# In Re: Trina Trinhthi Chu

> Supreme Court of Louisiana · December 13, 2024

URL: https://www.frixlaw.com/law-library/cases/10759353

## Case

- **Court:** Supreme Court of Louisiana
- **Decided:** December 13, 2024
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #057

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 13th day of December, 2024 are as follows:

PER CURIAM:

2024-B-00479 IN RE: TRINA TRINHTHI CHU

DISBARMENT IMPOSED. SEE PER CURIAM.

Retired Judge Paul A. Bonin, assigned as Justice ad hoc, sitting for
McCallum, J., recused.

Weimer, C.J., concurs in part, dissents in part and assigns reasons.

Hughes, J., concurs in part, dissents in part for the reasons assigned by Chief
Justice Weimer.

Griffin, J., concurs in part, dissents in part for the reasons assigned by Chief
Justice Weimer.
SUPREME COURT OF LOUISIANA

NO. 2024-B-0479

IN RE: TRINA TRINHTHI CHU

ATTORNEY DISCIPLINARY PROCEEDING

PER CURIAM *

This disciplinary matter arises from formal charges filed by the Office of

Disciplinary Counsel (“ODC”) against respondent, Trina Trinhthi Chu, an attorney

licensed to practice law in Louisiana, but currently on interim suspension for threat

of harm to the public. In re: Chu, 20-1012 (La. 10/7/20), 302 So. 3d 1102.

UNDERLYING FACTS

From February 1, 2018 to August 16, 2018, respondent was employed by the

Louisiana Court of Appeal, Second Circuit (“Second Circuit”) as a law clerk for

Judge Henry N. Brown, Jr. 1 During that period, the Succession of Fred Langford

Houston case was pending before the Second Circuit both on an application for

supervisory writs and on appeal. Respondent was aware that Judge Brown was

recused in Succession of Houston due to his relationship with Ms. Hanh Williams,

one of the litigants in the case. 2 In addition, respondent herself was a long time,

close friend of Ms. Williams as well as Ms. Williams’ former attorney.

* Justice Jeannette Theriot Knoll, retired, appointed Justice Pro Tempore, sitting for the vacancy
in Louisiana Supreme Court District 3; retired Judge Paul A. Bonin, assigned as Justice Ad Hoc,
sitting for McCallum, J., recused.
1
Judge Brown retired from the bench in October 2018.
2
Succession of Houston involved allegations that Hanh Williams breached her fiduciary duty as
the trustee and executrix of Mr. Houston’s trust and estate. In November 2016, a jury in Caddo
Parish found Ms. Williams liable for $1.5 million in damages.
While employed as Judge Brown’s law clerk, respondent collected

confidential court documents pertaining to the Succession of Houston case and

emailed this information to her personal email address, to Ms. Williams, and to

others. These documents included the pre-argument memorandum, the opinion

distribution sheet, and the civil issue sheet. Respondent also saved confidential court

documents to a personal flash drive, which was never recovered. Respondent

conducted legal research and drafted pleadings, memoranda, and correspondence

that were intended to be filed on behalf of Ms. Williams with the Second Circuit

under the signature of another attorney. Respondent used court resources to perform

this work, including a court-provided computer, copy machine, and Westlaw

subscription.

In October 2020, a bill of information was filed in Caddo Parish charging

respondent with three counts of malfeasance in office, in violation of La. R.S.

14:134A(2), and one count of offenses against intellectual property, in violation of

La. R.S. 14:73.2A(2). 3 In October 2022, respondent pleaded nolo contendere to a

single misdemeanor violation of La. R.S. 14:73.2A(2).4

3
La. R.S. 14:73.2 provides in pertinent part as follows:
A. An offense against intellectual property is the intentional:
(1) Destruction, insertion, or modification, without consent, of
intellectual property; or
(2) Disclosure, use, copying, taking, or accessing, without consent,
of intellectual property.
B. (1) Whoever commits an offense against intellectual property
shall be fined not more than five hundred dollars, or imprisoned for
not more than six months, or both, for commission of the offense.
(2) However, when the damage or loss amounts to a value of five
hundred dollars or more, the offender may be fined not more than
ten thousand dollars, or imprisoned with or without hard labor, for
not more than five years, or both.
4
A plea of nolo contendere is tantamount to an admission of guilt and, for purposes of disciplinary
proceedings, equivalent to a plea of guilty. Louisiana State Bar Ass’n v. O’Halloran, 412 So. 2d
523 (La. 1982).

