In re Denton
| Decision Date | 25 March 2022 |
| Docket Number | 2021-O-01801 |
| Parties | IN RE: Judge Jerry L. DENTON, Jr. |
| Court | Louisiana Supreme Court |
Michelle Andrina Beaty-Gullage, Michael Brewer, for Applicant.
Alesia Mottle Ardoin, R. Gray Sexton, Baton Rouge, for Respondent.
This matter arises from a recommendation of the Judiciary Commission of Louisiana ("the Commission"), pursuant to La. Const. art. V, § 25 (C) (1974), to discipline Judge Jerry L. Denton, Jr., City Court Judge of Denham Springs, Louisiana.1 For the reasons discussed below, we find that Judge Denton violated Canons 1, 2A, 3A(6), and specified portions of 3A(4) and 3C of the Louisiana Code of Judicial Conduct (1996), and specified portions of La. Const. art. V, § 25 (C)(1974). We find a suspension from office without pay for four months and payment of costs incurred by the Commission in the sum of $4,676.25 is an appropriate sanction.
A complaint against Judge Denton was filed by Maria Finley, attorney at law, and received by the Office of Special Counsel (the "OSC"). Ms. Finley was retained by Stephanie Bardeau-Marse to file a petition to intervene in a Child in Need of Care proceeding ("CINC proceeding") in which Judge Denton presided. While the case was pending before Judge Denton, he responded and initiated improper ex parte communications with Ms. Bardeau-Marse. These improper ex parte communications precipitated other misconduct, which led to the complaint, a Notice of Hearing from the OSC to Judge Denton,2 and an investigation by OSC. The OSC and Judge Denton entered into a "Statement of Stipulated Uncontested Material Facts, Stipulated Conclusions of Law, and Stipulated Recommendation of Discipline" ("the Stipulation").3 The matter was submitted to the Commission. On June 28, 2021, the Commission dispensed with convening a hearing before a hearing officer and accepted the stipulations and exhibits submitted in support, reserving the right to make further findings of fact and conclusions of law based upon Judge Denton's appearance before the Commission, the briefs of the parties, and the entire case record.
On August 20, 2021, Judge Denton appeared before the Commission and testified. In addition, the parties introduced exhibits, including the sworn statements of Judge Denton, Ms. Bardeau-Marse, and Ms. Finley. Following the hearing, the Commission issued "Judiciary Commission's Finding of Fact, Conclusions of Law, and Recommendation of Discipline" ("the Recommendation"). The Commission determined that Judge Denton violated Canons 1, 2A, 3A(4), 3A(6) and 3C of the Louisiana Code of Judicial Conduct (1996), and La. Const. art. V, § 25 (C) (1974) (). As a sanction for the violations, the Commission recommended a six-month suspension from office, without pay, and payment of costs in the amount of $4,676.25.
The Commission filed the recommendation with this Court on December 3, 2021. The matter was set on the docket for oral argument pursuant to Louisiana Supreme Court Rule XXIII, § 14, and oral arguments were heard.
The CINC proceeding4 over which Judge Denton presided concerned the mother, J.C., and the father, A.D., who are the unmarried biological parents of two children, E.C. and P.C. The mother had a history of substance abuse and mental health issues. The father was not involved in the children's lives for the first several years after they were born. As a result, both children were primarily cared for by their maternal grandmother, Ms. Bardeau-Marse.
In September 2017, the Department of Children and Family Services ("DCFS") received a report of erratic behavior and suspected drug use by the mother in the presence of P.C. DCFS filed a request with the Denham Springs City Court for an instanter order, which Judge Denton granted, placing E.C. and P.C. in the temporary custody of DCFS. In October 2017, the State filed a petition to adjudicate the children in need of care. State in the Interest of E. C. and P.C. , No. 11998, on the docket of the Denham Springs City Court.
In December 2017, Ms. Bardeau-Marse filed in the Denham Springs City Court a petition that sought to intervene in the CINC proceeding and requested custody of E.C. and P.C. On January 11, 2018, Judge Denton denied the petition. Following a dispositional hearing on the custody issue, Judge Denton granted custody of the children to the father with monitoring by DCFS; ordered visitation for the mother and the grandparents to be facilitated by a relative; and, set a case review hearing for April 12, 2018.
On March 18, 2018, approximately three weeks before the case review hearing, Ms. Bardeau-Marse sent a private message to Judge Denton through Facebook Instant Messenger ("Messenger"). Ms. Bardeau-Marse mentioned a Ms. Bardeau-Marse also said that
Judge Denton did not know Ms. Bardeau-Marse and did not respond to her March 18, 2018 message. However, he testified in his sworn statement that
The case review hearing in the CINC proceeding was conducted on April 12, 2018. At the outset, Judge Denton heard Ms. Bardeau-Marse's second petition that sought to intervene and wherein she requested custody of E.C. and P.C.; Judge Denton denied the petition. Judge Denton then granted sole custody of the children to the father, with supervised visitation to the mother, and DCFS closed its file. Judge Denton's order provided no specific visitation rights for Ms. Bardeau-Marse. At the urging of the attorneys for the children and DCFS, Judge Denton retained jurisdiction over the case. See La. Ch.C. art. 309(A)(1).5
Later that same day, Judge Denton received a message reflecting that Ms. Bardeau-Marse "added" him on Messenger. At 7:49 p.m. on April 12, 2018, Judge Denton's Messenger call log reflected that he called Ms. Bardeau-Marse and that the call lasted for 100 minutes. In Ms. Bardeau-Marse's sworn statement, she stated that Judge Denton gave her the name and number of a private investigator and told her he would keep his eyes on the father.
Judge Denton continued engaging in frequent ex parte communications with Ms. Bardeau-Marse by Messenger for a total of six months (March 2018 to August 2018).
On April 30, 2018, at 6:05 a.m., Ms. Bardeau-Marse sent a message to Judge Denton in which she again discussed her difficulty in being able to see her grandchildren. Judge Denton replied at 6:32 a.m.:
At 11:43 p.m., on May 11, 2018, Mother's Day weekend, Ms. Bardeau-Marse sent Judge Denton a lengthy message about her grandchildren, her daughter, and their conflict with the father over visitation/custody, the father's alleged drinking and drug abuse, and his alleged mental and emotional abuse of the mother and her side of the family. Judge Denton responded with a "thumbs-up" emoji. Ms. Bardeau-Marse sent a second message at 11:53 p.m. with additional details and asking, "[What can [she] do[?]" At 11:55 p.m., she wrote: "I didn't realize you were active ... do you sleep lol ... I hardly ever ... the older I get the less sleep ...." Early the next morning, May 12, 2018, at 5:30 a.m., Judge Denton messaged Ms. Bardeau-Marse:
On May 23, 2018, Judge Denton messaged Ms. Bardeau-Marse at 8:40 a.m.: "I can issue a special order for this one occasion if you would like." In his sworn statement, Judge Denton admitted that the special order he was proposing to issue was for extra visitation for Ms. Bardeau-Marse to possibly take E.C. and P.C. to Disney World. At 8:49 a.m., Ms. Bardeau-Marse responded: At 8:58 a.m., she messaged: At 9:10 a.m., Judge Denton called Ms. Bardeau-Marse and talked to her for five minutes.
Subsequently, Judge Denton (either directly or through his clerk) contacted the father's attorney, Rebecca Lee, about the plan to give Ms. Bardeau-Marse extra visitation. Ms. Lee strongly opposed this plan.
On May 24, 2018, Ms. Bardeau-Marse sent Judge Denton two messages, inquiring whether the special order was granted. At...
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