In Re Babineaux, 943 So. 2d 1028 (La. 2006). · Go Syfert
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In Re Babineaux, 943 So. 2d 1028 (La. 2006). Cases Citing This Book View Copy Cite
111 citation events (101 in the last 25 years) across 6 distinct courts.
Strongest positive: David Lepine, Jr. and Cayden Lepine v. State of Louisiana, Department of Wildlife and Fisheries, John Doe Company and Xyz Insurance Company (lactapp, 2022-10-05)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) David Lepine, Jr. and Cayden Lepine v. State of Louisiana, Department of Wildlife and Fisheries, John Doe Company and Xyz Insurance Company
La. Ct. App. · 2022 · confidence medium
“Provisions designed to secure order, system, and dispatch by guiding the discharge of duties are usually construed as directory even if worded in 6 the imperative.” Id. (citing Marks, 06-0575, p. 11, 943 So.2d at 1035).
cited Cited as authority (rule) Side by Side Redevelopment, Inc. v. Ronald Magee and/or His Succession; Gwendolyn M. Esteen and/or Her Succession; & Adam Salup and/or His Succession
La. Ct. App. · 2021 · confidence medium
Id., 06-0575, p. 11, 943 So.2d at 1035.
cited Cited as authority (rule) Christopher T. Stow-Serge v. Side by Side Redevelopment, Inc., 2320 Delachaise Inc., and Maritime Expert Services LLC
La. Ct. App. · 2020 · confidence medium
Id., 06-0575, p. 11, 943 So.2d at 1035.
discussed Cited as authority (rule) Pamela Dallas v. Shelby County Board of Education
Tenn. Ct. App. · 2019 · confidence medium
Singer, Sutherland Statutes and Statutory Construction § 57:8 (7th ed. 2008) (“the lack of stated consequences for noncompliance leads to a directory construction”); Marks v. New Orleans Police Dep’t., 943 So.2d 1028, 1035 (La. 2006) (“Generally, statutes using mandatory language prescribe the result to follow (a penalty) if the required action is not taken.
discussed Cited as authority (rule) Emory v. Memphis City Schools Board of Education (2×) also: Cited "see, e.g."
Tenn. · 2017 · confidence medium
Singer, Sutherland Statutes and Statutory Construction § 57:8 (7th ed. 2008) ("the lack of stated consequences for noncompliance leads to a directory construction”); Marks v. New Orleans Police Dep't., 943 So.2d 1028, 1035 (La. 2006) ("Generally, statutes using mandatory language prescribe the result to follow (a penally) if the required action is not taken.
discussed Cited as authority (rule) Rogelynn Emory v. Memphis City Schools Board of Education, Now Known As Shelby County Board Of Education (2×) also: Cited "see, e.g."
Tenn. · 2017 · confidence medium
Singer, Sutherland Statutes and Statutory Construction § 57:8 (7th ed. 2008) (“the lack of stated consequences for noncompliance leads to a directory construction”); Marks v. New Orleans Police Dep’t., 943 So. 2d 1028, 1035 (La. 2006) (“Generally, statutes using mandatory language prescribe the result to follow (a penalty) if the required action is not taken.
discussed Cited as authority (rule) Rogelynn Emory v. Memphis City Schools Board of Education, Now Known As Shelby County Board Of Education (2×) also: Cited "see, e.g."
Tenn. · 2017 · confidence medium
Singer, Sutherland Statutes and Statutory Construction § 57:8 (7th ed. 2008) (“the lack of stated consequences for noncompliance leads to a directory construction”); Marks v. New Orleans Police Dep’t., 943 So. 2d 1028, 1035 (La. 2006) (“Generally, statutes using mandatory language prescribe the result to follow (a penalty) if the required action is not taken.
discussed Cited as authority (rule) Eddy Oliver, Oscarlene Nixon, and Mildred Goodwin v. Orleans Parish School Board (2×)
La. · 2014 · confidence medium
We found that while a delay beyond the statutory period which unfairly prejudices the officer may implicate the due process clause, here there was no showing of prejudice and thus no due process violation. 943 So.2d at 1036, n. 7 . .
discussed Cited as authority (rule) Mike Gines v. D.R. Horton, Incorporated (2×)
5th Cir. · 2012 · confidence medium
Maries concerned a police officer who was suspended and terminated for misconduct after a sixty-day statutory period for conducting an investigation had lapsed. 943 So.2d at 1030.
cited Cited "see" Miller v. City of Gonzales
La. Ct. App. · 2016 · signal: see · confidence high
See Marks, 943 So.2d at 1036 .
discussed Cited "see" Carter v. Department of Police (2×)
La. Ct. App. · 2009 · signal: see · confidence high
See Davis v. New Orleans Police Dept., 04-1023 (La.App. 4 Cir. 2/2/05) , 899 So.2d 37 (60 day investigatory period mandatory unless extension requested), abrogated by Marks v. New Orleans Police Dept., 06-0575 (La.11/29/06), 943 So.2d 1028 (language in La.
discussed Cited "see" Aubert v. Department of Police
La. Ct. App. · 2009 · signal: see · confidence high
See Marks v. New Orleans Police Dept., 06-0575 (La.11/29/06), 943 So.2d 1028 (wherein Justice Wiemer discusses the parameters of due process and legislatively created governance of civil servants, particularly law enforcement personnel).
cited Cited "see" Opinion Number
La. Att'y Gen. · 2007 · signal: see · confidence high
See Marks , supra , at footnote 8.
discussed Cited "see" Jordan v. Knox County
Tenn. · 2007 · signal: see · confidence high
See Marks v. New Orleans Police Dep’t, 943 So.2d 1028, 1035 (La.2006) (“If the terms of the statute are limited to what is required to be done, i.e., procedural rules, then the statute is considered directory even though mandatory language is employed.”). 12 When there is a vote of the people, the presumption of favorability must prevail.
Retrieving the full opinion text from the archive…
In re Lawrence BABINEAUX.
2005-B-1257.
Supreme Court of Louisiana.
Nov 29, 2006.
943 So. 2d 1028
Per Curiam.
Cited by 1 opinion  |  Published

ATTORNEY DISCIPLINARY PROCEEDINGS

PER CURIAM.

The Office of Disciplinary Counsel ("ODC") commenced an investigation into allegations that respondent failed to provide competent representation to a client, failed to communicate with a client, engaged in a conflict of interest, failed to protect the client's interests upon termination of the representation, failed to exercise independent professional judgment in advising a client, and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation. After the filing of formal charges, respondent and the ODC submitted a joint petition for consent discipline. Having reviewed the petition for consent discipline,

IT IS ORDERED that Lawrence Babineaux, Louisiana Bar Roll number 18771, be and he hereby is suspended from the practice of law for a period of one year and one day, with all but ninety days deferred.

IT IS FURTHER ORDERED that respondent shall enroll in and attend the Ethics School program offered by the Louisiana State Bar Association's Practice Assistance and Improvement Committee.

IT IS FURTHER ORDERED that all costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, § 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.