2
DISCIPLINARY PROCEEDINGS

On August 17, 2018, the ODC received a complaint against respondent from

the Second Circuit judges, clerk of court/judicial administrator, and administrative

general counsel. In November 2020, the ODC filed formal charges against

respondent, alleging that her conduct violated the following provisions of the Rules

of Professional Conduct: Rules 3.5(a) (a lawyer shall not seek to influence a judge,

juror, prospective juror, or other official by means prohibited by law), 3.5(b) (a

lawyer shall not communicate ex parte with such a person during the proceeding

unless authorized to do so by law or court order), 3.5(d) (a lawyer shall not engage

in conduct intended to disrupt a tribunal), 8.4(a) (violation of the Rules of

Professional Conduct), 8.4(b) (commission of a criminal act reflecting adversely on

the lawyer’s honesty, trustworthiness, or fitness as a lawyer), 8.4(c) (engaging in

conduct involving dishonesty, fraud, deceit, or misrepresentation), 8.4(d) (engaging

in conduct prejudicial to the administration of justice), and 8.4(e) (stating or

implying an ability to influence improperly a judge, judicial officer, governmental

agency, or official or to achieve results by means that violate the Rules of

Professional Conduct or other law). Respondent answered the formal charges and

denied any misconduct.

In December 2020, respondent filed a motion to stay this proceeding pursuant

to Supreme Court Rule XIX, § 18(G). 5 The disciplinary board granted the motion,

which was not opposed by the ODC. The stay remained in effect until January 2023,

when the matter was set for hearing pursuant to an unopposed motion filed by the

ODC.

5
Supreme Court Rule XIX, § 18(G) provides that a disciplinary matter may be stayed “because of
substantial similarity to the material allegations of pending criminal or civil litigation…”

3
Formal Hearing

The hearing committee conducted the formal hearing on June 9, 2023. Both

respondent and the ODC introduced documentary evidence. Respondent testified

on her own behalf and on cross-examination by the ODC. Respondent also called

fact and character witnesses to testify.

Hearing Committee Report

After considering the evidence and testimony presented at the hearing, the

hearing committee summarized the testimony as follows:

Respondent – The ODC called respondent on cross-examination. Respondent

acknowledged her employment as Judge Brown’s law clerk at the Second Circuit

from February to August of 2018. She acknowledged her arrest and nolo contendere

plea to a violation of La R.S. 14:73.2 and her interim suspension.

On direct examination, respondent testified that she ran for judge in 2014,

2016, and 2020. She met Hanh Williams around 2005.

She testified that no one told her she could not look into computer drives or

copy court transcripts. She testified that she did not send any confidential

information to Ms. Williams before oral argument.

She discussed the chronology post-termination of her running for judge, her

arrest, and public humiliation. She testified that her nolo contendere plea was made

for convenience.

Respondent indicated she understood the harm created by the appearance of

impropriety. Respondent said that at that time she truly believed that what she

transmitted was public information.

She also testified about her pro bono work and work as an interpreter. She

stated that she sent the information to Ms. Williams to prove to her she knew the

4
facts of the case, and that she was giving her friend a “second opinion,” comparing

it to the second opinion a doctor gives.

Judge Brown – Judge Brown testified that he hired respondent and was the

judge she worked with directly at the Second Circuit before his retirement as Chief

Judge. Judge Brown hired respondent as a law clerk because he was impressed with

her credentials and to help her build her resume.

Judge Brown related his memory of the events surrounding the discovery that

respondent had accessed confidential information and the circumstances

surrounding her firing or resignation.6 Judge Brown testified that he did not discuss

the Succession of Houston case with respondent because he was recused, and he felt

that she was not in any position to influence any other judges on the court on that

case. He was not familiar with exactly what information respondent was accused of

taking.

On cross-examination, Judge Brown agreed with the ODC that the pre-

argument memorandum and distribution sheet are not publicly available or sent to

the public, or to lawyers/parties to the case. Judge Brown also explained the

circumstances which led to him feeling coerced into signing the disciplinary

complaint against respondent.

