In Re Decuir

654 So. 2d 687, 1995 WL 312472
CourtSupreme Court of Louisiana
DecidedMay 22, 1995
Docket95-O-0056
StatusPublished
Cited by38 cases

This text of 654 So. 2d 687 (In Re Decuir) 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 Decuir, 654 So. 2d 687, 1995 WL 312472 (La. 1995).

Opinion

654 So.2d 687 (1995)

In re Oswald A. DECUIR.

No. 95-O-0056.

Supreme Court of Louisiana.

May 22, 1995.

*688 Nancy C. Chachere, Steven R. Scheckman, Hugh M. Collins, for applicant.

Oswald A. Decuir, Harry S. Hardin, III, for defendant.

VICTORY, Justice.[1]

This is a disciplinary proceeding against Judge Oswald A. Decuir, Court of Appeal, Louisiana Third Circuit. The Judiciary Commission of Louisiana (the "Commission") conducted a hearing, issued findings of fact and conclusions of law, and recommended public censure for violating Canons 1, 2, 2 A, 2 B and 3 B(2) of the Code of Judicial Conduct, and the Campaign Finance Disclosure Act, La.R.S. 18:1481, et seq. La. Const. art. V, § 25(C). After reviewing the record before us, we conclude that the charges are supported by clear and convincing evidence, and that public censure is warranted.

FACTS AND PROCEDURAL HISTORY

Judge Decuir was elected to the Louisiana Third Circuit Court of Appeal in 1992, and assumed office on October 30, 1992. Sometime thereafter, complaints of judicial misconduct were lodged against him with the Commission. Upon inquiry, it was determined that the allegations were well founded and not frivolous, and a preliminary investigation was conducted to determine whether a hearing should be held on the question of discipline. Supreme Court Rule 23, Section 3(a). After investigating the matter, the Commission concluded that a hearing should be held, and a formal complaint was lodged against Judge Decuir.

Prior to the hearing before the Commission, special counsel to the Commission and Judge Decuir agreed, in lieu of conducting a full evidentiary hearing, to stipulate to the *689 facts surrounding each of the charges. Judge Decuir admitted that the stipulated facts constituted violations of the Code of Judicial Conduct and the Campaign Finance Act. However, he reserved his right to have the Commission review the misconduct and recommend appropriate punishment.

Pursuant to this agreement, Judge Decuir and special counsel to the Commission filed several documents into evidence at the December 15, 1994 hearing, including a "Supplemental and Amending Complaint," filed by special counsel to the Commission; an "Answer to the Supplemental and Amending Complaint," filed by Judge Decuir; and a document entitled "Factual Basis," jointly filed by special counsel to the Commission and Judge Decuir, setting forth the stipulated facts. After considering the evidence contained in the documents described above, the Commission issued written findings of fact and conclusions of law, which were substantially based upon the "Factual Basis" jointly filed by Judge Decuir and special counsel to the Commission. The following information may be gleaned from the foregoing evidentiary filings and the Commission's findings:

CHARGE I

A. For approximately eight months after first taking judicial office, JUDGE OSWALD A. DECUIR allowed his former law partner to use and/or share the Court of Appeal, Third Circuit's secretary/receptionist, telephone system, post office box, office supplies and law library.
B. By reason of the foregoing Section A, you have:
(1) Violated Canons 1 and 2 of the Code of Judicial Conduct, adopted by the Supreme Court of Louisiana, effective January 1, 1976.
STATEMENT IN MITIGATION [By Judge Decuir]: For approximately three months after taking judicial office, Judge Oswald A. Decuir was not provided equipment or supplies by the Third Circuit Court of Appeal. Judge Decuir, during that time, used the office supplies and telephone system he previously purchased while with his former law firm, at no charge to the Third Circuit Court of Appeal. It was Judge Decuir's intent to allow reimbursement to his former law firm, in kind, on the honor system, however, an accurate accounting was not maintained. Though the common usage of the secretary/receptionist, telephone system, post office box, office supplies and law library gave an appearance of impropriety, the practice has been discontinued and Judge Decuir's previous law firm has since re-located to another building separate and apart from the location of his Third Circuit Court of Appeal satellite office.
A. Findings of Fact [By the Commission]
1. Prior to assuming judicial office Oswald A. Decuir's law office was located at 327 Iberia St., New Iberia and the Post Office Box was 10505, New Iberia. Upon taking office Judge Decuir located his office for the Third Circuit Court of Appeal at the same location, namely 327 Iberia St., New Iberia and continued to utilize post office box 10505. His former law partner moved his office directly across the hall at 327 Iberia St., New Iberia. For a period of approximately eight months, his former law partner continued to utilize the same post office box for receipt of mail, and Judge Decuir and his former law partner's respective letterheads so indicated the identical post office box. For approximately eight months the former law partner was also provided with, and allowed to use and share, the Court's telephone system, secretary/receptionist, office supplies and library.
B. Conclusions of Law [By the Commission]
1. Relative to CHARGE I, violated Canons 1 and 2 of the Code of Judicial Conduct, adopted by the Supreme Court of Louisiana, effective January 1, 1976.[2]

*690 CHARGE II

A. Cash contributions from an August 14, 1992 fundraiser, in the total amount of $2,300.00, were accepted by JUDGE OSWALD DECUIR during his campaign for judge for the Third Circuit, Court of Appeal. JUDGE OSWALD A. DECUIR failed in the proper supervision and reporting of the contributions on his campaign finance report, entitled "Candidate's Report," dated September 3, 1992 as required by the Campaign Finance Disclosure Act.
B. By reason of the foregoing Section A, you have:
(1) Failed to comply with the Campaign Finance Disclosure Act, LSA-R.S. 18:1481, et seq.; and,
(2) Violated Canons 2A, 3B(2) of the Code of Judicial Conduct, adopted by the Supreme Court of Louisiana, effective January 1, 1976.
STATEMENT IN MITIGATION [By Judge Decuir]: Upon discovery of the cash contributions Judge Decuir retained an attorney and met with an attorney for the Ethics and Campaign Finance Commission. At the time, it was Judge Decuir's opinion that his records did not contain sufficient documentation of each cash contribution. As a result Judge Decuir and the attorney for the Commission agreed that the proper course of action was for him to turn the money over to the State Treasury, which he did on June 30, 1993. After that date Judge Decuir has been advised that records were available which provided sufficient documentation of the contributions, which would have allowed him to amend his Candidate's Report, had he not already ceded the money to the State. Judge Decuir will closely supervise and personally verify the completeness and accuracy of all future Candidate's Reports.
A. Findings of Fact [By the Commission]
2. Judge Oswald A. Decuir filed a Candidate's Report dated September 3, 1992 as required by the Campaign Finance Disclosure Act, LSA-R.S. 18:1481, et seq.

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Bluebook (online)
654 So. 2d 687, 1995 WL 312472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-decuir-la-1995.