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The Louisiana State Bar Association has finally received an ethics complaint regarding allegations, many of which he has admitted, that Sen. David Vitter engaged in multiple instances of adulterous and criminal conduct. Charlie Melancon, who is challenging Sen. Vitter in Louisiana’s 2010 U.S. Senate race, notes his frustration with the lack of accountability Sen. Vitter has faced to date for this conduct as well as the hope that the complaint will force at least a minimal level of accountability:
…[W]hat David Vitter confessed to wasn’t just a "serious sin," it was likely a crime. And so far Vitter hasn’t been charged with anything. He’s still got his law license. He’s still a U.S. Senator.
A man’s sin is his own, and with this complaint Vitter may finally have to answer for his actions. Louisiana Politics: CREW, Vitter, Melancon, Jindal, Stephen Sabludowsky, September 30, 2009.
The complaint (with exhibits) was filed by Melanie Sloan, Executive Director of Citizens for Responsibility and Ethics in Washington (CREW), and charges that:
…Louisiana Rule of Professional Conduct 8.4(b) provides it is professional conduct for a lawyer to "commit a criminal act especially one that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects." By his own admission, Sen. Vitter solicited for prostitution in the District of Columbia – apparently on numerous violations – and the evidence strongly suggests he had a pattern of committing the same violations in Louisiana. Because soliciting prostitutes is a crime, Sen. Vitter clearly violated Rule 8.4(b). Sen. Vitter’s conduct is all the more egregious because he is an elected official, who has sworn an oath to uphold the law of the United States.
In the CREW press release, Ms. Sloan notes the preferential treatment Sen. Vitter has received so far in response to his admission of multiple criminal acts, especially when compared to the prostitutes employed by the same ‘madam’ from whom Sen. Vitter solicited prostitutes:
13 former prostitutes were forced to testify at the trial of the DC Madam, who committed suicide shortly after her conviction. Sloan noted that one, a former Navy supply officer and Naval Academy instructor, lost her job because the Navy requires those who serve “to adhere to a standard of conduct that reflects the Navy’s values of honor, courage and commitment.” Sloan said, “It is a shame the Senate has no such standard of conduct. It will be interesting to see what sort of standard the Louisiana Disciplinary Board chooses to apply.” [Emphasis supplied.]
It will, indeed, be interesting to see what standards the Disciplinary Counsel will choose to apply to the investigation of this complaint. In the meantime, it is interesting to review and understand the standards that the Disciplinary Counsel is mandated to apply:
The disciplinary counsel shall evaluate all information coming to his or her attention by complaint or from other sources alleging lawyer misconduct or incapacity. If the lawyer is not subject to the jurisdiction of the court, the matter shall be referred to the appropriate entity in any jurisdiction in which the lawyer is admitted. If the information, if true, would not constitute misconduct or incapacity, the matter shall be dismissed. If the lawyer is subject to the jurisdiction of the court and the information alleges facts which, if true, would constitute misconduct or incapacity, counsel shall conduct an investigation unless in the discretion of disciplinary counsel the matter qualifies for referral to the Practice Assistance and Improvement Program. [Emphasis supplied.] Section 11, Procedure for Disciplinary Proceedings, ¶A, Screening, Louisiana Rules for Lawyer Disciplinary Enforcement.
It is also critical to understand that, in addition to any legal and fact-based defenses that may be available to him, Sen. Vitter will continue to argue – loudly – that this complaint is just another example of political gamesmanship and that it should be summarily dismissed as such. Accordingly, this complaint is as likely, if not more likely, to be Roach Moteled – that is, it’s checked in to the Office of the Disciplinary Counsel but is never checked out – than it is to receive the proper attention and legitimate investigation it deserves.
Help this complaint get the attention it deserves by contacting the LADB, Office of Disciplinary Counsel and LSBA to respectfully demand that the Office of the Disciplinary Counsel fully comply with the Louisiana Rules for Lawyer Disciplinary Enforcement:
The Louisiana Attorney Disciplinary Board
2800 Veterans Memorial Boulevard, Suite 310
Metairie, LA 70002
Tel: (504) 834-1488 or (800) 489-8411
Fax: (504) 834-1449
Email: ladb@ladb.orgOffice of the Disciplinary Counsel
4000 S. Sherwood Forest Boulevard, Suite 607
Baton Rouge, LA 70816
Tel: (225) 293-3900 or (800) 326-8022
Fax: (225) 293-3300The Louisiana State Bar Association
Kim H. Boyle, President
365 Canal Street, Suite 2000
New Orleans, LA 70130-6534
Tel: (504) 566-1311
Direct line: (504) 679-5790
Fax: (504) 568-9130
Email: boylek@phelps.com
In what (I hope) is an encouraging sign that this investigation is, in fact, being taken seriously, the Louisiana Supreme Court visited my posts regarding the status of Sen. Vitter’s membership in the Louisiana State Bar Association the day after the complaint was filed.
