IN RE: James Casey FOS (2022)

Conditional reinstatement granted. See per curiam.

On March 2, 2018, we suspended petitioner from the practice of law for three years and ordered him to make full restitution to his victims, as proposed in a joint petition for consent discipline filed by petitioner and the Office of Disciplinary Counsel (“ODC”). In re: Fos, 17-2108 (La. 3/2/18), 237 So. 3d 510. Petitioner now seeks reinstatement to the practice of law.

Having considered the recommendation of the hearing committee, as well as the record of these proceedings, we find petitioner has met his burden of proving that he is entitled to be reinstated to the practice of law. Accordingly, we will reinstate petitioner to the practice of law, subject to a period of probation with conditions.

DECREE

Upon review of the recommendation of the hearing committee, and considering the record, it is ordered that James Casey Fos, Louisiana Bar Roll number 21280, be immediately reinstated to the practice of law in Louisiana, subject to a two-year period of probation with the condition that petitioner consult with a mental healthcare provider who meets the Judges and Lawyers Assistance Program's standards at least once quarterly and that the provider's reports be submitted to the ODC or any other entity deemed appropriate to monitor petitioner's compliance. 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, his 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.

ON APPLICATION FOR REINSTATEMENT

Because of the serious misconduct involved in this matter, Justice Marcus Clark and I previously dissented from this court's majority's decision suspending respondent for three years, noting anything less than disbarment was unduly lenient. See In re: James Casey Fos, 17-2108 (La. 3/2/18), 237 So.3d 510 (Crichton, J., dissenting).

However, over the span of four and a half years, respondent has made full restitution, completed his JLAP obligations, cooperated with ODC throughout this process, submitted himself to serving as peer support specialist for the Louisiana Department of Health, Office of Behavioral Health, and fully satisfied all requirements of Louisiana Supreme Court Rule XXX, § 24(5). Accordingly, I welcome respondent back to the practice of law.

Crichton, J., additionally concurs and assigns reasons.