In re Jefferson

• Decision Date: 19 January 2000
• Docket Number: No. 99-0-1313.,99-0-1313.
• Citation: 753 So.2d 181
• Parties: In re Judge Larry D. JEFFERSON, Monroe City Court, State of Louisiana.
• Court: Louisiana Supreme Court

753 So.2d 181

In re Judge Larry D. JEFFERSON, Monroe City Court, State of Louisiana.

No. 99-0-1313.

Supreme Court of Louisiana.

January 19, 2000.

Rehearing Denied February 18, 2000.

Steven Robert Scheckman, Special Counsel, Mary Frances Whitney, Asst. Special Counsel.

Nancy C. Rix, Commission Legal Counsel, Hugh M. Collins, PhD., Chief Executive Officer.

Daryl Blue, Monroe, Counsel for Respondent.

ON RECOMMENDATION FOR DISCIPLINE FROM THE JUDICIARY COMMISSION OF LOUISIANA

KIMBALL, J.¹

This matter comes before the Court on the recommendation of the Judiciary Commission of Louisiana ("Commission") that Judge Larry Jefferson ("Judge Jefferson") of the City Court of Monroe, Parish of Ouachita, State of Louisiana, be removed from judicial office and be ordered to reimburse and pay to the Commission costs incurred in the investigation and prosecution of this case. After a thorough review of the record, we find that Judge Jefferson's conduct violated Canons 1, 2(A), 3(A)(1), (2), (3), 3(B)(1) of the Code of Judicial Conduct as well as the constitutional standard articulated in La. Const. art. V, § 25(C). We additionally find that the most severe discipline is warranted in this case because Judge Jefferson repeatedly engaged in conduct that was prejudicial to the administration of justice that brings the judicial office into disrepute. Accordingly, we order that Judge Jefferson be removed from office and that his office be declared vacant. Judge Jefferson is additionally assessed costs in the amount of $4,333.00.

FACTS AND PROCEDURAL HISTORY

Judge Jefferson commenced his initial term as Division A Judge for the Monroe City Court on January 1, 1991. He was re-elected to that office in November of 1996. The record does not indicate that Judge Jefferson engaged in any reported misconduct prior to mid-1997. In 1997, however, the Commission began receiving anonymous complaints that Judge Jefferson had engaged in misconduct. After an initial investigation into these complaints, the Commission determined formal charges against Judge Jefferson were warranted.

On September 25, 1998, the Commission formally charged Judge Jefferson with the following violations:

Charge I: Judge Jefferson abused his authority as a judge with respect to the City Prosecutor for the Monroe City Court and the Clerk of Court for the Monroe City Court by exceeding his contempt power and/or abusing such contempt power, which demonstrates a lack of proper judicial temperament and demeanor. These actions violated Canons 1, 2, 3(A)(1), (2), (3) and 3B(1) of the Code of Judicial Conduct and La. Const. art. V, § 25C in that the actions were willful misconduct relating to the judge's official capacity and were persistent and public conduct prejudicial to the administration of justice that brought the judicial office into disrepute. The Commission also charged the judge with violating C.Cr.P. arts. 21-25 relative to direct and constructive contempt and C.C.P. art. 222 and 224 relative to direct and constructive contempt.

Charge II: Judge Jefferson abused and exceeded his authority as a judge when he banned the City Prosecutor from his courtroom and subsequently dismissed 41 cases. His conduct violated Canons 1, 2, and 3A(1), (2), and (3) of the Code of Judicial Conduct and La. Const. Art. V, § 25C in that he engaged in willful misconduct relative to his office and engaged in public conduct prejudicial to the administration of justice that brought the judicial office into disrepute.

Charge III: Judge Jefferson engaged in the unauthorized practice of law in violation of La.R.S. 13:1952, Canons 1, 2, 3A(1) and La. Const. art. V, § 25C, in that he engaged in willful misconduct relating to his official duty and in public conduct prejudicial to the administration of justice.

On November 25, 1998, the Commission filed an additional charge against Judge Jefferson:

Charge IV: That Judge Jefferson failed to comply with the order of May 28, 1998, issued by the Louisiana Supreme Court, pursuant to which he was relieved of all administrative duties at Monroe City Court. This was in violation of Canons 1, 2, 3(A)(1) and 3(B)(1) of the Code of Judicial Conduct and La. Const. art. V, § 25C, in that he engaged in willful misconduct relating to this official duty and in persistent and public conduct prejudicial to the administration of justice.

A hearing on the merits was held before the Commission on February 26 and 27, 1999. On May 5, 1999, the Judiciary Commission rendered its findings of fact and conclusions of law pursuant to those proceedings. The Commission concluded that Judge Jefferson's "pattern and practice of abusing his authority" and his unauthorized practice of law violated Canons 1, 2(A), 3(A)(1), (2), (3), and 3(B)(1) of the Code of Judicial Conduct, and La. Const. art. V, § 25(C). Based on these findings, the Commission recommended that Judge Jefferson be removed from the bench and be ordered to reimburse the Commission the costs incurred in the investigation and prosecution of this case.

