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Pascal F. Calogero, Jr.:Chief Justice

The Father of Lawyer Regulation

ighteen years ago, two momentous events occurred, each of which would prove instrumental to the improvement and vitality of the Louisiana legal pro-

fession and to the system of justice in Louisiana.

EBy Charles B. Plattsmier

Chief Disciplinary Counsel

The first event was when the Supreme Court created the Louisiana Attorney Disciplinary Board, effective April 1, 1990. Louisiana then became the first state in the nation to adopt the American Bar Association’s Model Rule for Lawyer Disciplin-ary Enforcement. A stunningly new approach to the regulation of the legal profession, the adoption of Supreme Court Rule 19 embraced a bold balance of protection of the public and consider-able due process for the practitioner facing disciplinary action. Non-lawyer participation, public disciplinary hearings, a system of complainant appeals and the separation of the adjudicative and prosecutorial functions reflected what was then a radical departure from regulatory systems of the past. As with anything new and different, the change was viewed with a wary eye by members of the public and lawyers alike. Whether this extraordinary step would prove successful depended upon a court determined to nurture the new system to reach its full potential.

The second event occurred eight days later, April 9, 1990, when Justice Pascal F. Calogero, Jr. became Chief Justice of the Louisiana Supreme Court. From the outset, Chief Justice Calogero deter-mined that a quality, functioning judicial system must rely upon lawyers who, as officers of the court, were held to high standards, and who courts and the citizens of Louisiana could trust and rely

upon. A “firm but fair” system of lawyer regulation and discipline was critical to achieve and maintain that goal. Over the next 18 years, Chief Justice Calogero supported, nurtured and encouraged that new system — defending it against critics and reforming the system when it failed to meet his high expectations. He defended increased funding for the disciplinary system when it was not popular to do so. When changes to the regulatory system were needed, Chief Justice Calogero saw to it that they were considered by the court in a deliberative fashion and implemented when they made sense, made the system better and were fair.

In its 18-year history, the Office of Disciplinary Counsel (ODC) has received more than 50,000 written complaints of lawyer mis-conduct. Of those, ODC has opened for investigation more than 34,000 of them; more than 3,000 more were sent to the Louisiana State Bar Association (LSBA) for diversion or relational referral handling to its Practice Assistance and Improvement Committee. For the balance, the ODC has corresponded with every person whose complaint was not appropriate for disciplinary action. During the past 12 years, the ODC has focused primarily on the most serious of disciplinary infractions with nearly 40 percent of the prosecutions resulting in disbarment, permanent disbarment or permanent resignation in lieu of discipline. Because the filing

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Pascal F. Calogero, Jr.of an ethical charge of misconduct is so grave, the ODC carefully weighs doing so and then files only when the evidence supports such action. In the past 12 years, the ODC has achieved a 96 percent success rate in its prosecution efforts.

Chief Justice Calogero and his fellow justices have recognized that focusing only on the regulation and discipline of lawyers left out other important areas. Exercising greater scrutiny of the character and fitness of those seeking admission to the Bar on the front end could reasonably correlate to lower ethical infractions once new lawyers were admitted. Chief Justice Calogero worked with the Committee on Bar Ad-missions to implement a state-of-the-art screening process through the National Conference of Bar Examiners which gath-ers substantial background information on rising law students and then verifies the accuracy of the information they provide. The result has been a vetting process that assures that only those with the necessary character and fitness befitting a lawyer are given the privilege of practicing law in Louisiana.

Once admitted, the court realized that only through ongoing educational efforts can a licensed lawyer maintain the com-petence to recognize the dizzying array of legal issues in this complex 21st century and stand ready to address client needs. Chief Justice Calogero and his fellow justices embraced the Mandatory Continu-ing Legal Education Committee, charging it with raising the bar of CLE offerings around the state and encouraging afford-able opportunities to meet the educational needs of the Bar membership.

Chief Justice Calogero has recognized the value attached to, and been a proponent of, the historical partnership between the Louisiana Supreme Court and the LSBA. Whether embracing the valuable input of its many committees, the policy perspectives of the House of Delegates, the administra-tive guidance of the Board of Governors, or the sage advice of Bar leadership and staff, Chief Justice Calogero has consid-ered the Bar an ally in his dedication to an ever-improving system of justice in Louisiana.

As a jurist, Chief Justice Calogero has left his imprint upon the Supreme Court and the system of justice in Louisiana for 36

years. His place in the history of Louisiana is firmly planted and rests upon a record of unparalleled dedication and achievement. As many on his staff have oft repeated, “He lives for the job.” The job he has done will live on through the countless institutional reforms he has crafted, implemented and supported.

The late Chief Justice John Dixon may well have been the physician who, in 1990, assisted in the birth of the new lawyer regu-lation system in Louisiana, now known as Rule 19. But beyond question, for the last 18 years, Chief Justice Calogero has been the father of lawyer regulation in Louisiana. It is perhaps fitting that his service on the court ends when the Louisiana Attorney Disciplinary Board reaches age 18 — the age of maturity.

It has been said that the contributions of a person often go unrecognized until they are viewed through the prism of historical perspective, sometimes many years later. Chief Justice Calogero is in no danger of suffering that fate. His accomplishments are real; his legacy is now, the present;

and his contributions are too concrete to escape notice.

As your chief disciplinary counsel, and on behalf of all Louisiana lawyers, we thank you for your wisdom, your contributions, your patience and your friendship.

Charles B. Plattsmier has served as Louisiana’s chief disciplinary counsel since 1996. He received his law degree from Louisiana State University Paul M. Hebert Law Center in 1978 and entered the private practice of law the same year as a partner in the firm of Hunter & Plattsmier in Morgan City. In 1992, he founded Charles B. Plattsmier, Ltd., operating offices in Morgan City and Baton Rouge. He has served the disciplinary agency as a hearing committee lawyer member, a hearing committee chair and a Disciplinary Board member. He served in the Louisiana State Bar As-sociation’s House of Delegates from 1983-95. He is a member of the American, Louisiana, St. Mary Parish (past president), East Baton Rouge, Federal and 5th Circuit Court of Appeal bar associations. (Ste. 607, 4000 S. Sherwood Forest Blvd., Baton Rouge, LA 70816)

Justices of the Louisiana Supreme Court in 1979. Seated from left, Albert Tate, Jr., Chief Justice Frank W. Summers and John A. Dixon, Jr. Standing from left, James L. Dennis, Pascal F. Calogero, Jr., Walter F. Marcus, Jr. and Fred A. Blanche, Jr. Reproduced with permission of the Louisiana Supreme Court.

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