Sergeant Doug Smith – Sergeant Smith is a 21-year veteran of the Caddo

Parish Sheriff’s Office. He investigated the underlying criminal complaint against

respondent. He administratively closed the case in June 2019, but months later his

superiors reviewed the file, and the case was reopened, resulting in charges. This

was an unusual chain of events. Sergeant Smith testified that the forensic

examination of respondent’s computer showed emails transmitting information from

respondent to Hanh Williams. This information included the distribution sheet, pre-

6
Some of the evidence introduced by respondent concerned whether she was fired or resigned.
The committee indicated that it did “not need to make any finding on this issue for our purposes.”

5
argument memorandum, research, and drafts of pleadings related to the pending

Succession of Houston case. The committee characterized Sergeant Smith as a

credible witness.

Dr. Gazi Zibari – Dr. Zibari, a professor of surgery at LSU Medical School,

met respondent through her husband, who is also a doctor. He testified to

respondent’s character and “big heart,” citing her work with indigent clients and

immigrants. The committee characterized Dr. Zibari as a credible witness.

Hal Odom – Mr. Odom is a senior research attorney at the Second Circuit. He

testified that prior to the incident involving respondent, there was no actual policy

that prohibited law clerks from looking at shared folders on the court’s network. The

committee characterized Mr. Odom as a credible witness.

MeGail Parsons – Ms. Parsons, an administrative assistant in the Department

of Psychiatry and Behavioral Health at LSU Health Sciences Center Shreveport, has

known respondent for about ten years. She testified that respondent is honest and

caring and is the most compassionate person she has ever met. Ms. Parsons was not

familiar with respondent’s conviction but stated that despite seeing corruption in

various elected officials, she could not envision in our judicial system a situation

where the court was helping one party win against the other. The committee

characterized Ms. Parsons as a credible witness.

Roshell Francis-Jones – Ms. Francis-Jones, a public defender in the 16th

Judicial District, became friends with respondent while working for Legal Aid in

Shreveport twenty years ago. Ms. Francis-Jones is not aware of any details of this

matter, but she attested to respondent’s character and volunteer work. She also

testified that some in the Caddo Parish District Attorney’s Office have personal

and/or political animosity towards respondent. The committee characterized Ms.

Francis-Jones as a credible witness.

The committee made the following factual findings:

6
On February 1, 2018, respondent was hired as a law clerk for Judge Brown.

She signed an Acknowledgment of Second Circuit Personnel Policies and

Procedures and an Acknowledgment of Receipt of the Policy and Procedures for Use

of Computer & Electronic Communications and Social Media Policy.

Respondent was informed Judge Brown was recused from Hanh Williams’

cases. Respondent, as a licensed attorney and former candidate for judge, should

have known and had a basic understanding of conflicts and recusal.

The Succession of Houston case involved a close friend (Hanh Williams) of

both Judge Brown and respondent. Respondent knew that Judge Brown was recused

from this matter (and associated matters) and that this recusal also applied to her.

Respondent knowingly and intentionally collected court information,

including items which were undisputedly confidential (pre-argument memorandum,

opinion distribution sheet, civil issue sheet) and transmitted same to her friend, while

at the same time she was doing legal work for the litigant.

As a result of the discovery of this situation, all the Second Circuit judges

recused themselves and the matters had to be transferred to another circuit for

conclusion.

On October 24, 2022, respondent entered a nolo contendere plea to a charge

that between the dates of February 1, 2018 and August 16, 2018, she did intentionally

disclose, use, copy, take, or access, without consent, intellectual property defined in

La. R.S. 14:73.1(10).

Based on these facts, the committee found that respondent violated Rules

3.5(b), 8.4(a), 8.4(b), 8.4(c), and 8.4(d) of the Rules of Professional Conduct. The

committee found no violation of Rules 3.5(a), 3.5(d), or 8.4(e).

The committee determined respondent violated duties owed to the legal

system and the legal profession. She acted intentionally. Her misconduct caused

actual harm, requiring the transfer of the Succession of Houston case to another

7
appellate court, inconveniencing parties and counsel, initiating investigative

resources, and undermining confidence in the justice system. Based on the ABA’s

Standards for Imposing Lawyer Sanctions, the committee determined the baseline

sanction is disbarment.

The committee determined the following aggravating factors are present: a

dishonest motive, substantial experience in the practice of law (admitted 2003), and

illegal conduct. The committee found in mitigation the absence of a prior

disciplinary record and the absence of a selfish motive. 7 The committee rejected

respondent’s argument that the “political context” of this matter should be

considered in mitigation.8

Based on these findings, the committee recommended respondent be

disbarred.

