¶1concurring in part and dissenting in part.
¶2I agree that respondent, Robert W. Sharp, should be sanctioned. However, I find, as did the Hearing Committee and the Disciplinary Board, that Mr. Sharp’s conduct was negligent and caused potential injury to the legal system because he continued to draft the agreement even after he concluded that the agreement was not a good idea. Nonetheless, for the following reasons, I find that the majority’s imposition of suspension from the practice of law for a period of one year and a day is unduly harsh.
¶3Mr. Sharp did not initiate the idea to pay S.H.
¶4For these reasons, I respectfully dissent from the sanction that the majority imposes.
¶5. As a practical matter, the record shows that S.H. sought this extrajudicial means to avoid having her daughter go through the trauma of providing testimony against Mr. Freeman, the man with whom her daughter was purportedly still in love.
¶6. "[T]he district attorney has entire charge and control of every criminal prosecution instituted or pending in his district, and determines whom, when, and how he shall prosecute.” La.- Code Crim. Proc. Ann. art. 61.