In Re Justice of the Peace Alfonso

957 So. 2d 121, 2007 La. LEXIS 1243, 2007 WL 1472003
CourtSupreme Court of Louisiana
DecidedMay 22, 2007
Docket2007-O-0120
StatusPublished
Cited by14 cases

This text of 957 So. 2d 121 (In Re Justice of the Peace Alfonso) 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 the Peace Alfonso, 957 So. 2d 121, 2007 La. LEXIS 1243, 2007 WL 1472003 (La. 2007).

Opinion

957 So.2d 121 (2007)

In re JUSTICE OF THE PEACE Myrty ALFONSO.

No. 2007-O-0120.

Supreme Court of Louisiana.

May 22, 2007.

WEIMER, J.

This disciplinary proceeding was instituted by the Judiciary Commission of Louisiana (Commission) against Justice of the Peace Myrty Alfonso (JP Alfonso), District K, Parish of St. Bernard, State of Louisiana. A complaint was filed with the Office of Special Counsel (OSC) by a neighbor of JP Alfonso alleging that he had been wrongfully arrested pursuant to a warrant issued by her.

*122 FACTUAL AND PROCEDURAL BACKGROUND

In 1990, JP Alfonso assumed the office of justice of the peace and served a six-year term. After sitting out a term, she was elected again in 2002.

JP Alfonso stipulated to the facts which are not in dispute. On April 27, 2004, she issued a warrant for the arrest of Larry Thedens for DWI, contributing to the delinquency of a juvenile, disturbing the peace, and extortion. The arrest warrant was based upon complaints made by her neighbors, the Nunezes.[1] However, Thedens claimed the complaints failed to establish probable cause that he had committed the crimes for which the arrest warrant was issued. Following the arrest, bond was set by JP Alfonso at $50,000, allegedly an unreasonable amount considering the crimes for which Thedens had been arrested. Thedens was held in jail overnight before District Judge Manuel Fernandez reduced the bond to $5,000. In February 2005, the St. Bernard Parish District Attorney's office drafted a letter stating that, based upon the arrest warrant, there were insufficient facts to support the charges against Thedens.

In June 2004, Thedens filed a complaint against JP Alfonso with the OSC. She replied to the complaint and generally denied the allegations.

On November 10, 2005, the Commission filed Formal Charge 0260 against JP Alfonso, alleging she violated the Code of Judicial Conduct, particularly: Canon 1 providing that a judge shall uphold the integrity and independence of the judiciary; Canon 2A providing that a judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary; Canon 2 B providing that a judge shall not allow family, social, political, or other relationships to influence judicial conduct or judgment, nor shall a judge lend the prestige of the judicial office to advance the private interest of the judge or others; Canon 3 A(1) providing that a judge shall be faithful to the law and maintain professional competence in the law; Canon 3 A(3) providing that a judge shall be patient, dignified, and courteous to litigants and others with whom the judge deals in an official capacity; Canon 3 A(4) providing that a judge shall perform judicial duties without bias or prejudice; and Canon 3 C providing that a judge should disqualify herself in a proceeding in which the judge's impartiality might reasonably be questioned and shall disqualify herself in a proceeding in which disqualification is required by law or applicable Supreme Court rule.

The Commission further alleged that JP Alfonso engaged in willful misconduct relating to her 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 LSA-Const. art. V, § 25(C).[2]

*123 On July 20, 2006, JP Alfonso and the OSC jointly filed a "Statement of Stipulated Uncontested Material Facts, Stipulated Conclusions of Law, and Stipulated Recommendation of Discipline." JP Alfonso stipulated that her judicial actions were the result of bias and prejudice against Thedens and bias in favor of her neighbors who complained about him. Thus, JP Alfonso admitted the facts as set forth above and that she violated the Code of Judicial Conduct as charged in the formal charge; however, she did not agree that she violated LSA-Const. art. V, § 25(C). Furthermore, the parties stipulated that JP Alfonso's conduct rose to the level of sanctionable ethical misconduct warranting a referral to this court by the Commission, and that the recommended sanction should be a public censure.

The stipulation between the parties also addresses a prior complaint involving JP Alfonso,[3] alleging that she was paid $80 for the filing of a lawsuit, but never contacted the complainant concerning the suit. The complainant further alleged that JP Alfonso would not return his telephone calls, nor would she refund the money paid. The complainant was told that the judgment had been rendered; however, he did not receive a copy of the judgment. In October 2004, File No. 03-3733 was closed and a letter of caution was issued to JP Alfonso by the Commission.

The Commission conducted a brief hearing on the Formal Charge 0260 on December 1, 2006. In response to the questions of Commission members, JP Alfonso pledged that she will not repeat the kind of judicial conduct that she engaged in with regard to Thedens. She testified that she will be unbiased in the future.

FINDINGS AND RECOMMENDATION OF THE COMMISSION

The Commission accepted JP Alfonso's stipulation that she violated the Code of Judicial Conduct as charged in the formal charge. The Commission also found that JP Alfonso violated LSA-Const. art. V, § 25(C), as charged.

The Commission noted this court has set forth a non-exclusive list of factors a court may consider in imposing discipline on a judge. In re: Chaisson, 549 So.2d 259 (La.1989), citing Matter of Deming, 108 Wash.2d 82, 736 P.2d 639, 659 (1987). This court specified the following considerations:

(a) whether the misconduct is an isolated instance or evidenced a pattern of conduct; (b) the nature, extent and frequency of occurrence of the acts of misconduct; (c) whether the misconduct occurred in or out of the courtroom; (d) whether the misconduct occurred in the judge's official capacity or in his private life; (e) whether the judge has acknowledged or recognized that the acts occurred; (f) whether the judge has evidenced an effort to change or modify his conduct; (g) the length of service on the bench; (h) whether there have been prior complaints about this judge; (i) the effect the misconduct has upon the integrity of and respect for the judiciary; and (j) the extent to which the judge exploited his position to satisfy his personal desires.

Chaisson, 549 So.2d at 266.

In recommending discipline in the instant case, the Commission looked to the *124 Chaisson factors and made several conclusions. JP Alfonso's misconduct concerned one incident — the Nunez complaint about Thedens and his subsequent arrest due to her improper actions. Her misconduct occurred in the performance of her judicial duties. JP Alfonso entered into an extensive stipulation of facts, evidence, and conclusions of law regarding the Thedens case, and she committed to the Commission that in the future she would not take judicial action based upon her prior observations of an individual. Her testimony was that she would modify her behavior in the future. JP Alfonso first took the bench in December 1990. The arrest of Thedens, based upon an affidavit insufficient to support an arrest, occurred in April 2004. Accordingly, she was not new to the bench when the criticized conduct occurred. In fact, she had completed one full six-year term and was in the second year of another term at the time of the misconduct.

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Bluebook (online)
957 So. 2d 121, 2007 La. LEXIS 1243, 2007 WL 1472003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-justice-of-the-peace-alfonso-la-2007.