Revisions to Louisiana Supreme Court Rule XIX

Effective May 15, 2019, the Louisiana Supreme Court made significant revisions to Louisiana Supreme Court Rule XIX ("Rule XIX"). Rule XIX governs matters that are investigated and prosecuted by the Office of Disciplinary Counsel and adjudicated by the Louisiana Attorney Disciplinary Board, as well as other attorney regulation matters. Below is a synopsis of some of the changes to Rule XIX. For a complete review of the revisions, please see the Court’s orders (Rule XIX and Appendices). Additionally, the Formal Hearing Practice Guide published by the Board has been revised to reflect changes made to the litigation process.

• For attorneys licensed for fifty years or more, the requirement to pay the annual disciplinary assessment ($235) has been eliminated. Rule XIX, §8(A).
• Formal charge matters no longer proceed automatically from the hearing committee to the disciplinary board. Rather, a party must now file an objection to the committee’s report to seek the board’s review. Otherwise, the matter will be filed directly with the Court. Rule XIX, §11(E)(5), (F), and (G).
• Revisions were made to Rule XIX, §11(H), to add clarity to the diversion process.
• Under Rule XIX, §13(C), “Service of Other Papers” may be made by email.
• Revisions were made to the discovery rule. Rule XIX, §15.
• Revocation of conditional admission proceedings are now confidential. Rule XIX, §16(D).
• The definition of “serious crime” was clarified. Rule XIX, §19(B).
• A section was added to allow the Court to “conditionally reject” a petition for consent discipline. Rule XIX, §20(G).
• A “permanent retirement” status and procedure was created. Rule XIX, §20.2.
• The reciprocal discipline rule was amended to allow for the imposition of reciprocal discipline based upon an order of discipline from a federal disciplinary authority. Rule XIX, §21.
• The board must now reject petitions and applications for reinstatement or readmission that do not comply with Rule XIX, §24(A-D). Rule XIX, §24(B).
• Rule XIX, §26, was amended to require notice to clients, adverse parties, and other counsel if an attorney serves any active period of suspension.
• Rule XIX, §27, was amended to create “receivership panel teams” that may be used when a lawyer is transferred to disability inactive status, suspended, disbarred, permanently disbarred, disappears, permanently retires, permanently resigns in lieu of discipline, or dies. (Rule XIX, Appendix D, was eliminated.)

Recent Decisions From the Louisiana Supreme Court

IN RE DANTE JEROME BUTLER (New Orleans), 2018-B-1812 (5/8/2019): The Court suspended the respondent for eighteen months, with all but one year deferred, for improperly sharing legal fees with non-lawyers and assisting them in the unauthorized practice of law.

IN RE JOHN JULIUS STEGER IV (Kenner), 2018-B-1979 (5/8/2019): The Court suspended the respondent for eighteen months, with all but six months deferred, based upon several alcohol related arrests.

IN RE YOLANDA JULIE KING (Slidell), 2019-B-0356 (5/20/2019): The Court suspended the respondent for one year, retroactive to the date of her interim suspension (3/14/2016), based upon her guilty plea to a misdemeanor criminal offense involving statements as to her domicile in connection with qualifying as a candidate for public office.

Consent Discipline:

IN RE JOHN M. MONSOUR (Baton Rouge), 2019-B-0469 (5/6/2019): The Court suspended the respondent for one year and one day, with six months deferred, for practicing law while  ineligible to do so.

IN RE CONNIE M. EASTERLY a/k/a CONNIE M. EVERSBERG (Baton Rouge), 2019-B-0467 (5/6/2019): The Court suspended the respondent for one year and one day, retroactive to the date of her interim suspension (1/8/2019), based upon her arrest for driving under the influence of alcohol.

IN RE IAIN A. DOVER (New Orleans), 2019-B-0401 (5/6/2019): The Court publicly reprimanded the respondent for engaging in an inappropriate verbal exchange with opposing counsel in open court.

IN RE CHERIE ELIZABETH TEAMER (New Orleans), 2019-B-0353 (4/29/2019): The Court suspended the respondent for one year, fully deferred, for notarizing signatures to a quitclaim deed, which signatures were made outside of her witness, and then filing the deed, which contained false information, into a succession proceeding.

IN RE KIMBERLY ELIZABETH DeBROCK (Covington), 2019-B-0370 (5/20/2019): The Court suspended the respondent for one year and one day, fully deferred, based upon being arrested and charged with felony possession of a Schedule II controlled dangerous substance, misdemeanor theft, and misdemeanor illegal possession of stolen things.

IN RE RICHARD C. OUSTALET, JR. (Jennings), 2019-B-0486 (5/20/2019): The Court suspended the respondent for two years for neglecting his clients’ legal matters, failing to communicate with his clients, relocating and accepting a position as an attorney with the State without giving notice to his clients, continuing to represent clients while employed with the State, and failing to return unearned fees and client files upon request.

IN RE ALAN B. TUSA (Covington), 2019-B-0512 (5/20/2019): The Court publicly reprimanded the respondent for neglecting a legal matter, failing to communicate with a client, and failing to timely remit funds to the client and two third-party medical providers.

Reciprocal Discipline:

IN RE WARNER H. ANTHONY, JR. (Greensboro, NC), 2019-B-0186 (4/29/2019): The Court suspended the respondent for one year based upon an order of the District of Columbia Court of Appeals.

Reinstatement/Readmission Matters:

IN RE JULIE A. FUSILIER (Baton Rouge), 2019-OB-0375 (4/29/2019): The Court reinstated the petitioner to the practice of law on a conditional basis. The petitioner had been previously suspended for eighteen months.

IN RE STEPHEN J. HOLLIDAY (Baton Rouge), 2019-OB-0459 (5/20/2019): The Court reinstated the petitioner to the practice of law on a conditional basis. The petitioner had been previously suspended.