concurs.

I concur in the majority’s decision to deny the petition, because my contrary opinion expressed in dissent in In re: Bourke, 02-1468 (La.6/14/02), 819 So.2d 1020, citing to In re: Appert, 444 So.2d 1208 (La. 1984), and In re: Application of Respondek, 442 So.2d 435 (La. 1983), has not borne fruit, and today’s decision follows the recently decided cases on this issue.