Miss. Bar v. Dorhauer


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Docket Number: 2009-BD-00671-SCT

Supreme Court: Opinion Link
Opinion Date: 11-12-2009
Opinion Author: Kitchens, J.
Holding: Douglas C. Dorhauer is hereby permanently disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of permanent disbarment in this cause.

Additional Case Information: Topic: Bar discipline - Reciprocal discipline - Miss.R.Disc. 13 - Miss.R.Disc. 6
Judge(s) Concurring: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ.
Nature of the Case: CIVIL - BAR MATTERS

  Party Name: Attorney Name:  
Appellant: THE MISSISSIPPI BAR








 

Appellee: DOUGLAS CHARLES DORHAUER  

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Topic: Bar discipline - Reciprocal discipline - Miss.R.Disc. 13 - Miss.R.Disc. 6

Summary of the Facts: The Mississippi Bar filed a formal complaint pursuant to Rule 13 of the Rules of Discipline for the Mississippi State Bar, seeking disbarment of attorney Douglas C. Dorhauer for conduct related to his felony conviction and subsequent permanent disbarment from the Louisiana State Bar.

Summary of Opinion Analysis: Dorhauer pled guilty to inciting a felony. Following Dorhauer’s conviction, he was sentenced to serve two years in prison, deferred, and he was placed on two years of active supervised probation. As a special condition of supervised probation, Dorhauer was also required to preform 100 hours of community service and pay $2,163.07 in restitution. Dorhauer filed an answer to the Bar's complaint and admitted pleading guilty to inciting a felony in Louisiana, but maintains his innocence. However, he offers no evidence in support of his allegations. The Supreme Court of Louisiana’s decree, which is attached to the Bar’s complaint, constitutes “conclusive evidence of the guilt of the offense or unprofessional conduct pursuant to Miss.R.Disc. 13. Absent extraordinary circumstances, the Court applies the doctrine of reciprocity, where the sanction imposed generally reflects the sanction imposed in the referring jurisdiction. While Dorhauer offers several mitigating factors for consideration, he cites no extraordinary circumstances which compel, justify or support variance from Louisiana’s sanction. Also, Rule 6 of the Rules of Discipline provides for disbarment following a plea of guilty to any felony in any state or federal court. Dorhauer’s guilty plea for inciting a felony requires disbarment.


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