In re Mark Steven Smith

Summary

The Supreme Court of Louisiana reviewed attorney disciplinary proceedings against Mark Steven Smith, who pleaded guilty to federal bribery and conspiracy charges arising from his conduct as director of the Louisiana Film Commission. The court ordered permanent disbarment, finding that his felony convictions, malfeasance in office, fraud, and misuse of public office warranted permanent prohibition from readmission.

Holdings

1. Respondent's guilty plea and conviction for felony bribery and conspiracy constituted conclusive evidence of guilt for purposes of the disciplinary proceeding, and his conduct violated Rule 8.4 and warranted discipline.
2. Permanent disbarment was warranted because respondent committed malfeasance in public office resulting in a felony conviction involving fraud, misused a position of public trust, and engaged in bribery with insufficient mitigating circumstances to justify departure from the permanent-disbarment sanction.

Questions Presented

1. Whether respondent's federal felony convictions and admitted conduct established violations of Louisiana Rule of Professional Conduct 8.4 and warranted attorney discipline.
2. Whether the appropriate sanction was permanent disbarment rather than ordinary disbarment or a lesser sanction.

Disposition

other