IN RE: Elizabeth A. SPURGEON (2022)

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 drug and alcohol-related criminal offenses. 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 Elizabeth A. Spurgeon, Louisiana Bar Roll number 33455, be and she hereby is suspended from the practice of law for a period of two years. It is further ordered that this suspension shall be deferred in its entirety and that respondent shall be placed on probation for a period to coincide with the term of her recovery agreement with the Judges and Lawyers Assistance Program. Any failure of respondent to comply with the terms of the agreement 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.

In my view, because of respondent's drug and alcohol-related criminal offenses and violations of Rules 8.4(a) and (b), the discipline accepted by this Court, without additional requirements to be fulfilled by respondent, is insufficient to fulfill our obligation to protect the public. See In re: Swords, 20-642, p. 5 (La. 9/23/20), 301 So.3d 1146, 1150 (“[I]n determining a sanction, we are mindful that disciplinary proceedings are designed to maintain high standards of conduct, protect the public, preserve the integrity of the profession, and deter future misconduct.”) (internal citation omitted). As such, in addition to accepting the joint discipline presented, and noting respondent's recovery agreement with the Judges and Lawyers Assistance Program, I would impose further safeguards to protect the public, including the appointment of a practice monitor, successful completion of the Louisiana State Bar Association's Ethics School, and additional hours of continuing legal education in the area of professionalism.

Weimer, C.J., dissents. Crichton, J., dissents in part and assigns reasons.