Attorney Franz Borghardt joined Mornings With Brian Haldane for another edition of “Legally Served,” tackling two Louisiana stories with major legal implications: the escalating dispute between LSU and the SEC and the controversial sentencing of former DeRidder Mayor Misty Roberts.
LSU and the SEC Face Legal Showdown
Borghardt explained that the SEC must follow its own governance documents, policies, and procedures if it considers disciplinary action against LSU. While the conference could potentially remove LSU, such a decision could create significant legal and financial consequences.
The discussion focused heavily on two former college athletes who found out they had another season of eligibility after participating in NFL training camps. A court ruling supported their eligibility, but LSU faced pressure from the SEC not to place them on its roster.
Borghardt said the athletes could potentially pursue damages based on lost earning opportunities, including NIL and revenue-sharing income. He also raised the possibility of a tortious interference claim if a third party interfered with potential contractual or economic relationships.
The broader question remains whether college athletes can still reasonably be treated as “amateurs” as NIL and revenue sharing increasingly turn college sports into a professionalized business.
DeRidder Mayor Sentencing Sparks Debate
Borghardt also discussed former DeRidder Mayor Misty Roberts, who received a 90-day jail sentence after a jury convicted her of having sex with a 16-year-old.
He explained that judges generally consider sentencing parity by examining how similarly situated defendants have been treated. However, the unusually short sentence prompted questions about whether the punishment adequately reflected the seriousness of the offense.
Borghardt also emphasized an important legal distinction: the jury determines guilt, while the judge determines the sentence. The judge did not overturn the jury’s guilty verdict by imposing a shorter sentence.
The conversation highlighted difficult questions about sentencing consistency, accountability, and whether society applies different standards to male and female sexual offenders.