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02/12/2010 "See News Release 012 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 09-B-2354 IN RE: DARRYL JACKSON

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM*
This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Darryl Jackson, an attorney licensed to practice law in Louisiana but currently on interim suspension based on his conviction of a serious crime. In re: Jackson, 06-2745 (La. 12/6/06), 943 So. 2d 371.

PRIOR DISCIPLINARY HISTORY Before we address the current charges, we find it helpful to review respondent's prior disciplinary history. Respondent was admitted to the practice of law in Louisiana in 1990. In May 1999, he received an admonition for failing to inform a client to seek independent counsel regarding his possible malpractice and acceptance of a nuisance value settlement after he failed to timely file her lawsuit. In April 2003, this court suspended respondent from the practice of law for six months, with three months deferred, followed by one year of probation with the condition that he complete the Louisiana State Bar Association's Ethics School, after he failed to timely file a client's lawsuit and failed to keep the client informed of the status of his case. In re: Jackson, 02-2764 (La. 4/9/03), 842 So. 2d 359. As stated above, respondent is currently on interim suspension based on his conviction of a serious crime, which misconduct is at issue in the present proceeding.

* Chief Justice Kimball not participating in the opinion.

UNDERLYING FACTS As an Assistant City Attorney for the City of New Orleans assigned to traffic court, respondent's duties included prosecuting DWI (driving while intoxicated) cases. Nevertheless, in November 2001, respondent accepted $500 to represent a criminal client charged with DWI in traffic court.1 Prior to the client's arraignment and in his capacity as an Assistant City Attorney, respondent entered a nolle prosequi in the case, effectively dismissing the charges against his client. Based on these facts, respondent was indicted by an Orleans Parish grand jury on one count of malfeasance in office, a felony, in violation of La. R.S. 14:134. The indictment alleged that, while respondent was employed as an Assistant City Attorney for the City of New Orleans, he offered to assist in the fixing of tickets and fixed tickets in traffic court in exchange for compensation.2 On August 23, 2006, respondent waived his right to a jury trial and was tried before Judge Arthur Hunter, who found respondent guilty as charged. On May 25, 2007, Judge Hunter sentenced respondent to serve eighteen months in prison. Judge Hunter suspended the sentence, placed respondent on probation for eighteen months, and imposed various fines and fees. On June 18, 2008, the Louisiana Fourth Circuit

A breathalyzer test was administered on the client following his involvement in an automobile accident. The result of the breathalyzer test was .119, which was over the legal limit for intoxication. Respondent did not testify at his criminal trial. However, at the formal hearing of this matter, respondent testified as follows: . . . I wanted to state why I dismissed [the DWI case]. You know, I dismissed it. But I've never told any tribunal, but this one, that. Did I take any money is the crime? I say all that to say a City Attorney can do whatever they want to with a case, at any time. Pure and simple. Yeah, I dismissed it. It was my church member. Did I take $500.00 for it? No. It's never been proven. The NOPD said that they had no proof of that.
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* Chief Justice Kimball not participating in the2opinion.

Court of Appeal affirmed respondent's conviction and sentence. State v. Jackson, 071343 (La. App. 4 Cir. 6/18/08), 987 So. 2d 851. Respondent filed a motion to expunge his criminal record, which was set for hearing on October 22, 2008. The record is unclear as to whether the motion was granted.

DISCIPLINARY PROCEEDINGS In February 2007, the ODC filed one count of formal charges against respondent, alleging that his conduct violated Rule 8.4(b) (commission of a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer) of the Rules of Professional Conduct. Respondent answered the formal charges, arguing that the trial court "erred egregiously" in finding him guilty.

Hearing Committee Report This matter proceeded to a formal hearing, conducted by the hearing committee on October 21, 2008.

After reviewing the testimony and the evidence presented at the hearing, the hearing committee made the following factual findings: Respondent was convicted of the crime of malfeasance in office. While employed as an Assistant City Attorney for the City of New Orleans, respondent offered to and did dismiss one traffic ticket in traffic court, in return for compensation. He was sentenced to eighteen months in prison, which sentence was suspended, and he was placed on probation for eighteen months. He was also required to pay a

* Chief Justice Kimball not participating in the3opinion.

$1,000 fine. The Louisiana Fourth Circuit Court of Appeal affirmed respondent's conviction and sentence. Based on these facts, the committee determined that respondent violated Rule 8.4 of the Rules of Professional Conduct. The committee further found that La. R.S. 14:134 is a felony and a "serious crime" as defined in Supreme Court Rule XIX,

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