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221 So. 3d 849

In re Sutherland

Supreme Court of Louisiana

Decided June 16, 2017

Supreme Court of Louisiana · decided 2017-06-16

Decided 2017-06-16

¶1ATTORNEY DISCIPLINARY PROCEEDING

PER CURIAM

¶2hln December 2013, respondent was arrested for driving while intoxicated; he later pleaded guilty to first offense DWI. Following the filing of formal charges, respondent and the Office of Disciplinary Counsel submitted a joint petition for consent discipline. Having reviewed the petition,

¶3*850IT IS ORDERED that the Petition for Consent Discipline be accepted and that Preston G. Sutherland, Louisiana Bar Roll number 12590, be and he hereby is suspended from the practice of law for a period of one year and one day. It is further ordered that this suspension shall be deferred in its entirety and that respondent shall be placed on probation for a period to coincide with the term of his recovery agreement with the Judges and Lawyers Assistance Program. Any failure of respondent to comply with the terms of the agreement may be grounds for making the deferred suspension executory, or imposing additional discipline, as appropriate.

¶4IT IS FURTHER ORDERED that all costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this court’s judgment until paid.

CRICHTON, J., additionally concurs and assigns reasons.
CRICHTON, J.,

¶5additionally concurs and assigns reasons:

¶6hi accept' the consent discipline, as the respondent has agreed to it. However, for a first offense, driving while intoxicated conviction, the respondent completed a ninety-day inpatient treatment program and does not appear to have alcohol dependence. Under these circumstances, in my view, a five-year JLAP sanction is too harsh.

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