Both respondent and the ODC filed objections to the hearing committee’s

report.

Disciplinary Board Recommendation

After review, the disciplinary board determined that the hearing committee’s

factual findings are not manifestly erroneous and adopted same, with minor

clarifications. The board also made its own findings of fact. Based on these facts,

the board found that respondent violated Rules 3.5(a), 3.5(d), 8.4(a), 8.4(b), 8.4(c),

7
The committee felt that respondent’s only motive was to help her friend, notwithstanding the
significant amount of money involved in the Succession of Houston case.
8
The committee stated:
The evidence tends to indicate that had Respondent not filed to run
for Judge after her termination, the criminal matter would have
likely faded away quietly. But for the further investigation of the
criminal matter, some of the presented evidence may not have
developed in the disciplinary matter as it did. Be that as it may, the
Committee does not consider this a mitigating circumstance. The
underlying prohibited conduct still occurred in violation of the rules.
This conduct occurred prior to any politics in the prosecution of the
criminal matter.

8
and 8.4(d) of the Rules of Professional Conduct. The board found no violation of

Rules 3.5(b) or 8.4(e).

The board determined respondent violated duties owed to the public, the legal

system, and the legal profession. Respondent acted intentionally, and her conduct

caused great actual harm. Based on the ABA’s Standards for Imposing Lawyer

Sanctions, the board determined the baseline sanction is disbarment.

The board determined that the following aggravating factors are present: a

dishonest or selfish motive, submission of false evidence, false statements, or other

deceptive practices during the disciplinary process, refusal to acknowledge the

wrongful nature of the conduct, substantial experience in the practice of law, and

illegal conduct. The board determined that the sole mitigating factor present is the

absence of a prior disciplinary record.

Turning to the issue of an appropriate sanction, a majority of the board found

that respondent’s misconduct warrants permanent disbarment. Respondent stands

convicted of a violation of La. R.S. 14:73.2A(2). Her conduct, by statutory

definition, involves the intentional “disclosure, use, copying, taking, or accessing,

without consent, of intellectual property” of the Second Circuit judges and staff. Her

intentional misconduct is, at best, a complete disregard for the judicial process, and,

at worst, an orchestrated scheme to undermine the judicial process. Such conduct is

a ground for permanent disbarment under Supreme Court Rule XIX, Appendix D,

Guideline 2. In addition, respondent’s egregious misconduct demonstrates a

convincing lack of ethical and moral fitness to practice law.

Based on this reasoning, a majority of the board recommended respondent be

permanently disbarred. Two board members dissented and would recommend

ordinary disbarment. The board further recommended that respondent be assessed

with the costs and expenses of this matter.

9
Respondent filed an objection to the board’s recommendation. Accordingly,

the case was docketed for oral argument pursuant to Supreme Court Rule XIX, §

11(G)(1)(b).

DISCUSSION

Bar disciplinary matters fall within the original jurisdiction of this court. La.

Const. art. V, § 5(B). Consequently, we act as triers of fact and conduct an

independent review of the record to determine whether the alleged misconduct has

been proven by clear and convincing evidence. In re: Banks, 09-1212 (La. 10/2/09),

18 So. 3d 57. While we are not bound in any way by the findings and

recommendations of the hearing committee and disciplinary board, we have held the

manifest error standard is applicable to the committee’s factual findings. See In re:

Caulfield, 96-1401 (La. 11/25/96), 683 So. 2d 714; In re: Pardue, 93-2865 (La.

3/11/94), 633 So. 2d 150.

Although the record in this case is voluminous, the basic facts are largely

undisputed. Respondent intentionally disclosed confidential court documents to a

litigant. She also conducted legal research and drafted pleadings and memoranda

for the litigant, all while the judge she worked for was recused from the case. As a

result of these actions, respondent was criminally charged with three counts of

malfeasance in office and one count of offenses against intellectual property.

Pursuant to a plea agreement, she ultimately entered a nolo contendere plea to one

count of misdemeanor offense against intellectual property. The initial question

presented is whether these actions violated the Rules of Professional Conduct.

Analysis of the Rule Violations

In its formal charges, the ODC alleged respondent violated subsections (a),

(b) and (d) of Rule 3.5 of the Rules of Professional Conduct, which provides:

10
A lawyer shall not:

(a) seek to influence a judge, juror, prospective juror or
other official by means prohibited by law;

(b) communicate ex parte with such a person during the
proceeding unless authorized to do so by law or court
order;

* * *

(d) engage in conduct intended to disrupt a tribunal.

