IN RE: JULIE MICHAEL UDOESSIEN (2023)

The majority has voted to accept this joint petition for consent discipline. Based on the facts presented, I concur in a fully deferred suspension and a one-year probation. However, I dissent from a one year and one-day suspension as overly harsh considering other dispositions made by this Court and the need for consistency in bar discipline cases. Decisions in matters, such as these, are fact intensive and should be made on a case-by-case basis.

In this case, Respondent (Ms. Udoessien) was arrested for driving while intoxicated (DWI), first offense, and having an open alcoholic beverage container in her vehicle. As requested by the Office of Disciplinary Counsel, Respondent submitted to an evaluation by the Judges and Lawyers Assistance Program (JLAP). That evaluation revealed that Respondent does not meet the criteria for any alcohol-related or drug-related conditions, and JLAP made no further recommendations. Respondent has no prior disciplinary record, no dishonest or selfish motive, and no prior DWI arrests. Respondent has displayed a cooperative attitude toward these proceedings, has shown remorse, and has accepted responsibility for her actions.

For these reasons, I dissent in part from the majority and would impose a one-year (as opposed to a one year and one-day) suspension, fully deferred, subject to a one-year probation with the recommended conditions.

Genovese, J., concurs in part, dissents in part, and assigns the following reasons.