In Re: Gerald Joseph Asay

Supreme Court of Louisiana
April 07, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IN RE: GERALD JOSEPH ASAY
No.2021-OB-00069
_
_ _ _ _ _
I
N RE: Gerald Joseph Asay – Applicant Other; Findings and Recommendations
(Reinstatement);
_ _ _ _ _ _
April 07, 2021
Conditional reinstatement granted. See per curiam.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
04/07/2021 "See News Release 014 for any Concurrences and/or Dissents."

04/07/21
S
UPREME COURT OF LOUISIANA
NO. 20
21-OB-0069
I
N RE: GERALD JOSEPH ASAY
ON AP
PLICATION FOR REINSTATEMENT
P
ER CURIAM
Th
is proceeding arises out of an application for reinstatement to the practice
of law filed by petitioner, Gerald Joseph Asay, a suspended attorney.
UNDE
RLYING FACTS AND PROCEDURAL HISTORY
On January 18, 2019, we accepted a joint petition for consent discipline and
suspended petitioner from the practice of law for three years, retroactive to July 21,
2015, the date of his interim suspension. In re: Asay , 18-2002 (La. 1/18/19), 261
So. 3d 779. The record of the matter reflects that petitioner entered an Alford plea
to one count of negligent injuring stemming from a confrontation with his estranged
wife. The record further reflects that after the incident, petitioner sought treatment
for a substance use disorder. Upon completion of the treatment program, petitioner
entered into a recovery agreement with the Judges and Lawyers Assistance Program
(“JLAP”).
On September 10, 2019, petitioner filed the instant application for
reinstatement to the practice of law in Louisiana, asserting that he has complied with
the reinstatement criteria set forth in Supreme Court Rule XIX, § 24(E) . On
November 4, 20 19, the ODC filed its response to petitioner’s application for

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reinstatement, taking no position regarding the matter. The matter was then referred
for a formal hearing before a hearing committee.
Following the hearing, the hearing committee recommended petitioner be
reinstated to the practice of law, subject to a probationary period governed by certain
conditions. Both petitioner and the ODC objected to the committee’s report and
recommendation. Accordingly, the matter was reviewed by the disciplinary board
pursuant to Supreme Court Rule XIX, § 24(H)(2).
After review, the board recommended petitioner be reinstated to the practice
of law, subject to a probationary period to coincide with the remainder of his five -
year JLAP recovery agreement executed on May 14, 2020, governed by the
following conditions:
1. Petitioner shall continue to comply with and complete his May 14, 2020 JLAP
recovery agreement; and
2. Should petitioner fail to comply with these conditions, or should he commit
any misconduct during the probationary period, his conditional right to
practice may be terminated immediately, or he may be subjected to other
discipline pursuant to the Rules of Lawyer Disciplinary Enforcement, as
appropriate.
Neither petitioner nor the ODC objected to the disciplinary board’ s
recommendation.

DISCUSSION
After considering the record in its entirety, we find petitioner has met his
burden of proving that he is entitled to be re instated to the practice of law on a
conditional basis. Accordingly, we will order that petitioner be reinstated to the
practice of law, subject to a probationary period to coincide with the remainder of

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his five-year JLAP recovery agreement executed on May 14, 2020, governed by the
conditions recommended by the disciplinary board.

DECREE
Upon review of the recommendations of the hearing committee and the
disciplinary board, and considering the record, it is ordered that Gerald Joseph Asay,
Louisiana Bar Roll number 31604, be immediately reinstated to the practice of law
in Louisiana, subject to a probationary period to coincide with the remainder of his
five-year JLAP recovery agreement executed on May 14, 2020, governed by the
conditions set forth herein. The probationary period shall commence from the date
petitioner and the ODC execute a formal probation plan. Should petitioner fail to
comply with the conditions of probation, or should he commit any misconduct
during the period of probation, h is conditional right to practice may be terminated
immediately, or he may be subjected to other discipline pursuant to the Rules for
Lawyer Disciplinary Enforcement, as appropriate. All costs of these proceedings
are assessed against petitioner.