On Friday, June 28, 2024, the Supreme Court of Louisiana suspended attorney Robert W. Hjortsberg from practicing law for six months but deferred all but 30 days of the suspension.
The case is entitled “In the Matter of Robert William Hjortsberg,” with case no. 2024-B-0149.
The disciplinary matter came before the high court involving formal charges filed against Hjortsberg by the Office of Disciplinary Counsel. The charges were related to two counts of alleged rule violations.
In Count I, Hjortsberg had admitted that he willfully failed to file federal income tax returns for the years 2017 and 2018. As a result, he pleaded guilty in 2021 to a misdemeanor charge in federal court and was sentenced to six months of home detention, three years of probation, and was ordered to pay $31,651 in restitution and a $4,000 fine. Hjortsberg did not dispute that his actions in failing to file his taxes violated professional conduct rules relating to committing a criminal act, engaging in conduct involving dishonesty, and violating the Rules of Professional Conduct.
In Count II, the charges stemmed from Hjortsberg representing a client, Zarius Brown, who was facing attempted murder and other charges in a criminal jury trial in Washington Parish in 2020. During jury selection, Brown left the courtroom and failed to return. After the trial court denied Hjortsberg’s motions for a continuance and mistrial, Hjortsberg made a strategic choice to not participate further in the trial without his client present. This led to Brown being convicted, but the convictions were later reversed on appeal due to ineffective assistance from Hjortsberg.
The Supreme Court agreed with the disciplinary board that Hjortsberg failed to act with reasonable diligence in representing Brown when he did not participate in the trial after his motions were denied. However, it did not find intentional misconduct. After reviewing aggravating and mitigating factors, the high court suspended Hjortsberg for six months but deferred all but 30 days of the suspension. He was also placed on probation for one year.
The mixed ruling from the Supreme Court acknowledged Hjortsberg’s admission of wrongdoing related to failing to file his taxes while recognizing the difficult position he faced in Count II when his client disappeared during a jury trial. Ultimately, it found that Hjortsberg committed ethical violations in both matters but issued a lenient sanction in light of mitigating factors and the unique circumstances of representing a client who fled in the middle of his trial.
The Disposition states:
“It is ordered that Robert W. Hjortsberg, Louisiana Bar Roll number 31587, be and he hereby is suspended from the practice of law for a period of six months. It is further ordered that all but thirty days of this suspension shall be deferred. Following the completion of the active portion of his suspension, the respondent shall be placed on probation for a period of one year.”
According to avvo.com, Mr. Hjortsberg is an attorney in New Orleans, Louisiana. He acquired his law license in Louisiana in 2008.
A copy of the original filing can be found here.
