In Re Justice of Peace Cook

906 So. 2d 420, 2005 WL 1528694
CourtSupreme Court of Louisiana
DecidedJune 29, 2005
Docket2005-O-0783
StatusPublished
Cited by9 cases

This text of 906 So. 2d 420 (In Re Justice of Peace Cook) 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 Justice of Peace Cook, 906 So. 2d 420, 2005 WL 1528694 (La. 2005).

Opinion

906 So.2d 420 (2005)

In re JUSTICE OF the PEACE Wade COOK, Justice of the Peace Court District 1, Parish of Sabine, State of Louisiana.

No. 2005-O-0783.

Supreme Court of Louisiana.

June 29, 2005.

*421 Office of Special Counsel, Steven Robert Scheckman, Mary Frances Whitney, for Judiciary Commission.

Wade Cook, pro se.

Nancy E. Rix, New Orleans, Commission Counsel.

ON RECOMMENDATION FOR DISCIPLINE FROM THE JUDICIARY COMMISSION OF LOUISIANA.

CALOGERO, Chief Justice.

This matter comes before the court on the recommendation of the Judiciary Commission of Louisiana that Wade Cook, Justice of the Peace for Justice of the Peace Court District 1, Parish of Sabine, be removed from judicial office and ordered to reimburse the Commission the costs incurred in the investigation and prosecution of this judge discipline case. The Judiciary Commission conducted an investigatory hearing, made findings of fact and conclusions of law, and determined that respondent violated Article V, § 25(C) of the 1974 Louisiana Constitution and Canons 1 and 2(A) of the Code of Judicial Conduct by failing to attend mandatory justice of the peace training provided by the Louisiana Attorney General from 1995 to 2003, as required by La.Rev.Stat. 49:251.1 and La. Rev.Stat. 13:2589, and, thereafter, by failing to attend the special justice of the peace training course held on August 26-27, 2004.[1]

After reviewing the record, we find the charge against Justice of the Peace Cook *422 is supported by clear and convincing evidence. Furthermore, there was potentially serious harm to the public as a result of Justice of the Peace Cook's complete failure to attend justice of the peace training courses, and thereby maintain a minimum of competency and currentness in the law and his legal duties. In light of the minimal prospect of Justice of the Peace Cook revising his conduct and commencing his compliance with clear statutory provisions by attending justice of the peace training courses in the future, the risk of further harm to the judiciary and the general public should he remain in office is such that we agree with the Judiciary Commission that Justice of the Peace Cook's misconduct warrants removal from judicial office.

FORMAL CHARGE AND JUDICIARY COMMISSION FINDINGS

In Formal Charge No. 0229, as supplemented and amended, the Judiciary Commission alleges that Justice of the Peace Cook assumed office in 1994 and, since then, has never attended mandatory justice of the peace training required by La. Rev.Stat. 49:251.1 and La.Rev.Stat. 13:2589. The Commission next alleges that Justice of the Peace Cook failed to respond to a letter of inquiry from the Office of Special Counsel dated June 26, 2003. The Commission also alleges that Justice of the Peace Cook was informed by the Office of the Attorney General by letter dated April 13, 2004, that its records showed that he had not attended the required training course within the prior two years. The Commission next alleges that, though both the Commission, by letter dated May 12, 2004, and the Attorney General, by letter dated May 24, 2004, informed Justice of the Peace Cook of a special training course for those justices of the peace who had not complied with the mandatory training requirements, Justice of the Peace Cook failed to attend the special training course conducted August 26-27, *423 2004. Finally, the Commission charged that Justice of the Peace Cook violated Canons 1, 2A, 3A(1), and 3A(2)[2] of the Code of Judicial Conduct; that he engaged in willful misconduct relating to his official duty in violation of La. Const. art. V, § 25(C).

Though he was served with notice of the formal charge and the hearing before the Judiciary Commission, as well as a subpoena commanding his appearance, Justice of the Peace Cook failed to appear at the hearing. After receiving the testimony of Ms. Elizabeth "Libby" Noto, the training and education coordinator for the Office of the Attorney General, and various exhibits showing that Justice of the Peace Cook had been notified of his violation of the mandatory training requirement, as well as the opportunity for a "make-up" session, the Commission found the factual allegations in the charge had been established by clear and convincing evidence. The Commission specifically found that Justice of the Peace Cook did not attend any training courses pursuant to La.Rev. Stat. 49:251.1 and La.Rev.Stat. 13:2589 during the period of time in which the Attorney General's Office was keeping attendance reports and that respondent did not attend the special course conducted in August 2004. The Commission concluded that Justice of the Peace Cook's failure to attend these training sessions violated Canons 1 and 2A of the Code of Judicial Conduct and La. Const. art. V, § 25(C).[3] As for a sanction for this misconduct, the Commission recommended that Justice of the Peace Cook be removed from judicial office and be ordered to pay $129.50 in costs.

DISCUSSION

Article V, § 25(C) of the 1974 Louisiana Constitution provides the substantive grounds for disciplinary action against a judge:

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 *424 while in office which would constitute a felony, or conviction of a felony.

The Code of Judicial Conduct adopted by this court in 1976 under its supervisory authority supplements the Constitution's substantive grounds for disciplinary action against a judge. See In re: Babineaux, 346 So.2d 676, 678 (La. 1977). The Code is binding on all judges, including justices of the peace. In re: Wilkes, 403 So.2d 35, 40 (La.1981). Violations of the Canons provided by this Code can serve as a basis for the disciplinary action provided for by Article V, § 25(C) of the Constitution. In re: McInnis, 00-1026, p. 1 n. 2 (La.10/17/00), 769 So.2d 1186, 1188 n. 2. Furthermore, a Justice of the Peace is governed by the same constitutions and laws that govern all courts and judges of this state, and is bound to apply the law as written by the legislature and construed by the various courts. Wilkes, 403 So.2d at 44. That he is a layman untrained in the law does not relieve him of his responsibility to follow the rule of law. Id.

Justice of the Peace Cook was elected in October 1994 to serve the remainder of the unexpired term of Justice of the Peace Steven L.

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Bluebook (online)
906 So. 2d 420, 2005 WL 1528694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-justice-of-peace-cook-la-2005.