In re Roger W. Jordan, Jr.

Summary

The Louisiana Supreme Court held that a prosecutor violated Rule 3.8(d) of the Louisiana Rules of Professional Conduct by failing to disclose an eyewitness statement that tended to undermine the identification of a capital-murder defendant. The court found that the prosecutor knowingly withheld Brady evidence and imposed a three-month suspension, deferred in its entirety subject to no misconduct during a one-year period. The court also assessed costs against the respondent.

Holdings

1. Jordan violated Rule 3.8(d) by failing to disclose the eyewitness's second statement because the statement was clearly exculpatory and undermined her ability to positively identify Cousin.
2. Jordan knowingly withheld Brady evidence.
3. The appropriate baseline sanction was a three-month suspension from the practice of law, but the suspension was deferred in its entirety subject to any misconduct during a one-year period following finality of the judgment.

Questions Presented

1. Whether Jordan violated Louisiana Rule of Professional Conduct 3.8(d) by failing to disclose an eyewitness statement that tended to negate the accused's guilt or impeach the witness's identification.
2. Whether Jordan's failure to disclose the statement was knowing misconduct warranting professional discipline.
3. What sanction was appropriate in light of the violation, the potential injury, and aggravating and mitigating circumstances.

Disposition

other