JURISDICTION AND BURDEN OF PROOF

This Court is vested with exclusive original jurisdiction in judicial disciplinary proceedings by La. Const. art. 5, § 25(C), which provides:

On recommendation of the judiciary commission, the supreme court may censure, suspend with or without salary, remove from office, or retire involuntarily a judge for willful misconduct relating to his official duty, willful and persistent failure to perform his duty, persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute, conduct while in office which would constitute a felony, or conviction of a felony. On recommendation of the judiciary commission, the supreme court may disqualify a judge from exercising any judicial function, without loss of salary, during pendency of proceedings in the supreme court. On recommendation of the judiciary commission, the supreme court may retire involuntarily a judge for disability that seriously interferes with the performance of his duties and that is or is likely to become permanent. The supreme court shall make rules implementing this Section and providing for confidentiality and privilege of commission proceedings.

This Court, pursuant to its supervisory authority over all lower courts, adopted the Code of Judicial Conduct, effective January 1, 1976, and amended July 8, 1996. This Code is binding on all judges and violations of its Canons may serve as the basis for the disciplinary action provided for by La. Const. art. 5, § 25(C). In re Bowers, 98-1735, p. 7 (La.12/1/98), 721 So.2d 875, 879; In re Quirk, 97-1143, p. 4 (La.12/12/97), 705 So.2d 172, 176; In re Marullo, 96-2222, p. 3 (La.4/8/97), 692 So.2d 1019, 1021; In re Decuir, 95-0056, p. 7 (La.5/22/95), 654 So.2d 687, 692.

The charge or charges against a judge must be proven by clear and convincing evidence before this Court can impose discipline. In re Bowers, 98-1735 at p. 7, 721 So.2d at 880; In re Johnson, 96-1866, p. 7 (La.11/25/96), 683 So.2d 1196, 1199; In re Huckaby, 95-0041, p. 6 (La.5/22/95), 656 So.2d 292, 296. This standard requires that the level of proof supporting the charge or charges against a judge must be more than a mere preponderance of the evidence, but less than beyond a reasonable doubt. In re Bowers, 98-1735 at p. 7, 721 So.2d at 880; In re Quirk, 97-1143 at p. 4, 705 So.2d at 176; In re Huckaby, 95-0041 at p. 6, 656 So.2d at 296.

ANALYSIS

Charge I: Abuse of contempt power and authority as a judge

In Charge I, the Commission charged Judge Jefferson with abusing his authority as a judge by exceeding his contempt power and abusing such contempt power with respect to the City Prosecutor and the Clerk of Court for the Monroe City Court. The Commission found that such acts demonstrated Judge Jefferson's lack of proper judicial temperament and demeanor under the circumstances. Charge I includes three incidents involving Judge Jefferson, the prosecutor, James Rodney Pierre, and the Clerk of Court, Ms. Powell-Lexing, in which the judge held these individuals in contempt of court.

A. Contempt Proceeding on April 2, 1997.

On April 2, 1997, Judge Jefferson recalled a bench warrant against a criminal defendant he had previously issued and reset the defendant's court date. The prosecutor for the Monroe City Court, Mr. Pierre, was advised of this action and told that he should report to Judge Jefferson's office to discuss the change. At that time, no proceedings or court sessions were scheduled that required the prosecutor's presence at the time ordered by the judge. Additionally, Mr. Pierre had not been subpoenaed to appear before the judge. There is a factual dispute as to whether Mr. Pierre replied that he would meet with the judge after he finished some paperwork or that he would not honor the new court date set by Judge Jefferson. According to Mr. Pierre, he told the secretary that he would be there "directly" after completing some paperwork. Judge Jefferson testified, however, that Mr. Pierre refused to honor the court date set by the judge. In any case, after learning that Mr. Pierre would not immediately honor his request for a meeting, Judge Jefferson issued a verbal order to the deputy marshal to bring Mr. Pierre to his courtroom at that time. When Mr. Pierre was brought into the courtroom, Judge Jefferson found Mr. Pierre in direct contempt of court, sentenced him to thirty days in jail and fined him $500.00. Judge Jefferson testified that he later rescinded his order after realizing that the sentence imposed was inappropriate. Mr. Pierre, however, was handcuffed and detained for several hours in a holding cell adjacent to the courtroom.

The laws providing for contempt citations do not apply in this instance. Therefore, Judge Jefferson's actions in this matter were clearly abusive of his authority. See La.C.Cr.P. art. 25(A) and La. C.C.P. art. 227 ("A person may not be adjudged guilty of a...