Originally posted at The Grievance Project.
33 Comments
Thanks for letting us know about this promising development.
“…Louisiana Rule of Professional Conduct 8.4(b) provides it is professional conduct ….”
professional MISconduct?
(Sorry – my machine cannot underline, or cross through, in blog comments.)
Thanks from me, too. I’ve written to the Louisiana Bar powers-that-be as you suggest.
Years ago I prosecuted prostitutes for soliciting in the District of Columbia. It never seemed right to me and still does not that only the women were put through that mill. Some were so heart-achingly young.
In one case, however, we had a nice point of contract law: whether the question, ‘You datin’?’, constituted an offer. To testify that it was, I got my first-ever expert witness qualified. The court accepted my officer as an expert in the customs and practices of the street prostitution trade in the District of Columbia.
Anyone who can properly punctuate the quotation above, be my guest.
You and JimWhite are both welcome. And thanks for catching that typo. Unfortunately, I couldn’t select and copy that quote from the .pdf file so I had to type it in myself and missed that one. I hate typos but at least it makes a bit of a new lawyer joke.
And an extra thank you for a most excellent hooker story.
I used this post for my email to the LADB, cc’d to LSBA President Boyle:
I received this reply from Ms. Boyle:
I then forwarded the email to Ms. Colvin because this is judiciary emergency.
My email to Ms. Colvin:
Per her auto-reply, Ms. Boyle is scheduled to be back in her office today so I’m resending my email to her.
Here’s the email:
I’ll post any replies here – or here if/when comments here are closed.
Let us not forget the $100,000 earmark that David Vitter inserted for the benefit of Tony Perkin’s values voters group[Family Research Council]- to teach anti-evolution theory in schools.
This was right on the heels of Bordello Boy’s “exposure” in the NOLA prostitution escapades.
After MUCH outrage by MANY organizations,Vitter withdrew the amendment,but the arrogance of even attempting this ,speaks volumes;not to mention the fact that Tony Perkins,a former Louisiana politician,himself, purchased David Dukes KKK mailing list for $82,000 to use in Woody Jenkin’s campaign against Mary Landrieu.
Here’s some links:
Earmark Erased | Americans UnitedAnd even more importantly, Vitter’s earmark was being challenged by an … It was founded in 1999 by Tony Perkins, now head of the Family Research Council. …
http://www.au.org/media/church-and-st…..rased.html – Cached – Similar
Vitter shifts $100000 from religious group – Breaking News Updates …David Vitter, R-La., has backed off an attempt to steer $100000 in … Tony Perkins, who now serves as president of the Family Research …
blog.nola.com/times…/vitter_shifts_100000_from_relg.html – Cached – Similar
Louisiana Right Wing Watch has EXCEPTIONAL historic and updated info on Repube political shenanigans. This particular link is exceptional:
Louisiana | Right Wing WatchMay 21, 2008 … Tony Perkins, president of the socially conservative Family …. Vitter defended the earmark as an “important program” that “helps … Gene Mills, director of Louisiana Family Forum, said the $100000 earmark is “a bit of …
http://www.rightwingwatch.org/categor…..ana?page=1 – Cached – Similar
Great points and links, Gitcheegumee. The complaint CREW filed is definitely not exhaustive of Vitter’s sins, although in this forum the issue is whether he violated the Louisiana Rules of Professional Conduct.
The attorney Disciplinary Board in most states is a BRANCH of the Supreme Court thereof, since attorney licensing comes under the purview of the state’s Supreme Court.
Therefor, that visit to your blog was most likely by the staff of the Disciplinary Board itself. So, they know the Whole World’s Watching.
In Louisiana, the LA Sup. Ct. adopted the rules that established the LADB and the Office of Disciplinary Counsel so that’s my read on it, as well.
Thanks for the terrific work, Grievance Project. In neighboring TX, we are still working toward bringing Tom DeLay to justice, and while it’s taking a disgustingly long time, the courts haven’t totally violated their own legal system and with proper attention that may eventually work out to an actual occurrence of real justice.
I wish I could do more, Ruth, but work – especially lately – is requiring much more of my time and my clients pay the bills, not my blogging. And it would be especially ironic to violate my professional obligations to my clients by ignoring them in order to write about the ethical violations of other attorneys. What I need is a researcher/writer/blogmaster whose sole motivation (and pay) is the ’cause’ or a grant to pay for such a person.
