IN RE: Timothy French UPTON (2020)

Joint petition for consent discipline accepted. See per curiam.

ATTORNEY DISCIPLINARY PROCEEDING

Respondent tested positive for the use of drugs while under monitoring by the Judges and Lawyers Assistance Program following his arrest on drug possession charges. Prior to the filing of formal charges, respondent and the Office of Disciplinary Counsel submitted a joint petition for consent discipline, in which the parties stipulated that respondent violated Rules 8.4(a) and 8.4(b) of the Rules of Professional Conduct. Having reviewed the petition,

IT IS ORDERED that the Petition for Consent Discipline be accepted and that Timothy French Upton, Louisiana Bar Roll number 27154, be suspended from the practice of law for one year and one day, with all but six months deferred. This suspension shall be retroactive to February 10, 2020, the date of respondent's interim suspension. Following the active portion of the suspension, respondent shall be placed on probation for a period to coincide with his Judges and Lawyers Assistance Program recovery agreement. The probationary period shall be governed by the conditions set forth in the Petition for Consent Discipline. Any failure of respondent to comply with the conditions of probation, or any misconduct during the probationary period, may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate.

IT IS FURTHER ORDERED that all costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.