In Re Adams

959 So. 2d 474, 2007 WL 1866106
CourtSupreme Court of Louisiana
DecidedJune 29, 2007
Docket2007-O-426
StatusPublished
Cited by10 cases

This text of 959 So. 2d 474 (In Re Adams) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Adams, 959 So. 2d 474, 2007 WL 1866106 (La. 2007).

Opinion

959 So.2d 474 (2007)

In re Justice of the Peace Roger ADAMS, Sr.

No. 2007-O-426.

Supreme Court of Louisiana.

June 29, 2007.

*475 Office of Special Counsel, Steven Robert Scheckman, Special Counsel, Bret Edward Emmanuel, Robert E. McKnight, Jr., Assistant Special Counsel, for applicant.

Justice of the Peace Roger Adams, Sr., for respondent.

Nancy E. Rix, Commission Counsel.

KIMBALL, J.[*]

This matter comes before the court on the recommendation of the Judiciary Commission of Louisiana (the Judiciary Commission) that Justice of the Peace Roger Adams, Sr. of Ward 7, Parish of Avoyelles, State of Louisiana, be suspended without pay for five days, fully deferred, subject to a one-year period of probation, and be ordered to reimburse and pay the Judiciary Commission the amount of $52.50 in costs. After a thorough review of the record, we find Justice of the Peace Adams' conduct violated Canons 2 A and 2 B of the Code of Judicial Conduct. Accordingly, we order Justice of the Peace Adams be suspended without pay for fifteen days and ordered to reimburse and pay the Judiciary Commission the amount of $52.50 in costs.

FACTS AND PROCEDURAL HISTORY

Justice of the Peace Adams was first elected to the Justice of the Peace Court *476 for the Parish of Avoyelles in 2003 and has served in this position continuously since then. On March 6, 2003, Justice of the Peace Adams issued warrants for the arrests of Mark Dupont and John Hebert and set their bond amounts at $50,000 each. He issued the warrants based on an affidavit submitted to him by James Fontenot, the Mayor of Simmesport, which alleged Mr. Dupont and Mr. Hebert had violated La. R.S. 14:326.[1]

Mr. Dupont and Mr. Hebert had attempted to enter a float in the Simmesport Mardi Gras parade. Their float had signs posted on it that were critical of Mayor Fontenot, stating: "Recall Boo" and "No More Boo." "Boo" is Mayor Fontenot's nickname. Justice of the Peace Adams' issuance of the warrant with the $50,000 bond resulted in Mr. Dupont's and Mr. Hebert's being arrested and jailed for over twenty-four hours. Mr. Dupont and Mr. Hebert were finally able to obtain their release after they appeared before Judge Mark Jeansonne who reduced the bond amounts to $2,500.

Justice of the Peace Adams' actions resulted in a newspaper story published in The Town Talk on Sunday, March 16, 2003. The remarks by Justice of the Peace Adams in that article make it clear he set Mr. Dupont's and Mr. Hebert's bonds at $50,000 based on incidents other than allegations contained in the charging *477 affidavits of Mayor Fontenot. The remarks indicate Justice of the Peace Adams set Mr. Dupont's and Mr. Hebert's bonds as high as he did to retaliate against them for being critical of Mayor Fontenot. The article stated, "Adams agrees with Fontenot. He set the bail bonds at $50,000 because the arrests were `not due to just one incident.'" It further stated, "The anti-Fontenot forces `have plastered signs all over town,' Adams said, `and made obscene remarks about the mayor.'"

On September 11, 2003, Mr. Dupont filed a complaint against Justice of the Peace Adams with the Office of Special Counsel. The Office of Special Counsel wrote to Justice of the Peace Adams on September 18, 2003, and asked him to respond to the allegations contained in the complaint. On October 6, 2003, the Office of Special Counsel received a letter from Justice of the Peace Adams with an attached town ordinance relative to the rules for parades. The Judiciary Commission authorized a full investigation on February 13, 2004, and Justice of the Peace Adams was notified of the investigation. On December 12, 2005, the Judiciary Commission filed Formal Charge 0264 concerning Justice of the Peace Adams, alleging he violated Canons 2 A[2] and 2 B[3] of the Code of Judicial Conduct. The Judiciary Commission further alleged that respondent engaged in willful misconduct relating to his official duty and engaged in persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute, all in violation of La. Const. art. V, § 25(C).

On August 29, 2006, Justice of the Peace Adams and the Office of Special Counsel jointly filed a "Statement of Stipulated Uncontested Material Facts, Stipulated Conclusions of Law, and Stipulated Recommendation of Discipline." In addition to stipulating to the above facts, the parties stipulated Justice of the Peace Adams acted inappropriately when he issued the warrants of arrest for Mr. Dupont and Mr. Hebert and set an unreasonably high bond. In addition, the parties stipulated he violated Canons 2 A and 2 B of the Code of Judicial Conduct. The parties stipulated he violated Canon 2 B because he posted Mr. Dupont's and Mr. Hebert's bonds as high as he did to retaliate against them for being critical of Mayor Fontenot. The parties stipulated Justice of the Peace Adams therefore allowed his political relationship to influence his judicial conduct or judgment and lent the prestige of his judicial office to advance the private interest of Mayor Fontenot. Justice of the Peace Adams and the Office of Special Counsel further stipulated he thereby also violated Canon 2 A by failing to "act at all times in a manner so as to promote public confidence in the integrity and impartiality of the judiciary."

The Judiciary Commission conducted a brief hearing on the Formal Charge on January 17, 2007. Justice of the Peace Adams apologized for his actions toward Mr. Dupont and Mr. Hebert and pledged he would not repeat such conduct in the future.

The Judiciary Commission accepted the stipulation that Justice of the Peace Adams violated the Canons 2A and 2B of *478 the Code of Judicial Conduct as charged in the formal charge. The Judiciary Commission also concluded Justice of the Peace Adams violated La. Const. art. V, § 25(C) because his conduct was persistent and public and it was prejudicial to the administration of justice and brought the judicial office into disrepute. Moreover, the Judiciary Commission concluded Justice of the Peace Adams' conduct was not the result of mere legal error. According to the Judiciary Commission, "Adams' admission that he acted because he got caught in a political fight and for the purpose of retaliation takes the case outside of a `mere error' analysis." The Judiciary Commission concluded:

The fact that he relied not only upon the instant offense, but also upon his knowledge or belief as to other bad acts of Mr. Hebert and Mr. Dupont, might have been considered as mere error that did not rise to the level of ethical misconduct, but such an inquiry was rendered unnecessary as the result of his other admissions.

Based on these conclusions, the Judiciary Commission recommended that Justice of the Peace Adams be suspended without pay for five days, fully deferred, subject to a one-year period of probation and that he be ordered to reimburse and pay to the Judiciary Commission the amount of $52.50 in costs.

LAW AND DISCUSSION

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

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Bluebook (online)
959 So. 2d 474, 2007 WL 1866106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adams-la-2007.