Jonathan B. Andry v. Lawyer Disciplinary Committee of the United States District Court for the Eastern District of Louisiana

In attorney disciplinary proceedings, due process requires that the precise charges against the attorney be made known at the outset of the proceedings. Due process also prohibits disciplining an attorney for misconduct not set out in those charges. Following Andry’s disciplinary proceedings in district court, the United States Court of Appeals for the Fifth Circuit upheld only a single violation against Andry, but it did so on grounds that had never been alleged or found by the en banc district court. The Fifth Circuit’s legal rationale for its action was that “we may affirm for any reason supported by the record, even if not relied upon by the district court.” The question presented is: Does an appellate court violate an attorney’s right to due process of law when it upholds a disciplinary violation in a quasicriminal proceeding on grounds that were never charged and for reasons that were not relied upon by the district court?