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05/09/03 "See News Release 034 for any dissents and/or concurrences

SUPREME COURT OF LOUISIANA NO. 03-B-0212 IN RE: RAY CHARLES HARRIS ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM
This disciplinary matter arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Ray Charles Harris, a currently suspended attorney.

FORMAL CHARGES On November 13, 2000, this court suspended respondent from the practice of law for a period of eighteen months. In re: Harris, 00-1825 (La. 11/13/00), 774 So. 2d 963 ("Harris I"). The formal charges in Harris I stemmed from respondent's representation of his client, Robert Haynes, in a criminal case. After Mr. Haynes was convicted, he retained respondent to represent him on appeal. Respondent advised Mr. Haynes that he would handle the appeal pro bono, provided that Mr. Haynes paid for the transcript of the criminal trial. In 1996 and 1997, respondent received a total of $1,100 from Mr. Haynes' mother, Patricia Haynes, to pay for the trial transcript. Respondent did not place these funds in a trust account, as required by the Louisiana Rules of Professional Conduct, nor did he complete Mr. Haynes' appeal. Consequently, after investigating the complaints filed by Mr. Haynes and his mother, the ODC filed formal charges in Harris I on November 21, 1997. The matter was scheduled for a hearing on the merits on July 22, 1998. Shortly before that hearing, respondent forwarded to Mr. Haynes and his mother correspondence threatening civil action if they testified against him in the disciplinary proceedings.

In defense of the formal charges relating to respondent's failure to place in trust the funds paid to him by Mrs. Haynes, respondent asserted that when he received each payment,1 he purchased a money order and placed it in Mr. Haynes' file for safekeeping. Respondent claimed at the hearing in Harris I that he had already returned Mrs. Haynes' money orders to her by certified mail; however, he introduced into evidence photocopies of seven blank, undated money orders, all of which he said he purchased in 1996 and 1997, at or about the same time each payment was made to him by Mrs. Haynes, from K&B Drugstores in the New Orleans area. The ODC subsequently discovered that all of these money orders had been purchased in 1998, not 1996 or 1997, and in fact, several were purchased on the day before the formal hearing was held in Harris I. Furthermore, the serial numbers on the six original money orders ultimately received by Mrs. Haynes did not match the serial numbers on the photocopies of the seven money orders produced by respondent at the hearing. Indeed, several of the money orders received by Mrs. Haynes were not purchased until after the July 22, 1998 hearing had been held. The ODC notified respondent of its findings, and thereafter the hearing committee reconvened on October 2, 1998. That morning, respondent filed a prehearing memorandum with attachments into the record of the Harris I proceeding. The attachments included a photocopy of an undated, handwritten document purporting to be a confession of Mary Harris Stirgus, respondent's sister, and a photocopy of a typewritten affidavit that was purportedly executed by Mrs. Stirgus on August 24, 1998. The affidavit was notarized by respondent and witnessed by

Respondent received funds from Mrs. Haynes on February 6, 1996 ($500); June 6, 1996 ($250); November 8, 1996 ($100); February 4, 1997 ($100); February 6, 1997 ($50); and February 8, 1997 ($100). 2

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"Douglas C. Jones" and "Triva Garret."2 Together, these documents purported to represent an admission by Mrs. Stirgus that she converted to her own use the original Haynes money orders respondent purchased in 1996 and 1997 and that she later purchased replacement money orders. The ODC objected to the introduction of the documents on hearsay grounds, and noted that respondent did not have in his possession the original of either the handwritten confession or the affidavit. It was at this point that respondent disclosed that Mrs. Stirgus had died on August 27, 1998, just three days after she allegedly executed the affidavit. The hearing committee sustained the ODC's objection to the introduction of the documents attached to respondent's pre-hearing memorandum but nevertheless agreed to consider the memorandum itself. In the memorandum, respondent explained in great detail the alleged confession made to him by Mrs. Stirgus, and he specifically stated that Mrs. Stirgus worked as a secretary in his law office; that she was the one responsible for having stolen the money orders out of the Haynes file; and that she was present in his office on various occasions between the initial hearing on July 22, 1998 through the middle of August 1998. Harris I made its way from the hearing committee to the disciplinary board, then ultimately to this court. All of the facts regarding respondent's representation of Mr. Haynes in the criminal case, as well as the facts pertaining to respondent's conduct after the filing of formal charges, were brought to our attention in that matter. After consideration, we determined that respondent's post-formal charge conduct should be treated as separate and distinct misconduct in a subsequent disciplinary proceeding: Under the circumstances of this case, and in consideration of the interests of justice and due process, we believe this
The name "Triva Garret" is typed beneath the witness' signature. In fact, as is discussed in greater detail elsewhere in this opinion, the correct spelling of the witness' name is Trivia Garrett. 3
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misconduct should be alleged by separate formal charges. We recognize that the ODC could not have anticipated respondent's actions at the time it filed the formal charges. After the ODC concluded respondent made misrepresentations during the original hearing before the committee, it made an effort to inform respondent by letter that it would present these allegations when the hearing was reopened. Nonetheless, we find the ODC's letter is not an adequate substitute for the filing of formal charges pursuant to Supreme Court Rule XIX,

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