The Louisiana Supreme Court has suspended a St. John the Baptist Parish judge, saying he “caused substantial harm” by delaying criminal investigations into child sexual abuse and domestic violence by refusing to sign search warrants.
The court ordered Judge Vercell Fiffie to serve a six-month unpaid suspension and pay the Louisiana Judiciary Commission back $9,125.29 for its investigation into the matter. The court said Fiffie violated several judicial canons by failing to comply with the law, showing bias or prejudice in judicial duties and lapses in professional competence.
“The commission found by clear and convincing evidence that Judge Fiffie’s actions with respect to his review of warrants, his failure to comply with a clear order of an appellate court, his recall of another judge’s bench warrants and his failure to cooperate with his judicial colleagues and the sheriff’s department constitute misconduct,” Justice Will Crain wrote in the October 25 order. “His persistent refusal to acknowledge his errors, to take unqualified responsibility for them and to listen to the advice and counsel of others is troubling.
“Discipline must impress the significance of Judge Fiffie’s transgressions.”
In 2021, Fiffie rejected 27 percent of warrants he was asked to sign. Two other judges in the 40th Judicial District had rates of 0.24 percent and 2.4 percent, according to the LJC. It says Fiffie also mishandled 48-hour warrants by failing to review them in the appropriate timeframe, meaning the warrants were denied and the arrestee being released without bond.
The LJC investigation also said Fiffie failed to comply with an appellate court order to issue a bench warrant. The Fifth Circuit Court of Appeal threatened him with contempt. It also said Fiffie recalled two bench warrants by fellow Judge Nghana Lewis without consulting her and despite requests that he not do so.
It also showed Fiffie failed to cooperate with Sheriff Mike Tregre who expressed concerns about warrant requests.
Lewis told investigators Fiffie “is not receptive to a lot of feedback” and that there had been a “deterioration of communication.”
“Judge Fiffie’s misconduct was not isolated,” Crain wrote. “Before the commission, Judge Fiffie did not appear to truly grasp the severity of these errors. … While Judge Fiffie agreed that he should have acted differently, he did so reluctantly or because he was pressed by the commission. … His lack of sincerity in preparing for his proceedings, his non-responsive answers during his appearance and his lack of acknowledgement of any incorrect actions (caused the LJC to find) many of his responses lacked credibility.”
Fiffie was elected in 2020 and took office in January 2021. The court says he was on the bench for just a few months before complaints were filed against him.
“The general public is expected to fully comply with court orders,” Crain wrote. “Members of the judiciary are no exception. In fact, judges must set an example for the public by following the orders of higher courts.”
The LJC suggested a six-month suspension with three months deferred with two years of probation. In his separate opinion, Chief Justice John Weimer said he would have imposed the LJC’s recommended punishment.
In separate dissents, Justices Piper Griffin and Jefferson Hughes said a six-month suspension was too severe.
Justice Scott Crichton concurred with Crain’s opinion in a separate filing.
“He did not appear to appreciate the gravity of the allegations against him, and the commission recognized Judge Fiffie’s apparent inability to recognize the role of a judge within the judicial system or meaningfully acknowledge his errors,” Crichton wrote. “As described in the opinion, Judge Fiffie answered the commission’s pointed inquiries with ‘vague generalities,’ and failed repeatedly to give direct and clear answers to questions.”
Justice Jay McCallum said he would have imposed even more sanctions on Fiffie.
“I join the majority in this result only because I was unable to gain a majority to impose a heavier sanction,” McCallum wrote.