In re Mire

In re Mire

Opinion

 [*657]  [Pg 1] ATTORNEY DISCIPLINARY PROCEEDING

PER CURIAM

This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Christine M. Mire, an attorney licensed to practice law in Louisiana.

UNDERLYING FACTS

Count I — The Keaty Matter

By way of background, Judge Phyllis Keaty presided over family law matters in the 15th Judicial District Court during the time in question.¹ Respondent regularly practiced family law in the 15th JDC at this time.²

In one such case, McNabb v. McNabb, respondent represented Stanford McNabb. Against respondent's advice, Mr. McNabb filed a pro se motion to recuse Judge Keaty on grounds of bias and incompetence. On September 15, 2009, Judge Keaty recused herself in the McNabb matter, but did not assign reasons for her recusal.

Meanwhile, respondent had several other family law matters pending before Judge [**2]  Keaty, including Hunter v. Hunter. In that matter, respondent represented [Pg 2] Kenneth Hunter in a child custody, visitation, and support proceeding involving his former wife, Cheri Coussan Hunter. In a hearing on July 20, 2009, Judge Keaty made a disclosure on the record regarding the extent of the  [*658]  relationship between herself and her family and Ms. Coussan and her family. Respondent and opposing counsel both stated that there were no objections to Judge Keaty's disclosure, and the hearing proceeded.

Mr. Hunter subsequently became concerned that Judge Keaty was biased in favor of his former wife. In addition, respondent discovered additional connections between Judge Keaty's family and the Coussan family which she felt made Judge Keaty's earlier disclosure inadequate. Therefore, Mr. Hunter instructed respondent to file a motion to recuse Judge Keaty. In a chambers conference on September 17, 2009, respondent, at the request of her client, presented Judge Keaty with a motion to recuse. The motion alleged three grounds for recusal: (1) Judge Keaty failed to fully disclose the extent of the relationship between herself and her family and Ms. Coussan and her family; (2) Judge Keaty indicated [**3]  that she would not follow the law regardless of the evidence presented at trial [relating to the use of Worksheet "B" in shared custody arrangements]; and (3) the manner in which the case had been handled, the rulings made, and the deference given to Ms. Coussan over Mr. Hunter all manifested a bias or prejudice toward Ms. Coussan.

During the chambers conference, Judge Keaty was insistent that the parties and Mr. Hunter's prior attorney were fully aware of the circumstances of her relationship with the Coussan family, as she stated that she made those disclosures in earlier proceedings. Judge Keaty took the motion to recuse under advisement and stayed the proceedings.

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