In Re: Timothy French Upton
In Re: Timothy French Upton, No. 2020-B-00920 (La. Sept. 23, 2020).
Opinion text
Supreme Court of Louisiana
September 23, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IN RE: TIMOTHY FRENCH UPTON
No.2020-B-00920
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I
N RE: Timothy French Upton - Applicant Other; Office of Disciplinary Counsel -
Applicant Other; Joint Petition for Consent Discipline;
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September 23, 2020
Joint petition for consent discipline accepted. See per curiam.
JHB
JLW
JDH
SJC
JTG
WJC
09/23/2020 "See News Release 034 for any Concurrences and/or Dissents."
09/23/20
SUPREME COURT OF LOUISIANA
NO. 2
020-B-0920
I
N RE: TIMOTHY FRENCH UPTON
AT
TORNEY DISCIPLINARY PROCEEDING
P
ER CURIAM
Respondent tested positive for the use of drugs while under monitoring by the
Judges and Lawyers Assistance Program following his arrest on drug possession
charges. Prior to the filing of formal charges, respondent and the Office of Disciplinary
Counsel submitted a joint petition for consent discipline, in which the parties stipulated
that respondent violated Rules 8.4(a) and 8.4(b) of the Rules of Professional Conduct.
Having reviewed the petition,
IT IS ORDERED that the Petition for Consent Discipline be accepted and that
Timothy French Upton , Louisiana Bar Roll number 27154, be suspended from the
practice of law for one year and one day, with all but six months deferred. This
suspension shall be retroactive to February 10, 2020, the date of respondent’s interim
suspension. Following the active portion of the suspension, respondent shall be placed
on probation for a period to coincide with his Judges and Lawyers Assistance Program
recovery agreement. The probationary period shall be governed by the conditions set
forth in the Petition for Consent Discipline. Any failure of respondent to comply with
the conditions of probation, or any misconduct during the probationary period, may be
grounds for making the deferred portion of the suspension executory, or imposing
additional discipline, as appropriate.
IT 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.