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626 So. 2d 1188

In re Ellerman

Supreme Court of Louisiana

Decided November 9, 1993

Supreme Court of Louisiana · decided 1993-11-09

Cited by 1 later decisions — most recently April 2010

1 state decisions

Key passage — most relied on by later courts

“Based upon our review of the record, we agree with disciplinary counsel that the facts of this case warrant a greater sanction than that recommended by the disciplinary board. We find that several aggravating factors are present in this case. First, respondent’s actions occurred over a number of years, demonstrating a pattern of misconduct. Although respondent only pled guilty to one count of violating 26 U.S.C. § 7203 , based on his failure to file a federal income tax return for 1987, the presen-tencing investigation from the federal court revealed that respondent had also failed to file his tax returns in a prompt fashion for twelve other years. Secondly, the very nature of respondent’s actions, which the federal court found to be intentional and willful, indicates a selfish or dishonest motive on the part of respondent. Finally, we feel that respondent’s substantial experience in the practice of law, combined with the fact that he held the office of district judge, requires that he should be held to even a higher standard of conduct than an ordinary attorney. 19In imposing discipline, we are mindful that respondent has been punished for his conduct, in that he has served a one year jail sentence and was removed from office by this court. Nonetheless, we believe that an actual period of suspension is justified under the circumstances. Therefore, we conclude that a one year suspension from the practice of law, with six months of the suspension being deferred, and a two year”

quoted by 1 later decision, including In Re Cook

Good law ✅— No negative treatment on recordhow we know

Decided 1993-11-09

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¶1ORDER

¶2Upon review of the record of the Disciplinary Board’s findings and recommendations, and the record filed herein, it is the decision of this Court that the Disciplinary Board’s recommendations be adopted, with minimum exceptions.

¶3This attorney, Donnie L. Ellerman, pled guilty in United States District Court to four counts of wilful failure to file income tax returns. He received a 1 year prison sentence for each count, with the sentences to run concurrently. The sentence was suspended conditioned on Mr. Ellerman’s compliance with the terms of his probation.

¶4The Disciplinary Board agreed with the recommendations of the Hearing Committee: a two year suspension from the practice of law with the suspension to be deferred conditioned on Mr. Ellerman’s compliance with the terms of his probation.

¶5Accordingly, it is ordered that Donnie L. Ellerman be suspended from the practice of law for a period of 1 year and 11 months, with that suspension to be deferred and the respondent placed on probation for 1 year and 11 months commencing with this date. The recommended 2 year suspension is thus shortened by 1 month because of the 1 month interim suspension completed by petitioner in June of this year. During his probation, respondent will comply with the following terms:

1. Respondent shall comply with all Rules of Professional Conduct;
2. Respondent shall comply with all terms of probation imposed on him by Judge Walter in the matter entitled “United States of America v. Donnie L. Eller-man”, on the criminal docket of the U.S. District Court, Western District of Louisiana;
3. John Knight, Jr. shall monitor the probation at least monthly and he is to provide a detailed written report concerning Respondent’s compliance with the terms of probation at least bi-annually to the Office of Disciplinary Counsel and Respondent is to cooperate fully with the probation monitor;
4. Respondent shall complete 2.5 hours of continuing legal education relating to office management. The CLE is to meet the requirements for credit under the rules of this Court;
5. Respondent shall consent to requests by both the Disciplinary Counsel and the probation monitor to review statements and records of his operating and trust accounts;
6. Respondent shall develop a law office management organization plan which meets with the approval of the probation monitor within 30 days of the finality of the decision of this Court.
7. Respondent shall retain a certified public accountant to audit his operating and trust accounts and to certify on a quarterly basis, to the practice monitor and the Office of Disciplinary Counsel that all taxes are being paid;

¶6If any condition is violated the 2 year suspension noted earlier will be imposed.

/s/ Pascal F. Calogero, Jr. Pascal F. Calogero, Jr., Chief JusticeLEMMON, J., not on panel.
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