IN RE: Andrew James MURPHY (2021)

Joint petition for consent discipline accepted. See per curiam.

ATTORNEY DISCIPLINARY PROCEEDING

The Office of Disciplinary Counsel (“ODC”) commenced an investigation into allegations that respondent was arrested for driving while intoxicated. Prior to the filing of formal charges, respondent and the ODC submitted a joint petition for consent discipline. Having reviewed the petition,

IT IS ORDERED that the Petition for Consent Discipline be accepted and that Andrew James Murphy, Louisiana Bar Roll number 35260, be and he hereby is suspended from the practice of law for a period of one year and one day. It is further ordered that this suspension shall be deferred in its entirety. Any misconduct during the deferral period may be grounds for making the deferred 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.

I would reject this petition for consent discipline as too lenient under the facts and circumstances of this case. Given that respondent has now had been arrested twice for DWI, and combined with his failure to self-report at least one of these arrests to the ODC,¹ I would impose some period of actual suspension.

FOOTNOTES

1.   The petition for consent discipline does not indicate whether the recent DWI arrest was selfreported.

Crichton, J., dissents and assigns reasons.