The hearing committee found respondent violated Rule 3.5(b) but found no

violation of Rules 3.5(a) or 3.5(d). Conversely, the board found that respondent

violated Rules 3.5(a) and 3.5(d) but found no violation of Rule 3.5(b).

In its report, the committee relied on Rule 3.5(b), which provides a lawyer

shall not “communicate ex parte with such a person during the proceeding unless

authorized to do so by law or court order.” However, as the board pointed out, the

phrase “such a person” as used in Rule 3.5(b) refers to the list of persons enumerated

in Rule 3.5(a), which consists of judges, jurors, prospective jurors or other officials.

Ms. Williams, the person with whom respondent engaged in ex parte

communications, was a litigant and therefore did not fall within any of these classes.

The board instead found a violation of Rule 3.5(a), which provides a lawyer

shall not “seek to influence a judge, juror, prospective juror or other official by

means prohibited by law.” The board suggested respondent intended to

“surreptitiously” influence the judges of the Second Circuit by communicating with

Ms. Williams.

For similar reasons, the board rejected the committee’s finding that

respondent did not violate Rule 3.5(d), which provides that a lawyer shall not engage

in conduct intended to disrupt a tribunal, because she did not intend to cause any

disruption. Instead, the board reasoned that “by improperly funneling confidential

court documents to Ms. Williams and assisting her with the preparation of her case,

11
Respondent’s conduct was clearly intended to influence the case before the Second

Circuit panel” and found such conduct “can be described as intentionally disruptive

conduct, aimed at improperly affecting the outcome of the case.”

We find respondent did not violate any of the charged provisions of Rule 3.5.

The crux of respondent’s misconduct involves improper ex parte communication

with a litigant; however, we agree with the board that the facts of this case fall

outside of the parameters of prohibited ex parte communication under Rule 3.5(b).

At the same time, we question the board’s finding that respondent’s actions were

intended to “surreptitiously” influence the judges for purposes of Rule 3.5(a). As

the committee found, there was no evidence respondent’s actions were intended to

directly influence the Second Circuit, although they may have indirectly assisted Ms.

Williams in influencing the court towards her position. We also have difficulty

finding respondent’s actions were intended to disrupt the tribunal under Rule 3.5(d).

Although her actions ultimately resulted in considerable disruption, there is no

evidence suggesting she intended such a result.

The ODC also alleged respondent violated subsections (a), (b), (c), (d) and

(e) of Rule 8.4, which provides:

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional
Conduct, knowingly assist or induce another to do so, or
do so through the acts of another;

(b) Commit a criminal act especially one that reflects
adversely on the lawyer’s honesty, trustworthiness or
fitness as a lawyer in other respects;

(c) Engage in conduct involving dishonesty, fraud, deceit
or misrepresentation;

(d) Engage in conduct that is prejudicial to the
administration of justice;

(e) State or imply an ability to influence improperly a
judge, judicial officer, governmental agency or official or

12
to achieve results by means that violate the Rules of
Professional Conduct or other law.

The hearing committee found respondent violated Rules 8.4(a), 8.4(b), 8.4(c),

and 8.4(d), but did not violate Rule 8.4(e). The board agreed with these findings.

We agree these rule violations are supported by the record. Respondent

clearly committed a criminal act which reflected on her honesty, as shown by her

plea to an offense against intellectual property under La. R.S. 14:73.2. These facts

clearly establish a violation of Rules 8.4(a), (b) and (c). Additionally, respondent’s

conduct was prejudicial to the administration of justice under Rule 8.4(d) even if she

did not intend such a result. We also agree that no violation of Rule 8.4(e) was

established because there was no evidence respondent implied she had any ability to

influence the judges of the court.

In summary, we will dismiss the charged violations of Rule 3.5. However,

we find the ODC established the charged violations of Rule 8.4 by clear and

convincing evidence.

Sanction

Having found evidence of professional misconduct, we now turn to a

determination of the appropriate sanction for respondent’s actions. In determining

a sanction, we are mindful that disciplinary proceedings are designed to maintain

high standards of conduct, protect the public, preserve the integrity of the profession,

and deter future misconduct. Louisiana State Bar Ass’n v. Reis, 513 So. 2d 1173

(La. 1987). The discipline to be imposed depends upon the facts of each case and

the seriousness of the offenses involved considered in light of any aggravating and

mitigating circumstances. Louisiana State Bar Ass’n v. Whittington, 459 So. 2d 520

(La. 1984).