Fortunately DeLay (and George W.) aren’t members of the the Texas bar, which already has enough issues to deal with: Harriet Miers. Alberto Gonzales. Texas Supreme Court. (Interesting side note: One of the Texas Supreme Court members being investigated by the Texas Bar Association is an on-again-off-again boyfriend of Harriet Miers. It’s a small, tangled web.) Sharon Keller.
Usually I would say it is stupid to make a money-for-sex case, reason to take a lawyer’s license away. Professional Misconduct should be based on a lawyer not properly representing his/her client in Court. Or taking money from a client that was not earned. Melanie wanted to put Eliot Spitzer in prison for 20 years for the same thing, that Diaper Dave did. Of course Eliot Spitzer was into prosecuting corrupt corporations. CREW does not even know corrupt corporations exist.
But Mr. Diapers is trying to destroy ACORN so whatever he gets he deserves. But Spitzer did not deserve the mistreatment from CREW. Hypocrisy is CREW’s middle name.
Melanie went on the Rachel Maddow Show and lied and slandered ACORN. That is another example of their double standard. CREW needs to apologize to ACORN. But Mr. Diapers should not worry too much. CREW is quite incompetent, for instance the Valerie Plame suit got tossed out of Court like used kitty litter.
The scope of conduct that could constitute professional misconduct is much broader than the examples you provide, but I generally agree with the sentiment that not all criminal violations are proper subjects for bar sanctions. Note how Rule 8.4(b)(2) itself recognizes the distinction because when it states that it is professional misconduct to “commit a criminal act especially one that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.” This is another reason this case is not a slam dunk in favor of sanctions. I try not to point out problems like this in a grievance that gets filed because I don’t want to do the work for Mr. Vitter’s counsel.
In their defense, CREW monitors government, not corporate, ethics and the Valerie Plame case was, legally speaking, a very difficult case to make which is why, temporally speaking, the case was litigated in the various courts over quite a few years.
On the other hand, both this complaint, as I noted above, and one that CREW filed against Michael Elston were very superficial in their scope. For example, they filed the Elston complaint in only one (1) of the four (4) states in which Mr. Elston is admitted to practice. Sloppy work at best. CREW’s not perfect, but at least they’ve filed something.
I like your style GrievanceProject. But most Corporate corruption during the Bushie years was aided and abetted by Bushie moles in Government agencies. I am sure many of these neo-con criminals are still there.
I was particularly appalled by the FDA and such issues as Bis-Phenol-A. There is another outstanding issue of this H1N1 vaccine, which contains Thimerosal, which is toxic. It is being given to children and pregnant women.
If I can get the energy, I want to do a Diary on Polio Vaccines in Africa. Hundreds of Nigerian children got polio and have been paralyzed FROM THIS TAINTED VACCINE. I think MERCK or one of three other companies makes it.
I wish CREW would realize corruption does not end at the DC Beltway. But again CREW needs to apologize to ACORN. ACORN is a great organization.
Thanks for the promo, jasonrosenbaum.
Mea culpa: I meant to do this when I responded to the other posts but I ADHD’d off to other things before I remembered.
Whether great or something other than great, I don’t agree with how CREW is scapegoating ACORN. From my perspective, though, exposing CREW’s warts won’t improve the chances that the complaint they filed will result in sanctions.
I must respectfully disagree. Melanie called ACORN names and said their actions were indefensible. What is also indefensible is attacking 8 decent Democrats as “corrupt”. I will keep shouting out about this. Those folks at CREW have a ton of money to fight real villains. And all I got is a Kompooter, but I know how to use it.
You had a post at GrievanceProject that CREW would not even answer your requests. Then you actually did work and they used your stuff and did not even give you credit. If that is not a correct description, you can tell the backstory.
Again I will keep repeating, I want CREW to DO THE RIGHT THING and stop trying to get invitations to Cokie Roberts Weenie parties.
My bottom line is that I want these attorneys sanctioned so I’ll have to leave CREW’s issues alone. But I’m not trying to discourage you at all, Frank, so please keep giving them hell.
As far as CREW using my ideas, it’s been awhile but I’d been sending them (and dozens of others) copies of all my posts, so who really knows? I’ve got a list of over 100 attorneys I’d gladly ghostwrite complaints for CREW to file and they could have all the attention and publicity it generates.
I made the same offer to Kevin Zeese who filed the complaints against Yoo, Bybee, etc., again without results. Their complaints sucked and needed a lot of help but I think they, too, were more interested in self-promotion than in getting results.
I would say THANK YOU!
FIREDOGS, GrievanceProject needs a researcher/writer/blogmaster. Any Volunteers?
