In re Justice of the Peace Franklin

969 So. 2d 591, 2007 La. LEXIS 2599, 2007 WL 4171226
CourtSupreme Court of Louisiana
DecidedNovember 27, 2007
DocketNo. 2007-O-1425
StatusPublished
Cited by10 cases

This text of 969 So. 2d 591 (In re Justice of the Peace Franklin) 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 Franklin, 969 So. 2d 591, 2007 La. LEXIS 2599, 2007 WL 4171226 (La. 2007).

Opinion

TRAYLOR, Justice.

I ]This judicial discipline matter comes before the court on the recommendation of the Judiciary Commission of Louisiana (hereinafter “Commission”), a constitutional body charged with initiating disciplinary action against a judge, that Veronica Franklin, Justice of the Peace for Ward 2, [593]*593Parish of St. Helena, be removed from office and ordered to reimburse the Commission the costs incurred in the investigation and prosecution of the case.

After conducting an investigation, the Commission filed a formal charge against Justice of the Peace Franklin, finding that she violated Article 5, § 25(C) of the 1974 Louisiana Constitution and Canons 1, 2, 3A(1) and 3A(7) of the Code of Judicial Conduct: (1) by failing to schedule and conduct hearings in two matters filed in her court; (2) by issuing judgments in both matters despite never having conducted a hearing; (3) by failing to notify, provide for, or arrange service of process of the suits filed with regard to the defendants in these matters; (4) by failing to notify, provide for,- or arrange service of process of the judgments rendered with regard to either party in these two matters; and (5) by failing to communicate with the plaintiff regarding.both of these suits.

After a thorough review of the facts and law in this matter, and considering Justice of the Peace Franklin’s failure to cooperate with the Commission’s investigation, we find clear and convincing evidence sufficient to support the charge | gfiled against Justice of the Peace Franklin. We agree with the Commission’s recommendation that Justice of the Peace Franklin be removed from office and ordered to reimburse and pay to the Commission the amount of $352.16 in costs.

FACTS AND PROCEDURAL HISTORY BEFORE THE COMMISSION1

Justice of the Peace Franklin was elected to the judicial bench on October 23, 2002 and assumed the office of Justice of the Peace for Ward 2 in St. Helena Parish on January 1, 2003. She has served continually since that time. This disciplinary action was initiated against the respondent upon receipt by the Commission of a complaint filed in January 2005 by Mr. Chad Wild, the manager of Advantage Financial Services (“Advantage”), a consumer loan company. Mr. Wild filed the complaint against respondent on behalf of the company.

The complaint alleged that, despite Advantage’s filing of two separate suits in respondent’s court against two of its borrowers in October 2004, “Advantage Financial Services v. Davis” and “Advantage Financial Services v. Cain,” Justice of the Peace Franklin failed to set hearings or issue judgments in either action. The complaint additionally alleged that Mr. Wild was consistently unable to contact .respondent in reference to the matters in her court.

On January 27, 2005, the Office of Special Counsel to the Commission (“OSC”) forwarded Mr. Wild’s complaint to respondent. for a response. Justice of the Peace Franklin failed to respond to this initial inquiry into the complaint. Thereafter, OSC sent a second letter extending the deadline for responding. Justice of the Peace Franklin’s response to that request was one day late. In a letter received by OSC on March 2, 2005 but dated March 1, 2005, respondent answered the complaint and denied any misconduct with the following:

I Veronica Scott Franklin didn’t refuse to do anything. Here is a copy of my constable return section, that the paper was served.
I also received a telephone phone call that was left on my answer service from Chad E. Wallace [sic] from Advantage [594]*594Financial Service [sic] the cases of Patricia Davis and Chelis Cain.
He also made another telephone call telling me to wait, because I have other jobs which make me very busy.

Attached to respondent’s correspondence were copies of the constable’s returns in the Cain and Davis cases.

By letter dated November 8, 2005, the Commission informed respondent of the investigation which had been authorized into this complaint. On November 21, 2005, OSC sent a certified letter to Justice of the Peace Franklin, requesting she provide to them complete and certified records for the Davis and Cain matters. The letter was returned to OSC, undelivered after three attempts. As Justice of the Peace Franklin failed to respond to the informal request, OSC sought a subpoena duces tecum for the records, which was duly issued on January 6, 2006 and served upon respondent on January 18, 2006.

In her response to the subpoena, which was two days beyond the deadline, respondent provided the OSC with two service returns, two judgments, and one check stub showing Advantage had paid her a total of $160- in filing fees for the Davis and Cain cases. There was no certification as to the authenticity or completeness of the documents provided.

Notably, however, the constable’s service returns provided by respondent in response to the subpoena duces tecum were not the same as those which respondent |4had provided with her initial response to the complaint. In addition, the ease records respondent supplied also contained judgments dated November 19, 2004 against both defendants in favor of Advantage. The judgments reflected that trials had been conducted and that both parties had appeared in court at the hour fixed for trial; in fact, however, as will be discussed in more detail below, no trial had been conducted in either case.

As part of its investigation, OSC, subpoenaed Justice of the Peace Franklin to give a sworn statement on August 15, 2006 at 11:00 a.m. Respondent did not appear until 12:10 p.m., and the proceeding did not begin until approximately 12:43 p.m., since the court reporter had to be recalled. Respondent failed to bring with her to the deposition the complete records pertaining to the Davis and Cain matters.

In her sworn statement, Justice of the Peace Franklin stated that the Davis and Cain matters may have been the first cases she handled where the parties themselves did not contact her and she was expected to contact them. When asked about the discrepancies between the service returns, respondent testified that there was “something else in between this,” and stating she may have further documents in her file. Although she promised to send the complete files to the Commission, she has never produced the documents.

With regard to the Davis matter, respondent testified that Ms. Davis was served with a copy of the petition but that Ms. Davis was not served with anything thereafter because Ms. Davis left her employment which was within the geographical boundaries of the respondent’s ward. Respondent then contradicted herself and testified that Ms. Davis obtained a copy of the judgment, although she had no service return with her to substantiate the claim. The service return which respondent sent to the Commission, and which purported to show service of the judgment, was dated Isprior to the date of the judgment. When questioned about this, respondent explained that the service return she sent must have been for the petition and that the service return for the judgment must [595]*595be either in her file or she had not obtained it yet from her constable.

When asked during her sworn statement whether a copy of the judgment in the Davis case was ever served on Advantage, respondent replied that her constable would not serve Advantage because its office was located outside of the ward.

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Bluebook (online)
969 So. 2d 591, 2007 La. LEXIS 2599, 2007 WL 4171226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-justice-of-the-peace-franklin-la-2007.