Supreme Court of Louisiana, 1994

In re Davis

In re Davis
Supreme Court of Louisiana · Decided January 28, 1994 · Dennis, Lemmon, Ortique
631 So. 2d 426; 1994 La. LEXIS 202; 1994 WL 24130 (Southern Reporter, Second Series)

In re Davis

Opinion of the Court

DISCIPLINARY PROCEEDINGS

PER CURIAM.

Upon review of the record of the disciplinary board’s findings and recommendations, and the record filed herein, it is the decision of the court that the disciplinary board’s recommendations be adopted. Respondent failed to respond to a subpoena issued in the investigation of a disciplinary complaint, in violation of Rule XIX, Sec. 9(c) of the Rules of the Supreme Court of Louisiana and Rules 8.1(c), 8.4(a), (d), and (g) of the Rules of Professional Conduct.

Accordingly, it is ordered that Wade H. Davis be suspended from the practice of law for a period of thirty (30) days from the effective date of this order. Respondent’s reinstatement to the practice of law is conditioned upon his compliance with the subpoena at issue (to the extent that he is able) and any other outstanding subpoenas issued by the disciplinary authority. All costs of this proceeding are assessed to respondent.

SUSPENSION ORDERED.

Concurring Opinion

LEMMON, J., concurs,

but would prefer to handle an attorney’s failure to respond to a subpoena by use of a rule for contempt to this court rather than by requiring a hearing before the Hearing Committee and the Disciplinary Board.

Dissenting Opinion

ORTIQUE, J., dissents:

To suspend for thirty (30) days harms the public as well as the attorney. Such a brief disruption serves neither very well. If an attorney fails to show respect for his or her chosen profession or for this Court, appropriate sanctions are in order.

DENNIS, J., not on panel.

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