Thomas Porteous
Encyclopedia
Gabriel Thomas Porteous, Jr. (born 1946) is a former United States federal judge
who served for sixteen years before being impeached and removed from office in December 2010.
, Porteous received a B.A.
from Louisiana State University
in 1968 and a J.D.
from Louisiana State University Law School in 1971. He was a special counsel to the Office of the State Attorney General, Louisiana from 1971 to 1973. He was in private practice in Gretna, Louisiana
from 1973 to 1980, and in Metairie, Louisiana
from 1980 to 1984. He was Chief of the Felony Complaint Division in the District Attorney's Office, Jefferson Parish, Louisiana
from 1973 to 1975. He was a city attorney of Harahan, Louisiana
from 1982 to 1984. He was a judge on the 24th Judicial District Court of Louisiana from 1984 to 1994.
to a seat on the United States District Court for the Eastern District of Louisiana
vacated by Robert F. Collins. He was confirmed by the United States Senate
on October 7, 1994, and received his commission on October 11, 1994.
He has controversially ruled in several landmark cases against the state
, including one 2002 case in which he ruled that the state of Louisiana was illegally using federal money to promote religion
in its abstinence
-only sex education
programs. He ordered the state to stop giving money to individuals or organizations that "convey religious messages or otherwise advance religion
" with tax dollars. Judge Porteous also said there was ample evidence that many of the groups participating in the Governor's Program on Abstinence were "furthering religious objectives."
Also in 2002, Porteous overturned a federal ban on rave paraphernalia such as glowsticks, pacifiers, and dust masks, originally banned due to the subculture's ties to recreational drugs such as Ecstasy, after the American Civil Liberties Union
successfully claimed the ban to be unconstitutional. He had previously ruled in 1999 against a Louisiana law aimed at banning the second trimester abortion
procedure known as intact dilation and extraction
, known commonly as "partial birth abortion."
In 2001, Porteous filed for bankruptcy
, which led to revelations in the press
about his private life, specifically the fact that he was alleged to have had close ties with local bail bond magnate
Louis Marcotte III, at the center of a corruption
probe, which has more recently led to his being the subject of investigation himself by federal
investigators. In May 2006, Porteous, beset by the recent loss of his home due to Hurricane Katrina
in August 2005 and the death of his wife a few months later, and still under investigation by a federal grand jury, was granted temporary medical leave and began a year-long furlough from the federal bench.
During the Senate trial for impeachment, Jonathan Turley
, acting in Judge Porteous's defense, announced that Judge Porteous has decided to leave the federal bench in 2011 were he not removed from office.
transmitted a certificate to the Speaker
of the U.S. House of Representatives expressing the Conference's determination that consideration of impeachment of Porteous might be warranted. The certificate stated that there was substantial evidence that Porteous "repeatedly committed perjury by signing false financial disclosure forms under oath",
thus concealing "cash and things of value that he solicited and received from lawyers appearing in litigation before him." In a specific case, "he denied a motion to recuse based on his relationship with lawyers in the case . . . and failed to disclose that the lawyers in question had often provided him with cash. Thereafter, while a bench verdict (that is, a verdict by a judge sitting without a jury) was pending, he solicited and received from the lawyers appearing before him illegal gratuities in the form of cash and other things of value"" thus depriving "the public of its right to his honest services
". The certificate concluded that this conduct "constituted an abuse of his judicial office" in violation of the Canons of the Code of Conduct for United States Judges".
The certificate also stated that there was substantial evidence that Porteous had "repeatedly committed perjury by signing false financial disclosure forms under oath" in connection with his bankruptcy, allowing "him to obtain a discharge of his debts while continuing his lifestyle at the expense of his creditors", and that he had "made false representations to gain the extension of a bank loan with the intent to defraud the bank".
On September 18, 2008, the House Judiciary Committee
voted unanimously to proceed with an investigation of the bribery and perjury allegations. On October 15, 2008 House Judiciary Chair John Conyers
announced that Alan I. Barron had been hired as Special Counsel to lead an inquiry into Porteous' impeachment. Representatives Adam Schiff
(D-CA) and Bob Goodlatte
(R-VA) were designated as Chair and Ranking Member
, respectively to lead the task force conducting the inquiry.
