State v. Robinson

210 So. 3d 797, 2017 WL 542016, 2017 La. LEXIS 357

Opinion

CRICHTON, J.

additionally concurs and assigns reasons:

hi agree with the Court’s order that the motion for leave to file an amicus curiae brief should be denied, as it is not in compliance with Louisiana Supreme Court Rule VII, § 12. Specifically, there is no pending application before this Court involving this defendant’s proceedings, and therefore, no legal recourse we can take in response to counsel’s allegations. Moreover, I write separately to note that the brief is submitted by a lawyer, an officer of the court, who is bound by the Louisiana Rules of Professional Conduct. In my view, the filing skirts perilously close to a violation of Rule 3.5(d) of the Rules of Professional Conduct, which prohibits conduct intended to disrupt a tribunal. Furthermore, counsel’s “amicus curiae” brief clearly does not comport with this Court’s unequivocal rule regarding amicus briefs, and as a result, in my view, could be considered a frivolous filing, which is prohibited by Rule 3.1 of the Rules of Professional Conduct.