In Re: Ramsey Terry Marcello
Also decided on this docket: La., February 7, 2023
In Re: Ramsey Terry Marcello, No. 2021-OB-01199 (La. Oct. 5, 2021).
Opinion text
Supreme Court of Louisiana
October 05, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IN RE: RAMSEY TERRY MARCELLO
No. 2021-OB-01199
_ _ _ _
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IN R
E: Ramsey Terry Marcello - Applicant Plaintiff; Office of Disciplinary Counsel
- Applicant Other; Findings and Recommendations (Readmission);
_ _ _ _ _ _
October 05, 2021
Conditional readmission granted. See per curiam.
Weimer, C.J., dissents.
Crichton, J., dissents and assigns reasons.
Crain, J., dissents.
JBM
JDH
JTG
PDG
10/05/2021 "See News Release 040 for any Concurrences and/or Dissents."
SU
PREME COURT OF LOUISIANA
NO. 2021
-OB-1199
IN
RE: RAMSEY TERRY MARCELLO
ON APP
LICATION FOR READMISSION
PER CU
RIAM
Thi
s proceeding arises out of an application for readmission filed by
petitioner, Ramsey Terry Marcello, an attorney whose conditional admission to the
practice of law in Louisiana was revoked in November 2011.
UNDERL
YING FACTS AND PROCEDURAL HISTORY
Petitioner passed the Louisiana bar exam in July 2009. Because of concerns
about his history of substance use, we admitted him to the practice of law on June
17, 2010 conditioned upon his participation in the Judges and Lawyers Assistance
Program (“JLAP”) for one year. On November 16, 2011, we revoked petitioner’s
conditional admission after he violated the terms of his JLAP contract by using
cocaine and drinking alcohol, among other things. Petitioner subsequently
completed an inpatient substance abuse treatment program and executed a new five-
year JLAP recovery agreement on December 4, 2017.
In November 2020, petitioner filed an application for r eadmission with the
disciplinary board, alleging he has complied with the readmission criteria set forth
in Supreme Court Rule XIX, § 24(E). The Office of Disciplinary Counsel (“ODC”)
took no position regarding the application for readmission. Accordingly, the matter
was referred for a formal hearing before a hearing committee.
Following the hearing, the committee recommended that petitioner be
readmitted to the practice of law , subject to the condition that he be placed on
10/05/21
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probation during the remainder of the term of his JLAP recovery agreement and that
he remain in compliance with it. Neither petitione r nor the ODC obje cted to the
committee’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 r eadmitted to the practice of law on a
conditional basis. Accordingly, we will order that petitioner be re admitted to the
practice of law, subject to the following conditions:
1. Petitioner shall continue to comply with the terms of the JLAP recovery
agreement he signed on December 4, 2017.
2. The period of this conditional readmission shall coincide with the period of
petitioner’s JLAP agreement. However, petitioner’s conditional readmission status
shall not be terminated until this court so orders.
3. Petitioner shall authorize the Executive Director of JLAP to report any
violations of the JLAP agreement to the ODC.
4. Upon the expiration of the term of petitioner’s JLAP agreement, the Executive
Director of JLAP shall forward to the ODC (a) a final report of petitioner’s progress
and participation in JLAP, and (b) a recommendation regarding the need for
petitioner’s continued participation in JLAP.
5. Following receipt of the report from JLAP, the ODC shall file a report in this
court in which it shall recommend whether the conditional re admission shall be
allowed to terminate or shall be extended.
6. Petitioner shall cooperate with JLAP and the ODC, and shall comply with any
and all requirements imposed upon him by JLAP and the ODC.
Should petitioner fail to comply with any requirement of his recovery
agreement or otherwise fail to make a good faith effort to satisfy these conditions,
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or should he commit any misconduct during the period of probation, his conditional
right to practice may be terminated immediately, or he may be subjected to other
discipline pursua nt to the Rules for Lawyer Disciplinary Enforcement, as
appropriate.
DECREE
Upon review of the recommendation of the hearing committee, and
considering the record, it is ordered that Ramsey Terry Marcello, Louisiana Bar Roll
number 32977, be immediately readmitted to the practice of law in Louisiana,
subject to the conditions set forth in this opinion. All costs of these proceedings are
assessed against petitioner.