Committee on Professional Responsibility1 filed a petition for disciplinary action against C. Edward Karst. Specifically, respondent Karst was accused of making false accusations against now retired Judge Guy E. Humphries, Jr. and against a fellow member of the Louisiana State Bar Association. The COPR recommended that the respondent be suspended for at least one year, with readmission predicated upon the respondent offering proof that he has overcome his mental and emotional instability.

After considering the record, as well as the oral and written arguments of counsel, this Court found the respondent knowingly made such spurious accusations, which warranted a one-year suspension:

... [W]e conclude that a review of the record supports the Commissioner’s finding that respondent Karst acted in violation of DR 1-102(A)(5) and (6). The facts of this case reveal that respondent accused Judge Humphries and Attorney [Minos] Simon of blackmail, fraud, corruption, and bribery in connection with the litigation captioned “Joe E. Fryar vs. C. Edward Karst,” bearing docket num[659]*659ber 97,699 in the Ninth Judicial District Court. Respondent caused said accusations to be published in the local press, and has continued to make public accusations against Judge Humphries to the present date.
Clearly, such groundless and irresponsible behavior constitutes conduct that is prejudicial to the administration of justice and reflects adversely upon respondent’s fitness to practice law.
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A definitive period of suspension is particularly warranted here as the respondent has exhibited no remorse or retraction of his spurious and unfounded allegations against Judge Humphries and has in fact reiterated those allegations in a brief submitted to this court. Furthermore, the recklessness and utter disregard for the truth demonstrated by respondent Karst has adversely reflected upon the integrity of the legal profession and individual members thereof. Karst’s violations arise out of and are directly related to the practice of law.

LSBA v. Karst, 428 So.2d 406, 410-411 (La.1983).2

Further, in accordance with the recommendation made by the COPR, this Court conditioned the readmission of the respondent upon his proving that he has overcome his mental and emotional instability:

In imposing the present suspension we must also consider the Committee’s recommendation that respondent’s readmission be predicated upon proof of rehabilitation. Expert psychological and psychiatric testimony reveals that respondent Karst is presently functioning under a state of mental and emotional instability.
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Considering that disciplinary action serves to protect the public and the bar from the actions of attorneys who have demonstrated professional irresponsibility, it is appropriate that respondent be required to obtain medical treatment and to prove that he can overcome his present emotional disability before he can return to the practice of law. Id., 428 So.2d at 411-412.

In 1984 and 1986, two applications for reinstatement filed by the respondent, or on his behalf, were denied.3 A third application for reinstatement was filed on the respondent’s behalf in 1988. This third application offered no proof of the respondent’s rehabilitation, but merely referred to past treatment which was considered during the course of this Court’s review of the respondent’s first two applications for reinstatement.

In response to the third application, this Court appointed a Commissioner, Phillip A. Wittman, to conduct a full and complete hearing, take evidence, and report to this Court. Prior to convening the hearing, Commissioner Wittman ordered expert psychiatric examination of the respondent by Dr. Gene Usdin. Based upon evidence and testimony offered at the evidentiary hearing and a review of the psychiatric report prepared by Dr. Usdin, Commissioner Witt-man recommended against reinstating the respondent. Nonetheless, Commissioner Wittman noted reinstatement might be appropriate in the future, provided the respondent obtained appropriate psychiatric treatment.

In a later attempt to reassess Mr. Karst’s condition, Commissioner Wittman sent a letter to the respondent, asking the respondent to sign a medical release authorization. The authorization undoubtedly would have been used by the Commissioner to procure updated and pertinent medical records concerning the respondent’s condition. The correspondence was returned unclaimed. Commissioner Wittman then forwarded a second correspondence to the respondent, by certified mail, once again asking the respondent to forward appropriate medical authorizations. The authorizations [660]*660were apparently never signed and returned to Commissioner Wittman.

On August 6,1991, the Office of Disciplinary Counsel filed a “Motion to Close the Record [and] Deny Reinstatement.” In the motion, Disciplinary Counsel noted the respondent has continuously failed to cooperate in the Commissioner’s efforts to obtain medical records. On August 19, 1991, the respondent, in propria persona, filed a pleading entitled “Response to Disciplinary Counsel’s Motion to Close the Record[,] Deny Reinstatement and Respondent’s Motion to Annul Suspension.” In this response, the respondent provided no affirmative proof of his rehabilitation. Rather, the pleading attempts to relitigate the merits of the case which led to the respondent’s initial suspension.4 That matter, of course, is final and, in any event, irrelevant to the current reinstatement proceedings.

Finally, on May 20, 1992, the Office of Disciplinary Counsel filed a “Motion to Supplement the Record and Deny Reinstatement.” Included in the motion is a transcript of an interview of Mr. Karst which occurred on WWL Radio in October, 1991. The motion also contains copies of letters from Mr. Karst to a number of Louisiana residents and officials.

In virtually all of these letters, as well as in the radio interview, the respondent threatens to execute the members of this Court. Excerpts of some of the threats are chronicled below:

Exhibit A. TRANSCRIPT OF RADIO INTERVIEW
Q. Mr. Karst, I’d like to go back to your controversy with the Supreme Court with the Judicial System in Louisiana. You were quoted and you say that this was taken somewhat out of context, but you were basically quoted in a newspaper article as saying that you would, if you needed to, kill the Louisiana Supreme Court. I wanted to give you the opportunity to explain that.
A. Sure, certainly. Well, I didn’t use the word “kill”. I used the word “execute”. Okay? Well, they are essentially — well, they are both homicide. But, you know, Governor Roemer has a TV commercial running where he’s bragging about having executed five citizens.
Q. So, you’re saying that’s a legal term.
A. Right. When you say “execute”, you’re talking about legal authority.

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Related

Louisiana State Bar Ass'n v. Karst
428 So. 2d 406 (Supreme Court of Louisiana, 1983)

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Bluebook (online)
601 So. 2d 658, 1992 La. LEXIS 2300, 1992 WL 151792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-state-bar-assn-v-karst-la-1992.