IN RE: Claude P. DEVALL (2022)

Petition for transfer to interim disability inactive status granted. See order.

ORDER

Considering the Petition for Transfer to Disability Inactive Status filed by the Office of Disciplinary Counsel, and the response thereto filed by respondent,

IT IS ORDERED that Claude P. Devall, Jr., Louisiana Bar Roll number 29148, be and he hereby is transferred to interim disability inactive status pending the multidisciplinary inpatient professional assessment scheduled for June 20, 2022.

IT IS FURTHER ORDERED that following the assessment, the parties shall cause a copy of the report thereof to be filed in this court as soon as practicable. The record of this matter shall be held open pending the filing of the report. The parties may file supplemental briefs addressing the report within ten days of the filing thereof.

IT IS FURTHER ORDERED that in the event respondent fails to attend or complete the assessment, the Office of Disciplinary Counsel shall immediately advise the court of this fact, at which time the court shall proceed with consideration and disposition of the petition for transfer to disability inactive status.

Pursuant to Supreme Court Rule XIX, § 26(E), this order shall be effective immediately. Pursuant to Supreme Court Rule XIX, § 16(D), all filings in this matter shall remain confidential.

NEW ORLEANS, LOUISIANA, this _ day of _, 2022.

FOR THE COURT:

/s/ _

JUSTICE, SUPREME COURT OF LOUISIANA

Attorney Disciplinary Proceeding

I disagree with the Court's order placing respondent on interim disability status pending an inpatient professional assessment without further due process concerning the results of his blood Phosphatidylethanol (PEth) test results. As I have stated before, respondent should “be allowed the opportunity to confront and cross-examine the methodology and results of this test as well as an opportunity to provide an explanation under oath as to these issues.” See In Re: Paul E. Brown, 17-1930 (La. 9/18/18), 252 So.3d 468 (Crichton, J., dissenting, noting respondent's need for a due process evidentiary hearing to cross-examine a report regarding a hair test produced by the Professionals’ Wellness Evaluation Center). Accordingly, I dissent from the Court's order placing respondent on interim disability status and would instead remand the matter for an evidentiary hearing.

Crichton, J., dissents and assigns reasons. Genovese, J., dissents for reasons assigned by Justice Crichton. Griffin, J., dissents for reasons assigned by Justice Crichton.