On January 13, 2009, the U.S. House of Representatives passed H. Res. 15 by voice vote, authorizing and directing the Committee on the Judiciary to inquire whether the House should impeach Porteous. The resolution was sponsored by Rep. John Conyers, Chairman of the Judiciary Committee and was proposed because the investigation ended with the previous Congress and a renewal was needed. In October 2009, Reps. Conyers and Lamar S. Smith
introduced a resolution asking to access the judge's tax returns as part of the investigation. The resolution was referred to the Rules Committee
and, at the same time, a timeframe was established which called for the investigation to end in November 2009; the Judicial Impeachment Task Force would decide by the end of the year if impeachment would be recommended to the Judiciary Committee. If the recommendation was for impeachment, the Committee would take up the matter in early 2010. The task force scheduled the first hearings on the case for November 17 and 18, with more meetings in December before a final recommendation was made.
On November 13 Porteous sued the task force, claiming that the panel was violating his Fifth Amendment
rights by using testimony given under immunity
in making the case against him. On January 21, 2010, the panel voted unanimously to recommend four articles of impeachment to the full Judiciary Committee, which, on January 27, voted to send the articles of impeachment to the full House. On March 4, 2010, the full Committee reported , a resolution of impeachment of Porteous, to the full House. The full House considered the resolution, which included four articles of impeachment, on March 11, 2010. The subjects of the articles of impeachment, and the corresponding vote of the House of Representatives on March 11, 2010, appear below:
On March 11, Judge Porteous was impeached, with each article passing unanimously. The same day, Representatives Adam Schiff (D-CA), Zoe Lofgren
(D-CA), Hank Johnson
(D-GA), Bob Goodlatte (R-VA), and Jim Sensenbrenner
(R-WI) were appointed as managers to conduct the trial in the Senate. In addition, Schiff and Goodlatte were designated as the lead managers. The articles of impeachment were sent to the Senate
, where the proceedings were started on March 17. On that same day, Senators passed two resolutions: one provided for a summons for Porteous to answer the articles against him, and the other provided for a committee to analyze the evidence against him and report their findings to the full Senate. Senators Claire McCaskill
(D-MO) and Orrin Hatch
(R-UT) were designated as Chair and Vice Chair of the committee, respectively. The committee met on April 16; The trial was due to begin in early August, with a vote before the Senate happening in late September, but due to delays, it did not begin until mid-September, with a vote scheduled for December 8, 2010 .
On December 7, 2010, the full Senate began hearing the impeachment trial. On December 8 the Senate voted unanimously to convict Porteous on first of four impeachment charges, removing him from the bench. The Senate subsequently convicted him on the remaining three articles and moreover disqualified him forever from holding any office of honor or profit under the United States.
On January 13, 2011, the Louisiana Supreme Court officially acknowledged the loss of Porteous' state attorney license.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
who served for sixteen years before being impeached and removed from office in December 2010.
Background
Born in New Orleans, LouisianaNew Orleans, Louisiana
New Orleans is a major United States port and the largest city and metropolitan area in the state of Louisiana. The New Orleans metropolitan area has a population of 1,235,650 as of 2009, the 46th largest in the USA. The New Orleans – Metairie – Bogalusa combined statistical area has a population...
, Porteous received a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Louisiana State University
Louisiana State University
Louisiana State University and Agricultural and Mechanical College, most often referred to as Louisiana State University, or LSU, is a public coeducational university located in Baton Rouge, Louisiana. The University was founded in 1853 in what is now known as Pineville, Louisiana, under the name...
in 1968 and a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Louisiana State University Law School in 1971. He was a special counsel to the Office of the State Attorney General, Louisiana from 1971 to 1973. He was in private practice in Gretna, Louisiana
Gretna, Louisiana
The city of Gretna is the parish seat of Jefferson Parish, in the US state of Louisiana. Gretna is on the west bank of the Mississippi River, just east and across the river from uptown New Orleans. It is part of the New Orleans–Metairie–Kenner Metropolitan Statistical Area...
from 1973 to 1980, and in Metairie, Louisiana
Metairie, Louisiana
Metairie is a census-designated place in Jefferson Parish, Louisiana, United States and is a major part of the New Orleans Metropolitan Area. Metairie is the largest community in Jefferson Parish. It is an unincorporated area that would be larger than most of the state's cities if it were...
