In re Crittenden

717 So. 2d 215 (La. 1998) · Supreme Court of Louisiana · July 2, 1998

Summary

The Louisiana Supreme Court revoked Walter J. Crittenden’s probation for violating the conditions of his prior disciplinary suspension, including failing to contact his probation monitor and practicing law while suspended. The court imposed a suspension of one year and one day, with six months deferred, followed by eighteen months of supervised probation, and assessed costs against him.

Holdings

  1. Crittenden violated his probation by failing to contact his probation monitor, practicing law while suspended, and filing a false affidavit with the court stating that he had not practiced law while suspended.
  2. Failure to pay full restitution was not, by itself, a clear violation of probation under the prior order because the order contemplated consideration of restitution payments or good-faith efforts upon reinstatement and permitted an application for abatement or modification.
  3. Crittenden's probation was revoked, and he was suspended from practice for one year and one day, with six months deferred, followed by eighteen months of supervised probation and specified conditions.

Questions Presented

  1. Whether Crittenden violated the terms of his probation by failing to contact his probation monitor, practicing law while suspended, and filing a false affidavit.
  2. Whether failure to make full restitution, standing alone under the terms of the prior order, constituted a clear violation of probation.
  3. What discipline should be imposed for the established probation violations.

Disposition

other

Cases Cited (1)

  • In re Crittenden, 666 So. 2d 649 (La. 1996)(followed)

Cited In (0)

No citing cases on record yet.

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