Louisiana Supreme Court Announces Amendments to Judicial Discipline Rules

Louisiana Supreme Court issued the following announcement on Nov. 22.

Louisiana Supreme Court Justices announced several substantive changes to its rules, effective immediately, that will increase accountability for judges facing allegations of judicial misconduct, protect the public fisc, and help expedite judicial discipline matters. These amendments are a continuation of the Court’s ongoing study and revision of judicial discipline rules and the adoption last year of rules that increased public access to and transparency in proceedings before the Judiciary Commission of Louisiana. See Order here.

The Judiciary Commission of Louisiana is a nine-member constitutionally created body empowered to review allegations of judicial misconduct and to recommend to the Supreme Court that a judge be sanctioned when misconduct is proven by clear and convincing evidence.

After extensive study, review, and deliberation, the Louisiana Supreme Court voted unanimously to make several substantive changes to Louisiana Supreme Court Rule XXIII:

• First, judges who have been charged and convicted of a felony or lesser crime that reflects adversely on the judge’s honesty, trustworthiness, or fitness as judge may now be required to repay the costs of appointing a judge to cover their dockets while they are suspended from performing judicial functions during the pendency of criminal and judicial discipline proceedings.

• Second, judges who retire or resign prior to the conclusion of public judicial discipline proceedings may now be required to repay the costs incurred in the Commission’s investigation and litigation of the matter.

• Third, in cases the Commission has determined should be expedited, including cases involving possible criminal conduct, the Commission is now required to issue an order to the hearing officer providing instructions regarding the expediting of the matter.

“The Justices of the Supreme Court and I agree that our system of justice requires accountability for wrongdoing and the fair and efficient resolution of court proceedings, and judges and judicial discipline proceedings are no exception,” said Louisiana Supreme Court Chief Justice John L. Weimer. “These changes ensure that judges who are convicted of crimes or who resign or retire in the late stages of judicial discipline proceedings, sometimes to avoid the imposition of public discipline by this Court, may be held accountable for the costs incurred as a result of their actions and that such costs are not ultimately borne by the taxpayers of this State. Additionally, these changes will help ensure the efficient and expeditious resolution of the most important matters pending before the Commission.”

Original source can be found here.