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Editor's note: Opinion released January 5, 2001
See News Release #001

SUPREME COURT OF LOUISIANA NO. 00-B-3174 IN RE: RICHARD JAMES MITHUN

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM
This disciplinary matter arises from a petition for consent discipline filed by respondent, Richard James Mithun, an attorney licensed to practice law in the State of Louisiana but currently suspended,1 following the institution of formal charges by the Office of Disciplinary Counsel ("ODC"). The ODC concurred in respondent's petition, and the disciplinary board recommended the proposed consent discipline be accepted.

UNDERLYING FACTS In 1998, Rene Decay retained respondent to represent him in connection with criminal charges then pending against Mr. Decay in Jefferson Parish. In June 1998, in an attempt to influence the outcome of the case, respondent delivered $49,135 in cash to a Jefferson Parish assistant district attorney. On September 18, 1998, respondent was charged in a two-count bill of information with conspiracy to commit public bribery, a violation of La. R.S. 14:26,2

On December 16, 1998, this court ordered that respondent be placed on interim suspension pursuant to a joint motion filed by respondent and the ODC. In re: Mithun, 98-3046 (La. 12/16/98), 737 So. 2d 1.
2

1

La. R.S. 14:26 provides, in pertinent part: A. Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the

and public bribery, a violation of La. R.S. 14:118.3 On January 12, 1999, respondent pleaded guilty as charged. After a pre-sentence investigation was completed, respondent was sentenced to concurrent terms of imprisonment at hard labor for two and one-half years on count one, with six months of the sentence suspended, and five years on count two, with three years of the sentence suspended.

DISCIPLINARY PROCEEDINGS Formal Charges On October 14, 1999, the ODC filed two counts of formal charges against respondent, alleging that his conviction constituted a violation of Rules 8.4(a) (violation of the Rules of Professional Conduct), 8.4(b) (commission of a criminal act reflecting adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer), 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation), and 8.4(d) (engaging in conduct prejudicial to the administration of justice) of the Rules of Professional Conduct. Respondent answered the formal charges and requested a hearing in mitigation. Prior to a formal hearing in the matter, respondent filed a petition for consent discipline, admitting that he has been convicted of a serious crime as defined by

agreement or combination.
3

La. R.S. 14:118 provides, in pertinent part: (1) Public bribery is the giving or offering to give, directly or indirectly, anything of apparent present or prospective value to any of the following persons, with the intent to influence his conduct in relation to his position, employment, or duty: (a) Public officer, public employee, or person in a position of public authority.
2

Supreme Court Rule XIX,

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