ATTORNEY FOR COMPLAINANT: MELISSA SELMAN SCOTT
ATTORNEYS FOR RESPONDENT: ANDREW J. KILPATRICK, JR. KRISTEN
The Mississippi Bar filed a formal complaint against Sean P.
Mount seeking reciprocal discipline after the Supreme Court
of Louisiana suspended Mount from practicing law for one year
and one day, with the entire suspension deferred. The Bar
requests that this Court appropriately discipline Mount, but
it does not recommend the imposition of any specific
AND PROCEDURAL HISTORY
Sean P. Mount is a resident of Louisiana and has been a
member of the Louisiana Bar since 2001 and the Mississippi
Bar since 2004. At approximately 1:30 a.m. on January 26,
2017, a New Orleans police officer observed Mount driving the
wrong direction on a one-way street. The officer arrested
Mount and charged him with operating a vehicle while
intoxicated (first offense) and violating "La. Rev.
Stat. § 32:72 (driving on roadway landed for
traffic)." Mount pleaded guilty to the misdemeanor DWI
offense on March 14, 2018.
The Office of Disciplinary Counsel (ODC) for the Louisiana
Attorney Disciplinary Board opened an investigation into
Mount's arrest and plea. Mount cooperated with the
investigation and listed two prior DWI arrests that had
occurred approximately eighteen and twenty-four years before.
These arrests occurred before Mount became an attorney. As
part of the investigation, Mount agreed to undergo a
substance-use disorder evaluation and voluntarily entered
into a two-year diagnostic-monitoring agreement with the
Judges and Lawyers Assistance Program (JLAP) on July 23,
2018. A report based on the evaluation classified Mount's
intoxication the night of his arrest as "an isolated
case of excessive drinking" and "did not recommend
formal treatment." The evaluators did recommend that
Mount be monitored for two years.
Before formal charges were filed, Mount and the ODC submitted
a joint petition for consent discipline under Louisiana
Supreme Court Rule XIX, Section 20. The parties stipulated
that Mount had violated Rule 8.4(b) of the Louisiana Rules of
Professional Conduct, which prohibits committing a criminal
act that reflects adversely on the lawyer's honesty,
trustworthiness or fitness as a lawyer.
On January 8, 2019, the Supreme Court of Louisiana accepted
the joint petition and suspended Mount from the practice of
law in Louisiana for a period of one year and one day, with
the entire suspension deferred. Along with the suspension,
the Supreme Court of Louisiana placed Mount on probation for
a period that coincided with the term of his two-year JLAP
By order dated April 4, 2019, the United States District
Court for the Eastern District of Louisiana imposed the same
discipline as the Supreme Court of Louisiana. The District
Court imposed the suspension retroactively to the effective
date of the Supreme Court of Louisiana's order.
On May 14, 2019, the Mississippi Bar filed a complaint
against Mount seeking reciprocal discipline under Rule 13 of
the Rules of Discipline for the Mississippi State Bar. The
Bar requests that this Court appropriately discipline Mount
and that Mount pay the costs and expenses of these
Mount responded to the Mississippi Bar's complaint on
June 5, 2019. Mount admitted each allegation and agreed that
the Mississippi Bar is entitled to recover any costs and
expenses associated with presenting this matter to the Court.
In his response, Mount acknowledges that "the sanction
imposed in this State generally mirrors the sanction imposed
in the sister state, absent extraordinary circumstances which
compel, justify or support variance from the foreign
jurisdiction's sanction." (emphasis omitted)
(internal quotation marks omitted) (quoting Miss. Bar v.
Ishee, 987 So.2d 909, 911 (Miss. 2007)). Mount, however,
requests that this Court retroactively impose a suspension of
less than six months due to the differences between the
reinstatement procedures of Mississippi and Louisiana. In
addition to the mitigation factors considered by the Supreme
Court of Louisiana in the joint petition,  Mount offers a
number of mitigating factors to support his request for a
shorter retroactive sanction.
This Court possesses the exclusive and inherent jurisdiction
over matters pertaining to attorney discipline. M.R.D. 1(a).
This Court has jurisdiction over Mount for disciplinary
purposes after proper service under Rule 16 of the
Mississippi Rules of Discipline. Under Rule 13(b) of the
Mississippi Rules of Discipline, the decree of the Supreme
Court of Louisiana "establish[es] conclusively the
misconduct" of Mount. M.R.D. 13(b). Therefore, "the sole
issue before this ...