In Re: Justice of the Peace J. Roosevelt Gremillion District Seven Parish of Pointe Coupee State of Louisiana

204 So. 3d 183, 2016 La. LEXIS 1568
CourtSupreme Court of Louisiana
DecidedJune 29, 2016
Docket2016-O -0054
StatusPublished

This text of 204 So. 3d 183 (In Re: Justice of the Peace J. Roosevelt Gremillion District Seven Parish of Pointe Coupee State of Louisiana) 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 J. Roosevelt Gremillion District Seven Parish of Pointe Coupee State of Louisiana, 204 So. 3d 183, 2016 La. LEXIS 1568 (La. 2016).

Opinions

- GUIDRY, J.

11 This matter comes before the court on recommendation of the Judiciary Commission of Louisiana that respondent, Justice of the Peace J. Roosevelt Gremillion, District Seven, Parish of Pointe Coupee, State of Louisiana, be removed from office and ordered to reimburse to the Judiciary Commission and the Office of Special Counsel the costs incurred in the investigation and prosecution of this case. After conducting an investigation, the Judiciary Commission filed a formal charge against Justice of the Peace Gremillion alleging that he violated Canons 1, 2 A; 2 B, 3 A(l), 3 A(4), and 3 A(7) of the Code of Judicial Conduct and engaged in willful'misconduct relating to his official duty and persistent and public: conduct prejudicial to the administration of justice that brings the judicial office into disrepute in violation of La. Const, art. V, § 25 C (1974).1 More specifically, the formal charge alleged that Justice of the Peace Gremillion |2rendered a judgment without giving the defendants a meaningful opportunity to be heard, without requiring the plaintiff to present any evidence or sworn testimony, and without giving the defendants written notice of the judgment against them; displayed bias or prejudice throughout the proceedings in favor of the creditor and/or against the defendants’ efforts to defend the claim against them; notarized power of attorney forms when the purported affiants did not appear before him, swear out an oath, or sign the forms in his presence; and used a notary stamp that gave the incorrect impression- he is an attorney. After a thorough review of the. facts and law in this matter, including the stipulations of material facts and conclusions of law entered into by the respondent and the Office of [186]*186Special Counsel, we find clear and convincing evidence' sufficient to support the charge filed against Justice of the Peace Gremillion. . We agree with -the Judiciary-Commission’s recommendation of discipline that Justice of the Peace Gremillion be removed from office and ordered to reimburse and pay to the Commission the amount of $1,547.43.

FACTS and PROCEDURAL HISTORY

Justice of the Peace Gremillion (hereinafter “respondent”) and the Office of Special Counsel to the Judiciary Commission entered into a stipulation of facts, in which the respondent admitted the factual allegations contained in Formal Charge No. 0339. -Respondent and the Office of Special Counsel also entered into stipulated conclusions of law, in which respondent stipulated that his conduct violated Canons 1, 2 A, 2 B, 3 A(l), 3 A(4), and 3 A(7) of the Code of Judicial Conduct and Article V, Section 25(C) of the Louisiana Constitution.

Respondent was first elected to the office of Justice of the Peace, District 7, Parish of Pointe Coupee, in 2002, and he has served continuously since that time. ^Respondent is not an attorney at law. In addition to being an ex officio notary public by virtue of his position as a justice of the peace, respondent is a Louisiana licensed notary public, ID number 53791.

Respondent stipulated that he impermis-sibly rendered a monetary judgment against Sharon Smith and Joseph Smith, without holding a hearing or giving the Smiths a meaningful opportunity to be heard. More specifically, in 2011, LenCo Finance of New Roads (“LenCo”) filed a collection suit in respondent’s court against the Smiths, seeking the balance due on two promissory notes. On August 4, 2011, respondent issued and caused to be served' a citation and statement of claim to Mr. and Mrs. Smith. The Smiths were served, and shortly thereafter, Mrs. Smith visited respondent’s office and advised him that she had an attorney and wished to have a hearing on LenCo’s claim. Mrs. Smith was upset and clearly was contesting Len-Co’s claim.

Respondent did not issue a written notice of trial but informed Mrs. Smith that a hearing would be held on August 11, 2011. Sometime before the scheduled hearing, an attorney called respondent and requested a continuance on Mrs. Smith’s behalf. Respondent continued the hearing, but told the attorney to put the request for a continuance in writing, although written pleadings are not required in justice of the peace court.2 After granting the continuance, respondent did not reset the matter for hearing or issue a written notice of trial. On August 13, 2011, within |4ten days of service of citation, Mrs. Smith filed a written answer to LenCo’s suit, stating: “I do not owe the plaintiff any part of what he claims.”3

On August 16, 2011, the manager of LenCo presented respondent with the promissory notes signed by the Smiths and documents reflecting how much the Smiths owed on their loans. Without conducting a hearing and without requiring LenCo to present any evidence or sworn testimony, respondent then rendered a judgment against Mr. and Mrs. Smith for the sum of [187]*187$1,232.58 in principal, plus $2,704.32 in accumulated interest. The LenCo manager’s statements to respondent, however, were not made under oath, nor was prima facie proof submitted by sworn affidavit.4 The judgment stated the defendant “filed his Confession of Judgment, wherein he authorized and consented that judgment be entered in favor of the plaintiff,” despite the fact that respondent knew Mrs. Smith contested the claim and wanted a hearing. Moreover, the Smiths had been paying on their loans for a number of years, and Mrs. Smith had receipts showing some of their payments. When respondent rendered the judgment in favor of LenCo and against the Smiths, he did not give the Smiths an opportunity to present their documentary evidence and testimony in defense of the claim. Furthermore, respondent failed to give Mr. and Mrs. Smith written notice of the judgment against them, as required by La. hCode Civ. P. art. 4922.5 Mrs. Smith did not receive a copy of the judgment until her vehicles were repossessed two months after the judgment was signed.

Respondent also stipulated that he improperly notarized power of attorney forms when the purported affiants, the Smiths, did not appear before him, swear out an oath, or sign the power of attorney forms in his presence. As the Commission noted, respondent notarized these forms as a private notary public rather than in his ex officio capacity.

Specifically, in October 2011, at the request of LenCo, respondent notarized power of attornéy forms allegedly signed by either Mr. or Mrs. Smith, naming LenCo as his/her attorney-in-fact to exercise any rights as “owner” to three vehicles that served as collateral for the loans to the Smiths. None of the power of attorney forms had been signed in respondent’s presence and the affiants were not present before him. LenCo used these forms to repossess the Smiths’ vehicles in satisfaction of the judgment. At the time he notarized these documents, respondent stipulated, it was his routine practice to notarize power of attorhey forms for Len-Co allegedly executed by persons who had not appeared before him. Additionally, respondent’s notary stamp improperly identified his notarial license number as “Roll Bar # 53791,” giving the incorrect impression that he was an attorney and a member of the bar.6

[^Respondent stipulated that his actions as set forth above constituted failures to follow clear and determined law about which there was no confusion or question. Respondent further stipulated that his judicial actions were egregious.

[188]

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Bluebook (online)
204 So. 3d 183, 2016 La. LEXIS 1568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-justice-of-the-peace-j-roosevelt-gremillion-district-seven-parish-la-2016.