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In re Simon6/29/2005
e and respondent's cooperative attitude toward these proceedings.
Considering the record as a whole, we conclude the appropriate sanction for respondent's misconduct is a suspension from the practice of law for a period of six months. However, we will defer all but thirty days of this suspension on the condition that respondent successfully complete the Louisiana State Bar Association's Ethics School program. We urge respondent to take this opportunity to reflect upon his professional and ethical duties as a member of the bar of this state, in particular the need to balance the zealous advocacy of a client's cause with his oath as an attorney to "maintain the respect due to courts and judicial officers." In fashioning the sanction in this manner, we caution respondent that we will not tolerate any future misconduct of the type seen here.
DECREE
Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that J. Clemille Simon, Louisiana Bar Roll number 19996, be and he hereby is suspended from the practice of law for a period of six months. It is further ordered that all but thirty days of this suspension shall be deferred, subject to the condition that respondent shall enroll in and attend the next session of the Ethics School program offered by the Louisiana State Bar Association's Practice Assistance and Improvement Committee. Failure to comply with this condition or any other misconduct within a period of one year from the finality of this opinion may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, ยง 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.
Appendix
Hypothetical Telephone Conversation Between Patrick J. Briney
And His Clients (Judges of The 15th Judicial District Court)
Patrick Briney: Ring...ring...ring...
Judge Everett: Hello?
Patrick Briney: Glen?
Judge Everett: Yes...
Patrick Briney: Hi Glen, this is Pat...how are you my good friend?
Judge Everett: Hey Pat...I'm doing fine...how are you?
Patrick Briney: I can't complain...although I'm having to work more than I'd like especially since Simon is trying to disqualify me.
Judge Everett: Yeah, that's an interesting situation. I'm told Ed dismissed the motion without even allowing a hearing.
Patrick Briney: Yeah...we made Simon take writs to the Supreme Court...Of course, they reversed and remanded.
Judge Everett: So I heard.
Patrick Briney: Yeah...lucky for us they appointed Judge Anne Simon...she's made short shrift of Simon's motion...thank God she reversed her previous discovery ruling and didn't allow Simon to take my deposition...I think I dodged a bullet there...
Judge Everett: Yeah, what's Simon going to do now?
Patrick Briney: Oh, if history is any indication, he'll take writs. We should be alright since Judge Simon denied Simon's motion and I did not have to disclose all of the details of our relationship.
Judge Everett: Well, Pat what can I do for you today?
Patrick Briney: I was calling about the situation in State v. Cavazos...are you wearing your official black judicial robe?
Judge Everett: Hold on...it's hanging right here...let me put it on...
Patrick Briney: That
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