from 1980 to 1984. He was Chief of the Felony Complaint Division in the District Attorney's Office, Jefferson Parish, Louisiana
Jefferson Parish, Louisiana
Jefferson Parish is a parish in Louisiana, United States that includes most of the suburbs of New Orleans. The seat of parish government is Gretna....
from 1973 to 1975. He was a city attorney of Harahan, Louisiana
Harahan, Louisiana
Harahan is a city in Jefferson Parish, Louisiana, United States, and a suburb of New Orleans. The population was 9,885 at the 2000 census.Harahan was named in honor of James Theodore Harahan, president of the Illinois Central Railroad from 1906-1911...
from 1982 to 1984. He was a judge on the 24th Judicial District Court of Louisiana from 1984 to 1994.
Federal judge
On August 25, 1994, Porteous was nominated by President Bill ClintonBill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
to a seat on the United States District Court for the Eastern District of Louisiana
United States District Court for the Eastern District of Louisiana
The U.S. District Court for the Eastern District of Louisiana is a federal trial court based in New Orleans. Like all U.S...
vacated by Robert F. Collins. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on October 7, 1994, and received his commission on October 11, 1994.
He has controversially ruled in several landmark cases against the state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
, including one 2002 case in which he ruled that the state of Louisiana was illegally using federal money to promote religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
in its abstinence
Abstinence
Abstinence is a voluntary restraint from indulging in bodily activities that are widely experienced as giving pleasure. Most frequently, the term refers to sexual abstinence, or abstention from alcohol or food. The practice can arise from religious prohibitions or practical...
-only sex education
Sex education
Sex education refers to formal programs of instruction on a wide range of issues relating to human sexuality, including human sexual anatomy, sexual reproduction, sexual intercourse, reproductive health, emotional relations, reproductive rights and responsibilities, abstinence, contraception, and...
programs. He ordered the state to stop giving money to individuals or organizations that "convey religious messages or otherwise advance religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
" with tax dollars. Judge Porteous also said there was ample evidence that many of the groups participating in the Governor's Program on Abstinence were "furthering religious objectives."
Also in 2002, Porteous overturned a federal ban on rave paraphernalia such as glowsticks, pacifiers, and dust masks, originally banned due to the subculture's ties to recreational drugs such as Ecstasy, after the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
successfully claimed the ban to be unconstitutional. He had previously ruled in 1999 against a Louisiana law aimed at banning the second trimester abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
procedure known as intact dilation and extraction
Intact dilation and extraction
Intact dilation and extraction is a procedure done in late term abortion. It is also known as intact dilation and evacuation, dilation and extraction , intrauterine cranial decompression and, vernacularly in the United States, as partial birth abortion...
, known commonly as "partial birth abortion."
In 2001, Porteous filed for bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
, which led to revelations in the press
Mass media
Mass media refers collectively to all media technologies which are intended to reach a large audience via mass communication. Broadcast media transmit their information electronically and comprise of television, film and radio, movies, CDs, DVDs and some other gadgets like cameras or video consoles...
about his private life, specifically the fact that he was alleged to have had close ties with local bail bond magnate
Magnate
Magnate, from the Late Latin magnas, a great man, itself from Latin magnus 'great', designates a noble or other man in a high social position, by birth, wealth or other qualities...
Louis Marcotte III, at the center of a corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
probe, which has more recently led to his being the subject of investigation himself by federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
investigators. In May 2006, Porteous, beset by the recent loss of his home due to Hurricane Katrina
Hurricane Katrina
Hurricane Katrina of the 2005 Atlantic hurricane season was a powerful Atlantic hurricane. It is the costliest natural disaster, as well as one of the five deadliest hurricanes, in the history of the United States. Among recorded Atlantic hurricanes, it was the sixth strongest overall...
in August 2005 and the death of his wife a few months later, and still under investigation by a federal grand jury, was granted temporary medical leave and began a year-long furlough from the federal bench.
During the Senate trial for impeachment, Jonathan Turley
Jonathan Turley
Jonathan Turley is an American lawyer, legal scholar, writer, commentator, and legal analyst in broadcast and print journalism...
, acting in Judge Porteous's defense, announced that Judge Porteous has decided to leave the federal bench in 2011 were he not removed from office.
