IN RE: MICHELLE ANDRICA CHARLES (2023)

Motion to modify discipline conditions granted. Motion to revoke probation dismissed as moot. See per curiam.

SUPREME COURT OF LOUISIANA

NO. 2021-B-1853

c/w

NO. 2023-B-1117

IN RE: MICHELLE ANDRICA CHARLES

ATTORNEY DISCIPLINARY PROCEEDING

PER CURIAM

Respondent is currently on probation pursuant to our judgment in In re: Charles, 21-1853 (La. 5/13/22), 340 So. 3d 901. As a condition of probation, respondent is required to “take at least eight hours of her mandatory continuing legal education (“MCLE”) requirements in the area of law office management, as approved by the Committee on MCLE․”

The deadline for completion of this requirement was July 1, 2023. On June 30, 2023, respondent filed a motion with this court seeking an extension of time to complete this requirement.

On July 5, 2023, while respondent's motion was pending in this court, the Office of Disciplinary Counsel filed a motion to revoke respondent's probation on the ground she failed to comply with the July 1, 2023 deadline. The disciplinary board filed a recommendation with this court on August 14, 2023 recommending the motion to revoke probation be denied.

We conclude respondent has shown good cause for an extension of time to complete her remaining MCLE requirements. Accordingly, we will grant the motion for extension and extend the deadline to December 31, 2023, subject to the condition that no further extensions shall be granted.

In light of this decision, we will dismiss the motion to revoke probation as moot.

DECREE

For the reasons assigned, respondent's Motion to Modify Discipline Conditions is granted. Respondent shall be granted an extension until December 31, 2023 to complete the remaining four hours of mandatory continuing legal education requirements in the area of law office management, as approved by the Committee on Mandatory Continuing Legal Education. All other provisions and conditions of probation imposed in In re: Charles, 21-1853 (La. 5/13/22), 340 So. 3d 901, and the probation agreement executed on September 19, 2022 shall remain in full force and effect. No additional extensions of the conditions of probation shall be granted. The motion to revoke probation is dismissed as moot. All costs and expenses in connection with the motion to revoke probation are waived pursuant to Supreme Court Rule XIX, § 10(F).

Respectfully, perhaps the more prudent course of action would have been for the Office of Disciplinary Counsel to move to stay the revocation hearing until this Court acted on respondent's motion. This would have avoided both consuming the disciplinary board's resources on a potentially moot issue and exposing the respondent to additional costs.

Weimer, C.J., dissents as to the waiver of costs but otherwise concurs. Griffin, J., additionally concurs and assigns reasons.