13
Respondent intentionally violated duties owed to the public, the legal system,

and the legal profession, causing actual harm. It is obvious respondent intended to

give Ms. Williams an advantage in the Succession of Houston litigation. Moreover,

respondent’s actions caused significant disruption in the litigation, resulting in the

transfer of the case to another circuit. The applicable baseline sanction is

disbarment. In mitigation, we find respondent has no prior disciplinary record. We

find the following aggravating factors are supported by the record: a dishonest or

selfish motive, substantial experience in the practice of law, and illegal conduct.

These factors indicate there is no ground to deviate from the baseline sanction of

disbarment. However, we do not find sufficient evidence in the record to show that

respondent has a fundamental lack of moral character and fitness which would

warrant her permanent exclusion from the profession.

Therefore, we find the board’s recommendation of permanent disbarment is

not appropriate, and we will instead impose ordinary disbarment. In doing so, we

caution respondent that we will scrutinize any application for readmission with a

careful eye to determine if she has taken genuine steps to reform her conduct.

DECREE

Upon review of the findings and recommendations of the hearing committee

and the disciplinary board, and considering the record, briefs, and oral argument, it

is ordered that Trina Trinhthi Chu, Louisiana Bar Roll number 28531, be and she

hereby is disbarred, retroactive to October 7, 2020, the date of her interim

suspension. Her name shall be stricken from the roll of attorneys and her license to

practice law in the State of Louisiana shall be revoked. All costs and expenses in

the matter are assessed against respondent in accordance with Supreme Court Rule

XIX, § 10.1, with legal interest to commence thirty days from the date of finality of

this court’s judgment until paid.

14
SUPREME COURT OF LOUISIANA

No. 2024-B-0479

IN RE: TRINA TRINHTHI CHU

ATTORNEY DISCIPLINARY PROCEEDING

WEIMER, C.J., concurs in part, dissents in part

While in no way minimizing the egregious mistakes made by the respondent

while employed by the court of appeal, I would point out that Ms. Chu is not defined

solely by those mistakes, but also by a life time of achievement and a sincere

commitment to helping others. She has provided legal services on a pro bono basis

and on a low fee basis to those less fortunate and has also worked as an interpreter.

Those who spoke on her behalf, and whose testimony the Hearing Committee found

credible, recounted her “big heart,” citing her work with indigent clients and

immigrants, her honesty, and her compassion.

Respondent faced the dilemma often encountered by those in disciplinary

proceedings: how to apologize and accept responsibility for her conduct and at the

same time offer an explanation for the events that unfolded in the hope of receiving

leniency in the sanction. As the evidence adduced before the Hearing Committee

reveals, after a 14 month long investigation into the criminal complaint lodged

against respondent, the investigation was administratively closed in June 2019, only

to be reopened after respondent filed to run for judge. As the Hearing Committee

acknowledged, “had Respondent not filed to run for Judge after her termination, the

criminal matter would have likely faded away quietly. But for the further

investigation of the criminal matter, some of the presented evidence may not have

developed in the disciplinary matter as it did.” While the Committee noted there was

a political component to respondent’s prosecution, it did not consider this a

mitigating factor. But it is a fact that supplies context to this matter.
Ultimately, the Hearing Committee recommended that respondent be disbarred.

A majority of the Disciplinary Board recommended that she be permanently

disbarred, with two board members dissenting and recommending ordinary

disbarment. Following review of the record, the majority in this court has determined

that respondent did not violate any of the charged provisions of Rule 3.5 (a

determination with which I agree), but it appears that the recommendations of

ordinary disbarment by the Hearing Committee and permanent disbarment by the

Disciplinary Board were at least partially influenced by the erroneous findings of a

Rule 3.5 violation. Yet, the majority here still imposes ordinary disbarment.

Respondent has been on interim suspension since October 7, 2020, or for more

than four years. Based on the facts and circumstances of this case, I believe that is

a sufficient sanction. This sanction would still require her to reapply for her license

to practice law and if re-admitted, she could return to aiding the less fortunate as she

had done before. I would not impose the sanction of disbarment, and respectfully

dissent from the majority’s decision to do so.

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10759353. Public record. Not legal advice.
