In Re Chaisson

549 So. 2d 259, 1989 WL 105101
CourtSupreme Court of Louisiana
DecidedSeptember 12, 1989
Docket89-O-0526
StatusPublished
Cited by82 cases

This text of 549 So. 2d 259 (In Re Chaisson) 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 Chaisson, 549 So. 2d 259, 1989 WL 105101 (La. 1989).

Opinion

549 So.2d 259 (1989)

In re Judge Joel T. CHAISSON, 29th Judicial District Court, Parish of St. Charles.

No. 89-O-0526.

Supreme Court of Louisiana.

September 12, 1989.

*260 Ralph Capitelli, Richard A. Bordelon, Capitelli & Wicker, New Orleans, for applicant.

Mack Barham, Barham & Assoc., Margaret E. Woodward, New Orleans, for respondent.

COLE, Justice.[*]

This matter comes before the Court on the recommendation of the Louisiana Judiciary Commission that Judge Joel T. Chaisson be disciplined for alleged violations of Canons 1, 2, 4 and 7 of the Code of Judicial Conduct. The Commission's inquiries concerned Judge Chaisson's involvement in the post-trial settlement of a lawsuit brought by Irvin J. Carmouche, Jr. against the State of Louisiana; Judge Chaisson's role in Carmouche's retention of his son, Joel T. Chaisson, II, as Carmouche's attorney in a fee dispute; and Judge Chaisson's later real estate transaction with Carmouche. After a careful review of the evidence presented before the Commission and the applicable law, we conclude that Judge Chaisson's involvement in the settlement of the Carmouche lawsuit, while not proven by clear and convincing evidence to be actually improper, did create the "appearance of impropriety" in violation of Canon 2 of the Code of Judicial Conduct. Otherwise, we find Judge Chaisson's conduct not to be violative of the Code of Judicial Conduct.

I. ISSUES PRESENTED

In its Findings of Fact, Conclusions of Law and Recommendation, the Judiciary Commission found Chaisson guilty of three charges of misconduct and recommended that he be suspended from office for ninety (90) days without pay. The Commission's *261 conclusions and its recommended sanction form the basis for our review. See La. Const. Art. V, § 25(C). The following issues are raised by the proceedings below:

1) Whether Judge Chaisson's involvement in the ongoing settlement negotiations in the case entitled "Irvin J. Carmouche, Jr. v. State of Louisiana, Dept. of Transportation and Development" violated Canons 1, 2A., 2B., 4B. and 7A.(4) of the Code of Judicial Conduct;
2) Whether Judge Chaisson's involvement in Carmouche's retention of Joel T. Chaisson, II as his attorney in a fee dispute arising out of the lawsuit against the State violated Canons 1, 2A. and 2B. of the Code of Judicial Conduct;
3) Whether Judge Chaisson's involvement in a real estate transaction with Carmouche violated Canons 1, 2A. and 5C.(1) of the Code of Judicial Conduct; and
4) Whether Chaisson's violations of the Code of Judicial Conduct, if established, constitute "willful misconduct relating to his official duty," or "persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute" and therefore justify discipline under La. Const. Art. V, § 25(C) (1974).

II. FACTS

A brief overview of the sequence of events leading to the charges filed is necessary to place Judge Chaisson's conduct in perspective.[1]

On March 6, 1985, Irvin J. Carmouche, Jr. was awarded nearly $15,000,000 (not including interest) in damages by the 29th Judicial District Court for injuries received which rendered him a quadriplegic. The case was tried before another judge of the 29th Judicial District, not Judge Chaisson. The judgment was against the state and Carmouche's attorneys thereafter began negotiations with the state in an effort to structure a settlement. Any settlement reached would require a legislative act to appropriate funds for payment. Carmouche felt his attorneys were pressuring him to accept an unsatisfactory settlement proposal, using the deadline for introduction of legislation as reason for his immediate assent. Carmouche's sister, who knew Judge Chaisson and who knew he was a former legislator, called the judge to ask if bills could be introduced after the deadline. Judge Chaisson told her they could and, at the sister's request, he agreed to see Carmouche.

Judge Chaisson testifed he was moved to compassion by the sight of Carmouche. Carmouche was very ill at the time and he expressed concern that he would not live long enough to benefit from the annuity and the large medical trust his attorneys were recommending. Judge Chaisson expressed no opinion on the conduct of Carmouche's attorneys but he promised Carmouche he would check on the status of the settlement when he was in Baton Rouge relative to a judicial salary bill which was pending before the legislature.

While in Baton Rouge, Judge Chaisson spoke with Judge C. William Roberts, executive counsel to Governor Edwards, and Charles Patin, the Assistant Attorney General who was handling the settlement negotiations for the State. Both indicated Judge Chaisson inquired into the status of the settlement negotiations as a friend of the family and that he made no effort to influence the process. Representative Eddie Doucet testified he spoke with Judge Chaisson during the 1985 legislative session but does not recall Judge Chaisson seeking his support for the appropriation bill. Judge Chaisson communicated what he had learned to Carmouche who in turn passed the information on to his attorneys. The record shows Judge Chaisson never informed Carmouche's lawyers of his involvement. The case subsequently settled to Carmouche's satisfaction.

In September 1985, Carmouche became involved in a fee dispute with his attorneys. Carmouche called Judge Chaisson who informed him that he should seek legal advice on the problem. Carmouche consulted *262 his brother-in-law about a good local attorney, and he recommended Joel T. Chaisson, II, Judge Chaisson's son. Carmouche called Judge Chaisson and asked if he thought his son could handle the fee dispute litigation. Judge Chaisson told him he thought his son could handle the matter or associate additional counsel who could handle it. Judge Chaisson then introduced his son to Carmouche. After considerable litigation, the fee dispute was resolved in Carmouche's favor.

In December 1985, Judge Chaisson met Carmouche at a social function where the two of them discussed real estate investments. Carmouche subsequently bought one-half of Judge Chaisson's interest in a piece of property for $150,000.00. Joel T. Chaisson, II represented Carmouche in the sale. The property was subject to a collateral mortgage which was disclosed to Carmouche by Judge Chaisson. Carmouche's stipulated testimony is that he did not want the transaction recorded because he prefers to keep his business private. The risk from lack of recordation was explained to Carmouche by Joel T. Chaisson, II.

On February 3, 1987, counsel for the law firm which originally represented Carmouche reported Chaisson's conduct to the Judiciary Commission. After a preliminary hearing at which Judge Chaisson testified, the Judiciary Commission concluded a formal hearing was justified and brought formal charges against Judge Chaisson. After the formal hearing, the Commission issued written Findings of Fact, Conclusions of Law and a Recommendation that disciplinary action be taken. In this posture, the matter now stands before the Court.

III. ANALYSIS

Issue 1: Involvement in Settlement Negotiations

The record, particularly the testimony of Judge Chaisson himself, establishes that Judge Chaisson told Carmouche he would check on the status of the settlement when he was in Baton Rouge on other business.

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Bluebook (online)
549 So. 2d 259, 1989 WL 105101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-chaisson-la-1989.