November 2007
Featured Disciplinary Case
Topic
Knowingly assisting a judge in violating judicial ethics rules and campaign finance laws is conduct that is prejudicial to the administration of justice warranting substantial discipline.
Summary
In re Walter J. LeBlanc, Jr. ___ So.2d ___, 2007 WL 4171106 (Lou. Nov. 27, 2007). LeBlanc represented the plaintiff in a Jones Act case filed with the Judicial District Court for the Parish of Jefferson. Following a bench trial, the Honorable Alan Green awarded the plaintiff $1.5 million in damages. Later, Judge Green telephoned LeBlanc several times to request that the lawyer make a contribution to the campaign of the judge’s niece, Jalila Jefferson, who was then running for a seat in the Louisiana House of Representatives. Jalila Jefferson, a Harvard Law School graduate, is the daughter of United States Representative William Jefferson, who is married to Judge Green's sister. Congressman Jefferson, also a Harvard Law School graduate, gained some degree of notoriety in 2006 after FBI agents found $90,000 in cash in a freezer in his Washington home. The money was part of a $100,000 payment that had allegedly been delivered to the Congressman by an informant in a federal bribery investigation. Just days before the statehouse election, LeBlanc traveled to Judge Green’s chambers and gave the jurist an envelope containing $800 in cash, which LeBlanc intended as a contribution to Jalila Jefferson’s campaign. The exchange of cash, as well as the conversation between LeBlanc and Judge Green, was serendipitously captured on videotape by the FBI in the course of its surveillance of the judge’s chambers. The colloquy between the two men went as follows:
LeBlanc: Uhm, eight hundred, alright.
Judge Green: Alright.
LeBlanc: Uh and I haven't talked to Phil [referring to LeBlanc's law partner]. Phil is in Disneyland coming back today and I'll have more for you.
Judge Green: Okay. Well election's Saturday.
LeBlanc: Oh it's this Saturday?
Judge Green: Yeah…Yeah yeah so hopefully things go well.
LeBlanc: Yeah.
Judge Green: I won't be here but I'll be you know I'll be checking it on TV and on the phones.
LeBlanc: (Unintelligible)
Judge Green: Yeah sometimes I worry because a lot of folks don't realize you know that I'm very restricted as to what I can do.
LeBlanc: (Unintelligible)
Judge Green: Yeah I had to explain that to my son you know uh because he's doing a lot of campaign work for her and uh now he understands. And her father understands that's why he just made a little personal call to me and I've gotten some good response from some folks so at least you know she'll know we were able to help her out a little bit. Appreciate [it] man.
After a later request by Green, LeBlanc made another contribution to Jalila Jefferson's campaign during a subsequent runoff election. This $1,000 contribution was made in the form of a check drawn on LeBlanc's law firm Following a federal investigation known as Operation Wrinkled Robe, Green was convicted on one count of mail fraud stemming from his handling of political contributions from a bail bonds company. The LeBlanc-Green videotape was prominently featured at the Judge’s trial. Green was subsequently sentenced to serve fifty-one months in prison, resigned from judicial office, and was permanently disbarred.
See In Green, 913 So. 2d 113 (La. August 23, 2005) and
In re Green, 920 So.2d 861 (La. February 8, 2006). Following an investigation, the Office of Disciplinary Counsel (ODC) lodged formal charges against LeBlanc, alleging that he engaged in conduct prejudicial to the administration of justice and that he knowingly assisted a judge in conduct that violated applicable Louisiana Rules of Judicial Conduct and the Louisiana campaign finance laws, which at the time provided that no cash contribution over $100 could be made to a candidate. LeBlanc answered the formal charges and generally admitted the factual allegations, but argued that there was no quid pro quo between the Jones Act award and the campaign contribution. He noted that Green's request for a campaign contribution was made more than six months after the entry of judgment in the case. LeBlanc admitted that, in retrospect, he should not have assisted Green in conduct that violated the Code of Judicial Conduct. He stated that he “was not mindful of the prohibition” at the time he made the campaign contribution and maintained that his “lapse was unintentional and in no way consciously made.” After considering the evidence and testimony presented at the hearing, a hearing committee rejected LeBlanc's contention that his misconduct was negligent. The panel found that LeBlanc not only should have known that his actions were wrong, but clearly did know they were wrong at the time that he made the cash payment. Under these circumstances, two members of the committee recommended that LeBlanc be suspended from the practice of law for one year, with six months deferred. A third member of the committee recommended that LeBlanc be suspended for one year. LeBlanc filed an objection to the report and recommendation, arguing that the committee erred in finding his misconduct was knowing. He asserted that the sanction for negligent misconduct should be a public reprimand or, at most, a fully deferred suspension. The ODC argued that a suspension of one year and one day, which would necessitate LeBlanc's filing an application for reinstatement, was more appropriate for the knowing misconduct at issue. The ODC suggested that LeBlanc's behavior was largely motivated by a desire to keep Judge Green happy and to nourish an ongoing friendship and personal relationship, particularly in light of the fact that the judge had recently ruled in favor of LeBlanc's client with a substantial verdict in a case that had substantial merit. The Louisiana Disciplinary Board adopted the committee's finding that the misconduct was knowing. Further, the Board recommended that LeBlanc be suspended for one year, with six months deferred. Four board members dissented, one in favor of a public reprimand and three in favor of a suspension of at least one year and one day. Both LeBlanc and the ODC filed objections to the disciplinary board's recommendation. The Louisiana Supreme Court opted for a more onerous sanction than that recommended by the Board majority, essentially holding that the nature of the wrongdoing demanded that LeBlanc establish his fitness to practice law if he ever chooses to practice law again. Although the Court majority did not analyze the basis for its decision in any detail, the Court concluded that LeBlanc knowingly assisted Judge Green in conduct that violated the applicable Rules of Judicial Conduct and the campaign finance laws and was clearly prejudicial to the administration of justice.
As an aside, Jalila Jefferson, now know as Jalila Jefferson-Bullock, was elected the State Representative for the 91st District. She serves on the Appropriations and House and Governmental Affairs Committees.
