Monday, May 12, 2008
In a very interesting opinion, a hearing committee of the Louisiana Attorney Discipline Board has recommended the reinstatement of an attorney who had been suspended for three years for misconduct that had taken place in connection with two nation wide class action cases. The misconduct involved pressing frivolous claims and false statements under oath.
The main stumbling block to reinstatement was a civil suit filed in federal court by the attorney against Chief disciplinary Counsel, the Board and the Supreme Court claiming that he had been selectively prosecuted based on his foriegn origin and religious faith. The suit was dismissed on the grounds of sovereign and absolute prosecutorial authority. The dismissal was affirmed on appeal. The committee felt that the suit "was not a wise move" but that it did not establish conclusive evidence against reinstatement. He "did have a right to seek redress in the courts."
Keep an eye on this one--not many suspended lawyers who sue the disciplinary system get reinstated." (Mike Frisch)