In Re Harris

713 So. 2d 1138, 1998 WL 381701
Supreme Court of Louisiana·Decided July 8, 1998·No. 98-O-0570·Published·Cited by 17 cases

Opinion

713 So.2d 1138 (1998)

In re Judge Sharah HARRIS formerly known as Sharah Mulmore.

No. 98-O-0570.

Supreme Court of Louisiana.

July 8, 1998.

Steven Robert Scheckman, New Orleans, for Applicant.

J.J. McKernan, Ernest L. Johnson, Baton Rouge, Sharah Harris Mulmore, Plaquemine, Gordon J. McKernan, Baton Rouge, for Respondent.

Nancy E. Rix, Hugh M. Collins, Ph.D., New Orleans, for Judiciary Commission.

KNOLL, Justice.[*]

This judicial disciplinary proceeding involves the conduct of a trial court judge who sentenced a felon to a term of imprisonment and later, after his parole, engaged in an extramarital affair with him. This intimate association with a convicted felon from her court became known in the community and was subsequently reported in a news article when it became an issue in the trial judge's divorce proceedings.

The recommendation of the Judiciary Commission of Louisiana to this Court is that Respondent, Judge Sharah Harris, formerly *1139 known as Sharah Mulmore,[1] be suspended for a period of sixty days without pay from the office of Judge of the 18 th Judicial District Court and ordered to reimburse the Judiciary Commission for the costs incurred in the investigation and prosecution of this case. The Judiciary Commission conducted an investigatory hearing, made findings of fact and law, and determined that Judge Harris violated Canons 1[2] and 2[3] of the Code of Judicial Conduct of 1976 and La. Const. art. V, § 25. Judge Harris acknowledged her wrongdoing in her hearing before the Judiciary Commission and concurred in its recommendation of discipline. After reviewing the record before us, we find that the charge against Judge Harris is supported by clear and convincing evidence, and that a 60-day suspension without pay is warranted.

FACTS

In lieu of a formal hearing, Judge Harris and the Special Counsel for the Judiciary Commission entered into a stipulation of fact. In its recommendation to this Court, the Judiciary Commission adopted a substantial part of these stipulated facts, as well as providing several additional facts determined through its investigation.

On October 30, 1992, Judge Harris assumed the office of judge for the Eighteenth Judicial District Court for the Parishes of Iberville, Pointe Coupee, and West Baton Rouge. Subsequently, on June 21, 1993, Judge Harris sentenced Rodney Jones to five years with the Louisiana Department of Corrections for armed robbery. Although La. R.S. 14:64 requires that imprisonment for armed robbery be served "without benefit of parole, probation or suspension of sentence," Judge Harris admitted to the Judiciary Commission that she erroneously imposed sentence without these restrictions. As advanced by Judge Harris, no one brought the sentencing error to her attention.[4]

Rodney Jones was released from prison on parole on December 19, 1994.[5] The following month, Jones contacted Judge Harris and shortly thereafter the two began a sixteen month extramarital intimate sexual relationship. During that relationship, telephone records establish that Judge Harris called or attempted to call Jones on at least 180 occasions. Sometime in March of 1996, the relationship between Judge Harris and Jones terminated. Although not stipulated to, the Judiciary Commission found that Judge Harris telephoned Jones after April of 1996 on relatively few occasions.

Thereafter, from May 17, 1996, through May 28, 1996, Jones violated his parole by allegedly engaging in a crime spree in East Baton Rouge Parish, including car theft, burglary of an inhabited dwelling, and armed robberies of two fast food outlets and a shoe store. On July 16, 1996, Jones admitted he was in violation of his parole, i.e., engaging in criminal conduct and possessing a firearm or dangerous weapon. Accordingly, on October 23, 1996, Jones was found guilty of violating his parole and, effective July 16, 1996, his parole was revoked. He is now serving the *1140 remainder of the five year sentence Judge Harris first imposed in 1993.[6]

Based upon the record before it, the Judiciary Commission made the following findings:

• The relationship between Judge Harris and Jones occurred during the time Jones was on parole from the five-year sentence Judge Harris imposed.
• From January 1995 through April 1996, Judge Harris associated, socialized and was intimately involved with a known convicted felon.
• Judge Harris' ex-husband, Wade Mulmore, persuaded Judge Harris to admit her relationship with Jones, and secretly recorded that admission. Thereafter, Mr. Mulmore disseminated a transcript of that recording to law enforcement officials.
• Judge Harris exhibited "genuine recognition of the inappropriateness of her actions with Rodney Jones," and the Commission believed she was sincere in expressing genuine remorse about her inappropriate and injudicious liaison and that similar conduct will not be repeated in the future.

LAW

This Court has original jurisdiction in judicial disciplinary proceedings. La. Const. Art. V, § 25(C). Therefore, this Court has the power to make original determinations of fact based upon the evidence in the record and is not bound by the findings and recommendations of the Judiciary Commission. The grounds for disciplinary action against a judge are set forth in La. Const. art. V, § 25(C), which provides:

On recommendation of the judiciary commission, the supreme court may censure, suspend with or without salary, remove from office, or retire involuntarily a judge for willful misconduct relating to his official duty, willful and persistent failure to perform his duty, persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute, conduct while in office which would constitute a felony, or conviction of a felony.

Under our supervisory authority over all lower courts, this Court adopted the Code of Judicial Conduct, effective January 1, 1976. This Code of Judicial Conduct is binding on all judges, and violations of the Canons contained therein may serve as the basis for the disciplinary action provided for by La. Const. art. V, § 25(C). In re Decuir, 95-0056 (La.5/22/95), 654 So.2d 687. A violation of the Code of Judicial Conduct must be proven by clear and convincing evidence. In re Huckaby, 95-0041 (La.5/22/95), 656 So.2d 292.

In In re Johnson, 96-1866 (La.11/25/96), 683 So.2d 1196, we applied the clear and convincing standard of proof to a case where the judge and Special Counsel for the Judiciary Commission entered into a stipulation of facts which was later adopted, with the supporting exhibits, by the Judiciary Commission in its findings of fact and conclusions of law. There we stated:

Judge Johnson has admitted to all the facts necessary to determine whether he violated the Code of Judicial Conduct in the Statement of Uncontested Material Facts jointly submitted by all parties and accepted by the Commission ... Because Judge Johnson agreed to stipulations encapsulating the essence of ethical violations,... our inquiry as to Johnson's violations of these Canons is at an en

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