Impeachment proceedings
On June 18, 2008 the Judicial Conference of the United StatesJudicial Conference of the United States
The Judicial Conference of the United States, formerly known as Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States...
transmitted a certificate to the Speaker
Speaker of the United States House of Representatives
The Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
of the U.S. House of Representatives expressing the Conference's determination that consideration of impeachment of Porteous might be warranted. The certificate stated that there was substantial evidence that Porteous "repeatedly committed perjury by signing false financial disclosure forms under oath",
thus concealing "cash and things of value that he solicited and received from lawyers appearing in litigation before him." In a specific case, "he denied a motion to recuse based on his relationship with lawyers in the case . . . and failed to disclose that the lawyers in question had often provided him with cash. Thereafter, while a bench verdict (that is, a verdict by a judge sitting without a jury) was pending, he solicited and received from the lawyers appearing before him illegal gratuities in the form of cash and other things of value"" thus depriving "the public of its right to his honest services
Honest services fraud
Honest services fraud refers to a 28-word sentence of , added by the United States Congress in 1988, which states: "For the purposes of this chapter, the term, scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services."The statute...
". The certificate concluded that this conduct "constituted an abuse of his judicial office" in violation of the Canons of the Code of Conduct for United States Judges".
The certificate also stated that there was substantial evidence that Porteous had "repeatedly committed perjury by signing false financial disclosure forms under oath" in connection with his bankruptcy, allowing "him to obtain a discharge of his debts while continuing his lifestyle at the expense of his creditors", and that he had "made false representations to gain the extension of a bank loan with the intent to defraud the bank".
On September 18, 2008, the House Judiciary Committee
United States House Committee on the Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...
voted unanimously to proceed with an investigation of the bribery and perjury allegations. On October 15, 2008 House Judiciary Chair John Conyers
John Conyers
John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party...
announced that Alan I. Barron had been hired as Special Counsel to lead an inquiry into Porteous' impeachment. Representatives Adam Schiff
Adam Schiff
Adam Bennett Schiff is the U.S. Representative for . He has served in Congress since 2001. He is a member of the Democratic Party...
(D-CA) and Bob Goodlatte
Bob Goodlatte
Robert William "Bob" Goodlatte is the U.S. Representative for , serving since 1993. He is a member of the Republican Party. The district is based in Roanoke and also includes Lynchburg, Harrisonburg and Staunton.-Early life, education and career:...
(R-VA) were designated as Chair and Ranking Member
Ranking member
In United States politics, a ranking member is the second-most senior member of a congressional or state legislative committee from the majority party. Another usage refers to the most senior member of a congressional or state legislative committee from the minority party. This second usage, often...
, respectively to lead the task force conducting the inquiry.
On January 13, 2009, the U.S. House of Representatives passed H. Res. 15 by voice vote, authorizing and directing the Committee on the Judiciary to inquire whether the House should impeach Porteous. The resolution was sponsored by Rep. John Conyers, Chairman of the Judiciary Committee and was proposed because the investigation ended with the previous Congress and a renewal was needed. In October 2009, Reps. Conyers and Lamar S. Smith
Lamar S. Smith
Lamar Seeligson Smith is the U.S. Representative for , serving since 1987. The district includes most of the wealthier sections of San Antonio and Austin, as well as nearly all of the Texas Hill Country...
introduced a resolution asking to access the judge's tax returns as part of the investigation. The resolution was referred to the Rules Committee
United States House Committee on Rules
The Committee on Rules, or Rules Committee, is a committee of the United States House of Representatives. Rather than being responsible for a specific area of policy, as most other committees are, it is in charge of determining under what rule other bills will come to the floor...
and, at the same time, a timeframe was established which called for the investigation to end in November 2009; the Judicial Impeachment Task Force would decide by the end of the year if impeachment would be recommended to the Judiciary Committee. If the recommendation was for impeachment, the Committee would take up the matter in early 2010. The task force scheduled the first hearings on the case for November 17 and 18, with more meetings in December before a final recommendation was made.
