In re Brown

939 So. 2d 1241 (La. 2006) · Supreme Court of Louisiana · October 17, 2006

Summary

The Louisiana Supreme Court vacated an order deeming attorney disciplinary charges admitted against Willard James Brown, Sr. The court held that, because Brown had indicated a desire to respond and participate, the hearing committee should have allowed him to present a defense, and it remanded the matter for a formal hearing and a new disciplinary recommendation.

Holdings

  1. The hearing committee should have recalled the deemed-admitted order and allowed Brown to file an answer, participate in a formal hearing, and present evidence.

Questions Presented

  1. Whether the hearing committee abused its discretion or otherwise erred by allowing the formal charges to be deemed admitted and by failing to permit Brown to answer and participate in a formal hearing after he communicated a good-faith desire to defend against the charges.

Disposition

vacated

Cases Cited (2)

  • In re: Tosh, 98-2152 (La. 10/9/98), 719 So. 2d 396(followed)
  • In re: Gardner, 98-1476 (La. 10/9/98), 719 So. 2d 400(followed)

Cited In (0)

No citing cases on record yet.

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