No. 2020-B-00206 (La. Apr. 27, 2020).
Authorities cited
Identified automatically; this list may not be exhaustive.
- In re Watkins 256 So. 3d 259
Opinion text
Supreme Court of Louisiana
April 27, 2020
Clerk of Court
For the Court
No.2020-B-00206
_ _ _ _ _ _
IN RE: Disc
iplinary Counsel - Applicant Other; Rule to Revoke Probation;
_ _ _ _ _ _
April 27, 2020
Probation revoked. See per curiam.
Hughes, J., dissents and assigns reasons.
SJC
JLW
JTG
WJC
JHB
The Supreme Court of the State of Louisiana
IN RE: TYRONE F. WATKINS
04/27/2020 "See News Release 013 for any Concurrences and/or Dissents."
04/27/20
S
UPREME COURT OF LOUISIANA
NO. 2
020-B-0206
I
N RE: TYRONE F. WATKINS
AT
TORNEY DISCIPLINARY PROCEEDING
P
ER CURIAM
T he instant disciplinary proceeding arises from a motion and rule to revoke
probation filed by the Office of Disciplinary Counsel (“ODC”) against respondent,
Tyrone F. Watkins, for his failure to comply with the conditions of probation
imposed in In re: Watkins, 18-1332 (La. 11/14/18), 256 So. 3d 259 (“Watkins I”).
UNDE
RLYING FACTS AND PROCEDURAL HISTORY
The record in Watkins I demonstrated that respondent neglected a legal matter,
failed to communicate with his client, and failed to refund an unearned fee. In 2017,
the ODC f iled formal charges against respondent. At the conclusion of the
disciplinary proceedings, we suspended respondent from the practice of law for three
months, fully deferred, subject to a one-year period of unsupervised probation with
the conditions that he (1) make restitution to his client, with legal interest, in the
amount of $3,625 and (2) consult with the Louisiana State Bar Association’s
(“LSBA”) Practice Assistance Counsel to create a proper law office management
system. We concluded that “[a]ny failure of respondent to comply with the se
conditions, or any misconduct during the probationary period, may be grounds for
making the deferred suspension executory, or imposing additional discipline, as
appropriate.”
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Respondent’s probation commenced on December 21, 2018, when he
executed a formal probation agreement with the ODC. Among other conditions,
respondent agreed to the following:
• Make full restitution, with legal interest, to Shawn Sanne in the amount of
$3,625 and submit proof of payment to the ODC.
• Consult with the LSBA’s Practice Assistance Counsel to create a law office
management system with emphasis on client communication. [Following this
consultation, respondent was directed to attend the LSBA’s Ethics School.]
• Comply with all bar membership requirements, including satisfying all
mandatory continuing legal education (“MCLE”) requirements.
• Pay all costs and expenses assessed against him in Watkins I , including legal
interest.
DISCIPLINARY PROCEEDINGS
Motion and Rule to Revoke Probation
On December 30, 2019, the ODC filed the instant motion and rule to revoke
respondent’s probation, alleging that he had failed to comply with the conditions of
his probation in Watkins I. Essentially, the ODC alleged that responden t failed to
make restitution to Mr. Sanne, as required by his probation plan. The ODC also
alleged that respondent owes an outstanding balance of $95 associated with his
attendance at the LSBA’s Ethics School and failed to complete his 2019 MCLE
requirements. Finally, the ODC alleged that although respondent signed a
promissory note for the costs assessed in Watkins I, he had made only one payment
on the note and still owed $2,362.73. Accordingly, the ODC prayed for revocation
of respondent’s probation and the imposition of the previously deferred three-month
suspension.
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Hearing on Revocation of Probation
This matter proceeded to a hearing before an adjudicative panel of the
disciplinary board on January 23, 2020. The ODC was represented by Chief
Disciplinary Counsel Charles Plattsmier. Respondent appeared pro se.
At the outset of the hearing, respondent stipulated to the essential facts alleged
by the ODC in its motion to revoke probation. Respondent indicated that he does
not have sufficient funds to pay the obligations required of him or to hire an attorney
to represent him. The board panel heard brief argument from Mr. Plattsmier and the
ODC’s exhibits were introduced into evidence. No testimony was presented to the
board panel.
Disciplinary Board Recommendation
On February 3, 2020, the disciplinary board filed its report with this court,
recommending that the ODC’s motion to revoke probation be granted in light of
respondent’s stipulations and the evidence in the record. The board also
recommended that the deferred three -month suspension imposed in Watkins I be
made executory, and that respondent be assessed with all costs and expenses of these
proceedings.
Respondent filed a response to the disciplinary board’s recommendation. He
acknowledged that he failed to comply with the conditions of his probation;
however, he suggested that his failure was solely attributable to financial difficulties
and therefore requested that his probation be extended. The ODC filed an opposition
to the relief requested by respondent.
DISCUSSION
A review of the record reveals that respondent has not complied with the
requirements of his December 21, 2018 probation agreement. Respondent has
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stipulated that he has failed to make any restitution to his former client, Shawn
Sanne; has failed to pay the total amount due for attendance at Ethics School, which
attendance was required pursuant to his consultation with the LSBA’s Practice
Assistance Counsel; has failed to fulfill his obligations in connection with th e
payment of the costs assessed against him in Watkins I ; and has failed to complete
his MCLE requirements for 2019.
We find that respondent has made no effort to rectify the deficiencies which
prompted the filing of the motion to revoke. Under these circumstances, we agree
that the revocation of respondent’s probation is appropriate.
Accordingly, we will accept the disciplinary board’s recommendation and
grant the motion to revoke respondent’s probation, making the previously deferred
three-month suspension imposed in Watkins I immediately executory. Before being
reinstated pursuant to Supreme Court Rule XIX, § 23, in addition to complying with
all other requirements set forth in § 23, respondent shall be required to provide
documentary evidence that he (1) has paid restitution to Mr. Sanne in the amount of
$3,625 plus legal interest; (2) has paid the LSBA the total amount due for his
attendance at Ethics School; (3) is current on his payments due to the d isciplinary
board for costs; and (4) has complied with the MCLE requirements.
DECREE
For the reasons assigned, respondent’ s probation is revoked and the
previously deferred three-month suspension imposed in In re: Watkins, 18-1332 (La.
11/14/18), 256 So. 3d 259, is hereby made immediately executory. Before being
reinstated pursuant to Supreme Court Rule XIX, § 23, in addition to complying with
all other requirements set forth in § 23, respondent shall be required to provide
documentary evidence that he (1) has paid restitution to his former client, Shawn
Sanne, in the amount of $3,625 plus legal interest; (2) has paid the Louisiana State
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Bar Association the total amount due for his attendance at Ethics School; (3) is
current on his payments due to the Louisiana Attorney Disciplinary Board for costs;
and (4) has complied with the MCLE requirements. All costs and expenses in the
matter are assessed against respondent, Tyrone F. Watkins, Louisiana Bar Roll
number 27321, in accordance with Supreme Court Rule XIX, § 10.1, with legal
interest to commence thirty days from the date of finality of this cour t’s judgment
until paid.