RULES OF THE SUPREME COURT OF LOUISIANA

PART M. ACCESS TO JUDICIAL AND LAWYER DISCIPLINARY INFORMATION.

RULE XXXVIII. ACCESS TO LAWYER DISCIPLINARY INFORMATION WHEN CONSIDERING THE APPOINTMENT OF ATTORNEYS


The Supreme Court of Louisiana has exclusive and plenary power to define and regulate all facets of the practice of law, including the admission of attorneys to the Bar. Bester v. Supreme Court Committee on Bar Admissions, 2000-1360 (La. 2/21/01), 779 So.2d 1360; Succession of Wallace, 574 So.2d 348 (La. 1991). The Court has exclusive constitutional authority to appoint qualified persons, including attorneys, to fill judicial vacancies. 1974 La. Const., Art. V, Section 22(B). The Supreme Court of Louisiana also has exclusive constitutional authority to “provide by rule for appointments of attorneys as temporary or ad hoc judges of city, municipal, traffic, parish, juvenile, or family courts.” 1974 La. Const., Art. V, §5(A).


In order to protect the public, the Supreme Court of Louisiana has a compelling interest in appointing, or allowing other courts to appoint, as pro tempore or ad hoc judges, attorneys who are not burdened by significant disciplinary impediments. Furthermore, the Court has a compelling interest in appointing to committees, or assigning to court-related work, attorneys who are not burdened by significant disciplinary impediments. In furtherance of protecting the public interest, the following Rule is adopted.


Upon request of the Court, Chief Disciplinary Counsel shall provide the Judicial Administrator, the Chief Deputy Judicial Administrator, or the Deputy Judicial Administrator/General Counsel with pertinent lawyer discipline documents and information. The aforementioned officials may then provide the information to the Court for the limited purpose of allowing the Court to assess the suitability of attorneys for appointment as a judge ad hoc or pro tempore, for appointment to court committees, or for performing other court-related work.


Information that is provided pursuant to this Rule shall be excepted from the confidentiality provisions of Louisiana Supreme Court Rule XIX, Section 16.

Information that is provided pursuant to this Rule shall remain confidential within the Court.

[enacted effective January 17, 2008]