“The Louisiana Attorney Disciplinary Board in Re: Gregory Van Judice No. 08-DB-028 W/W 08-DB-047 adopted the factual findings as deemed facts. Based upon the intentional and egregious misconduct present in the record recommends that respondent be permanently disbarred.” The Louisiana Supreme Court states the following facts should be considered.
1.Whether the lawyer has violated a duty owed to a client (Bell Family Trust).
2.Whether the lawyer acted intentionally, knowingly and negligently.
3.The amount of actual or potential injury caused by the lawyer’s misconduct; and
4.The existence of any aggravating or mitigating factors.
LA RULES OF PROFESSIONAL CONDUCT (in part)
Rule 1.7 Conflict of Interest: Current Clients – pg 9
Rule 3.4 Fairness to opposing party and counsel pg 33
Rule 3.5 Impartiality pg 34
Rule 3.7 Lawyer as Witness pg 35
Rule 4.1 Truthfulness in statements to others pg 37
Rule 7.6 Computer pg 57
Rule 8.2 Judicial and Legal Officials pg 65
Rule 8.3 Reporting Professional Misconduct pg 66
Rule 8.4 Misconduct pg 66
Rule 8.5 Disciplinary authority – choice of law pg 67
Need pages Code of Judicial Conduct Canons
need pages Prof Code Conduct
need pages criminal statutes
– LEGAL ADV – JUDICIAL WATCH – JUDICIAL RESPONSIBILITY –
Canon 1 A judge shall uphold the integrity and independence of the judiciary. An independent and honorable judiciary is indispensable tojustice in our society. A judge should participate in establishing, maintaning, and enforcing, and shall personally observe, high standards of conduct so that the integrity and independence of the judiciary may be rpeserved. The provisions of this Code are to be construed and applied to further the objective.
Commentary to Canon 1
The word “shall” is intended to impose binding obligations, the violation of which can result in disciplinary action.
When “should” isused, the text is intended to instruct judges concerning appropriate judicial conduct. The use of should is an acknowledgement that the conduct regulated in these Canons may impose in the judge more discretion, and/or may involve the conduct of others. Nonetheless, a clear violation of any Canon in which should is used, a clear abuse of discretion by the judge in regulating the conduct of those per sons whose actions are subject to the judge’s direction and control, may also result in judicial discipline.
Canon 2 A judge shall avoid impropriety and the appearance of impropriety in all activities. As used in this code “impartiality” or “impartial” denotes absence of bias of prejudice in favor of,or against, particular parties or clases of parties, as well as maintaining an open mind in considering issues that may come before the judge (amended effective February 1, 2005.