Opinion

Board of Ethics In re Davies

2010 La.App. 1 Cir. 1339
55 So. 3d 918
2010 La. App. LEXIS 1781
2010 WL 5465134

Court: Louisiana Court of Appeal
Filed: Dec 22, 2010
Status: Published
Author: Pettigrew
On the bench: Kline, Kuhn, Pettigrew
Cited by: 5 cases

The opinion

PETTIGREW, J.,

concurs with the results and assign reasons.

hi am of the humble opinion that La. R.S. 42:1141(C)(3)(c), effective August 15, 2008, is procedural in nature and more analogous to La.Code Crim. Proc. art. 578.

The Board voted to refer the matter for investigation on May 8, 2008, but did not file formal charges against Mr. Davies until February 18, 2010, almost 17 months after the effective date of La. R.S. 42:1141(C)(3)(c), i.e., August 15, 2008. Whether said statute is applied prospectively or retroactively, based on the facts and circumstances herein, the charges against Mr. Davies must be dismissed because of the Board’s failure to timely file said charges pursuant to La. R.S. 42:1141(C)(3)(c).

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