United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED August 14, 2023 No. 22-11092 ____________ Lyle W. Cayce Clerk In re David Finn,

Plaintiff—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22-MC-22 ______________________________

Before Smith, Higginson, and Willett, Circuit Judges. Per Curiam: After several instances of inappropriate behavior and twice failing to show up for a client’s sentencing hearing, mostly due to a problem with substance abuse, attorney David Finn was referred by a presiding judge to a three-judge disciplinary panel of the U.S. District Court for the Northern District of Texas. Following an investigation and hearing, the panel sanctioned Finn by suspending him from practicing before that court for 12 months, with the option to reapply upon proof of sobriety during the period of suspension. Finn appeals, arguing that a three-judge panel could not sanction him because the rules say only that “[a] presiding judge” may take disciplinary action. He also says the 12-month suspension is excessive. We AFFIRM. Case: 22-11092 Document: 00516856505 Page: 2 Date Filed: 08/14/2023

No. 22-11092

I In late March 2022, then-Chief Judge Barbara Lynn issued an order convening a three-judge panel to review the conduct of attorney David Finn, a member of the bar of the Northern District of Texas. Meanwhile, as “emergency relief,” she also suspended Finn from practicing before the court.1 What prompted Judge Lynn’s order was that Finn had twice failed to appear for a sentencing of his client without notifying the court or client, and he was unreachable both before and after the second missed hearing. Finn quickly explained that he had a problem with substance abuse and that he had checked himself into a rehab/detox center the day of the hearing. In April 2022, a three-judge panel appointed Michael Heiskell to investigate Finn’s conduct. On June 14, 2022, Heiskell submitted a 74-page report, concluding that Finn had engaged in misconduct based on his failure to appear at sentencing, as well as his disrespectful statements and conduct toward several judges and court staff:

 Finn interrupted and was rude toward Magistrate Judge Rene Tolliver, including telling her to “watch yourself.”

 Finn was disruptive in a plea hearing before Magistrate Judge Irma Ramirez, and it was obvious that his client had not seen the indictment before the plea.

 Finn was “clearly intoxicated” in an appearance before Judge Ada Brown, and he made an inappropriate race-based joke, used a swear

_____________________ 1 On May 11, 2022, Judge Lynn relaxed her prior order to allow Finn to practice before the court—but only with another attorney, Robert Webster, as co-lead counsel.

2 Case: 22-11092 Document: 00516856505 Page: 3 Date Filed: 08/14/2023