On November 13 Porteous sued the task force, claiming that the panel was violating his Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
rights by using testimony given under immunity
Judicial immunity
Judicial Immunity is a form of legal immunity which protects judges and others employed by the judiciary from lawsuits brought against them for official conduct in office, no matter how incompetent, negligent, or malicious such conduct might be, even if this conduct is in violation of statutes.For...
in making the case against him. On January 21, 2010, the panel voted unanimously to recommend four articles of impeachment to the full Judiciary Committee, which, on January 27, voted to send the articles of impeachment to the full House. On March 4, 2010, the full Committee reported , a resolution of impeachment of Porteous, to the full House. The full House considered the resolution, which included four articles of impeachment, on March 11, 2010. The subjects of the articles of impeachment, and the corresponding vote of the House of Representatives on March 11, 2010, appear below:
- Article I - engaging in a pattern of conduct that is incompatible with the trust and confidence placed in him as a Federal judge - Passed the House by a vote of 412-0.
- Article II - engaged in a longstanding pattern of corrupt conduct that demonstrates his unfitness to serve as a United States District Court Judge - Passed the House by a vote of 410-0.
- Article III - knowingly and intentionally making false statements, under penalty of perjury, related to his personal bankruptcy filing and violating a bankruptcy court order - Passed the House by a vote of 416-0.
- Article IV - knowingly made material false statements about his past to both the United States Senate and to the Federal Bureau of Investigation in order to obtain the office of United States District Court Judge - Passed the House by a vote of 423-0.
On March 11, Judge Porteous was impeached, with each article passing unanimously. The same day, Representatives Adam Schiff (D-CA), Zoe Lofgren
Zoe Lofgren
Zoe Lofgren is the U.S. Representative for , serving since 1995. She is a member of the Democratic Party. The district is based in San Jose.-Early life, education, and early career:...
(D-CA), Hank Johnson
Hank Johnson
Henry C. "Hank" Johnson Jr. is the U.S. Representative for , serving since 2007. He is a member of the Democratic Party. The district is based in DeKalb County, a largely suburban county east of Atlanta. It also includes portions of Gwinnett and Rockdale counties.-Life, education and...
(D-GA), Bob Goodlatte (R-VA), and Jim Sensenbrenner
Jim Sensenbrenner
Frank James Sensenbrenner, Jr. is an American politician who has been a member of the Republican Party in the United States House of Representatives since 1979, representing . The district, the state's richest, includes many of Milwaukee's northern and western suburbs, and extends into rural...
(R-WI) were appointed as managers to conduct the trial in the Senate. In addition, Schiff and Goodlatte were designated as the lead managers. The articles of impeachment were sent to the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, where the proceedings were started on March 17. On that same day, Senators passed two resolutions: one provided for a summons for Porteous to answer the articles against him, and the other provided for a committee to analyze the evidence against him and report their findings to the full Senate. Senators Claire McCaskill
Claire McCaskill
Claire Conner McCaskill is the senior United States Senator from Missouri and a member of the Democratic Party. She defeated Republican incumbent Jim Talent in the 2006 U.S. Senate election, by a margin of 49.6% to 47.3%. She is the first woman elected to the U.S. Senate from Missouri in her own...
(D-MO) and Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
(R-UT) were designated as Chair and Vice Chair of the committee, respectively. The committee met on April 16; The trial was due to begin in early August, with a vote before the Senate happening in late September, but due to delays, it did not begin until mid-September, with a vote scheduled for December 8, 2010 .
On December 7, 2010, the full Senate began hearing the impeachment trial. On December 8 the Senate voted unanimously to convict Porteous on first of four impeachment charges, removing him from the bench. The Senate subsequently convicted him on the remaining three articles and moreover disqualified him forever from holding any office of honor or profit under the United States.
- Article I - engaging in a pattern of conduct that is incompatible with the trust and confidence placed in him as a Federal judge - Convicted in the Senate by a vote of 96-0.
- Article II - engaged in a longstanding pattern of corrupt conduct that demonstrates his unfitness to serve as a United States District Court Judge - Convicted in the Senate by a vote of 69-27.
- Article III - knowingly and intentionally making false statements, under penalty of perjury, related to his personal bankruptcy filing and violating a bankruptcy court order - Convicted in the Senate by a vote of 88-8.
- Article IV - knowingly made material false statements about his past to both the United States Senate and to the Federal Bureau of Investigation in order to obtain the office of United States District Court Judge - Convicted in the Senate by a vote of 90-6.
- Disqualification - Forever disqualified to hold any office of honor or profit under the United States - Disqualified by the Senate by a vote of 94-2.
On January 13, 2011, the Louisiana Supreme Court officially acknowledged the loss of Porteous' state attorney license.