A Baton Rouge City Court judge will be able to retain her position despite the state constitution’s prohibition against judges taking office when they reach the mandatory retirement age of 70 prior to the start of their terms, the state Supreme Court said.
Judge Johnell Matthews had qualified to be a candidate in primary and runoff elections in 2020 that were scheduled for April 4 and May 9. She eventually prevailed in the runoff election, garnering 63% of the vote, but that election was delayed until Aug. 15 as a result of Gov. John Bel Edwards’ proclamations during the first year of the coronavirus pandemic.
Matthews turned 70 in the interim period on June 7. Her opponent in the runoff, Whitney Higginbotham Greene, filed a lawsuit challenging the results of the election due to Mathews’ age. In addition, the Judicial Commission of Louisiana concluded that Matthews had violated the Code of Judicial Conduct and the state constitution by taking office when she did.
The high court, however, downplayed that constitutional wording in a 4-3 split decision on Jan. 28.
“Although the plain language of (the Louisiana constitution) provides that ‘a judge shall not remain in office beyond his 70th birthday,’ the plain language of (the constitution) provides that this court may remove a judge from office based on the recommendation of the commission,” the court’s majority opinion says. “The word may is permissive and not mandatory.”
No judicial discipline is needed in the case, the court concluded.
“The facts in this care are driven by the pandemic and subsequent proclamations issued by the governor which delayed the elections,” the opinion states. “But for these delays, Judge Matthews would have taken office prior to attaining the age of 70.”
The dissenting justices said the words of the Louisiana constitution were express and unambiguous and that Matthews’ age prevented her from remaining on the bench.
Matthews’ attorney expressed delight at the outcome of the case, indicating that the dissenting justices did not fully appreciate the context of the 2020 elections.
“The dissenters in the opinion relied on their conviction that they are not allowed to alter, amend or interpret the written word of the constitution,” Mary Olive Pierson told the Louisiana Record in an email. “However, they did just that by delaying constitutionally guaranteed speedy trials during the Covid crises based on executive proclamations.”
All of the justices and even the counsel for the Judicial Commission of Louisiana agreed that Matthews is serving honorably, according to Pierson.
“And, this opinion of Judge Matthews’ service on the bench was shared unanimously by all other judges (more than two dozen) who had an opportunity to review the case for various procedural and substantive reasons,” she said.