This Vitter Story will escalate. So there will be lots more attention, and who knows? You might find somebody who wants to work long hours for low pay. There might be a few legal eagles around the FireDogLake. Marcy Wheeler or Christy Hardin Smith might know someone.
@18
Well,Frank,you do know that Cokie Roberts IS from Louisiana,Vitter’s home state.
The Boggs in the lobby firm Patton Boggs is Cokie’s brother.
And,their mother was Lindy Boggs from Louisiana who assumed her husband’s,Hale Bogg’s Congressional seat,after he died in an Alaskan plane crash many years ago,in 1972.
I didn’t know that.
There is a very interesting history on Hale Boggs. It’s one for the record books.
In addition to serving on the Warren Commission,he was Democratic Majority Whip during LBJ’s tenure.
His body was never found,neither were his plane mates,Nick Begich,or the pilot.
And for a further bit of arcania, guess who drove Boggs to the airport that day to board that fateful flight?
Drumroll please…a VERY young staffer named Bill Clinton.
Yup, I knew it and her husband is also a Village Idiot reporter. Cokie should be called “Concern Village Troll”. Cokie is no Helen Thomas. I actually have more respect for Michelle Malkin or Ann Coulter than for Cokie. They at least tell you what they think. Cokie and Sally Quinn are not honest, they are “stealth neo-cons”.
But Melanie is part of that group, trying to be one of the bipartisan “opinion makers” who always support wars and the corporations.
Let us note RawStory reprting on the “pimp” who tried to pimp ACORN. There is a war against ACORN. I do not think Melanie Sloan is racist. I will keep repeating, Melanie apologize to ACORN. MElanie we need you on our side to fight the New World Order… *crickets*
And speaking of Bill Clinton, it was many years later,during Clinton’s impeachment hearings that David Vitter’s predecessor,Bob Livingston resigend-for sexual pecadilloes of his VERY own.
A few words re: Livingston,worth noting:
On December 19, 1998, Livingston acknowledged these affairs, stepped down as Speaker-elect and announced he would resign from the House in May 1999. Livingston was succeeded by David Vitter.
Soon after retiring from public life he founded The Livingston Group – a lobbying firm founded by Bob Livingston in 1999 after he stepped down as Speaker of the United States House of Representatives and resigned his seat….
One of the group’s more important clients is the Republic of Turkey. The focus of this lobbying is on US relations as they pertain to international and historical issues affecting Turkey…(absolute astronomy.com)
Bob Livingston: Facts, Discussion Forum, and Encyclopedia ArticleIn the months before Livingston’s resignation, Larry Flynt … The Livingston Group is the lobbying firm founded by Bob Livingston in 1999 after he stepped …
http://www.absoluteastronomy.com/topics/Bob_Livingston – Cached – Similar
NOTE: It is beyond irony,imvho, that BOTH of these politicos have been “stung” in these sexcapades…one right after the other.
Interestingly enough, Livingston figures prominently in the Sibel Edmonds depositions -as does the use of prostitutes,by foreign entities, to compromise “susceptible” politicos.
I knew about the short-lived Bob Livingston speakership but didn’t realize just how interwoven all these players are, year after year. Even more reason to email support of the Vitter grievance just to demonstrate that people are watching the process.
Oh I need some legal advice. I posted this video a couple times Glenn Beck interviews Hannah Giles about the ACORN Video. So is “entrapment” a possible defense for ACORN.
I found this video this morning. Glenn Beck interviews Hanna Giles. Hannah? works for TownHall. It seems that Hanna had proposed the idea of entrapping ACORN to dumb alleged racist James O’Keefe. So it is not clear who was pimping who. Hanna is only 20, so young to wreck a career.
http://www.youtube.com/watch?v=pfxWAtY1pyY
http://townhall.com/columnists/HannahGiles
First, entrapment is a defense to a charged crime. In this case, ACORN hasn’t been (officially) charged with any crime, entrapment is not legally relevant. In addition, entrapment is only a legal defense when the ‘entrapping’ is done by or at the direction of law enforcement. Since these ‘journalists’ (I believe) were not working for any law enforcement agency but were freelancing, again entrapment is not legally relevant.
As a practical matter, though, you can still use the generaly theory of entrapment, i.e., I only committed that criminal/wrong act because you entrapped me, to argue that the ACORN employees were ‘entrapped’ and it’s just as wrong in a non-criminal matter as it is in a criminal matter.
CAVEAT: This legal ‘advice’ may be worth even less than what you paid for it.
Thanks. Did you notice Napolitano or whatever his name is, also giving legal advice. Yet he did not mention the entrapment. Your advice obviously is far better than the Fox Noise legal eagle
Thanks for compliment, Frank. Unfortunately, ‘Judge’ Napolitano isn’t the worst one on that network.