IN RE: David Gardner DEBLIEUX (2020)

Application for rehearing denied.

I would grant the Office of Disciplinary Counsel's Application for Rehearing. As noted by the ODC, three members of this court—including myself—would have imposed a greater sanction than that rendered by the majority. In my original dissent, I expressed concern regarding the leniency of the discipline imposed because respondent's behavior was serious, intentional, and involved domestic violence with minor children present. Considering respondent's criminal actions satisfied the elements of a felony (unauthorized entry of an inhabited dwelling), as well as three misdemeanor offenses (domestic abuse battery, simple battery, and simple criminal damage to property), I would accept the Disciplinary Board's recommendation that respondent be suspended from the practice of law for two years.

Johnson, C.J., would grant the application for rehearing and assigns reasons. Crichton, J., would grant the application for rehearing. Crain, J., would grant the application for rehearing.