In Re Wimbish

733 So. 2d 1183
CourtSupreme Court of Louisiana
DecidedApril 13, 1999
Docket98-0-2882
StatusPublished
Cited by12 cases

This text of 733 So. 2d 1183 (In Re Wimbish) 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 Wimbish, 733 So. 2d 1183 (La. 1999).

Opinion

733 So.2d 1183 (1999)

In re Judge Paul R. WIMBISH.

No. 98-0-2882.

Supreme Court of Louisiana.

April 13, 1999.

*1184 Nancy E. Rix, Hugh M. Collins, Judiciary Commission.

Steven R. Scheckman, Special Judiciary Counsel.

Charles J. Hanemann, Jr., for Respondent.

MARCUS, Justice.[*]

This matter comes before the court on the recommendation of the Judiciary Commission of Louisiana[1] that Judge Paul R. Wimbish of the Thirty-Second Judicial District Court for the Parish of Terrebonne, State of Louisiana, be publicly censured and ordered to reimburse the Commission the costs incurred in the investigation and prosecution of this case. The Commission conducted an investigatory hearing, issued findings of fact and conclusions of law, and determined that Judge Wimbish violated La. Const. art. V, § 25(C) by engaging in willful, persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute. The Commission further concluded that Judge Paul R. Wimbish violated La. R.S. 13:4207, La. Sup.Ct. Rule G, § 2(b) and Canons 3 A(7) *1185 and 3 B(1) of the Louisiana Code of Judicial Conduct.

Judge Wimbish assumed the office of Judge of the Thirty-Second Judicial District Court for the Parish of Terrebonne on January 2, 1980. On May 4, 1990, Ms. Mabel Demarco, a litigant in Judge Wimbish's court, filed a complaint with the Judiciary Commission, stating:

The trial of this matter took place on March 30, 1990. It is now May and no decision has been rendered. I am particularly concerned about this because it is very common knowledge in Terrebonne Parish that Judge Wimbish's decisions are delayed far in excess of what would be considered normal.

In response to the complaint, Judge Wimbish assured the Commission that he intended to bring the situation under control. Based on that assurance, the Commission cautioned Judge Wimbish and closed its file on the matter.[2]

On October 7, 1996, the Commission received a complaint from Carolyn McNabb. Ms. McNabb stated, "[i]t is well known in our Parish that Judge Wimbish holds matters under advisement for extraordinary periods of time." The complaint further alleged that Judge Wimbish failed to accurately report to the Judicial Administrator cases taken under advisement, as required by La. Sup.Ct. Rule G, § 2(b).[3]

After an investigation, the Commission filed three formal charges against Judge Wimbish. Charge I alleged that Judge Wimbish failed to report seven cases under advisement to the Judicial Administrator. Charge II alleged that Judge Wimbish failed to accurately and timely report thirty-four cases under advisement to the Judicial Administrator. Charge III alleged that Judge Wimbish failed to render, issue and sign judgments in a timely manner in fifty-six cases after the cases were submitted to him for decision on the merits.

The Commission accepted a Statement of Stipulated Uncontested Material Facts from the parties, and conducted a hearing on August 28, 1998. Although Judge Wimbish admitted most of the factual allegations, he testified that he held cases under advisement for prolonged periods of time because he was more concerned about being right and fair than about being "speedy." He further testified that his wife died unexpectedly of a heart attack in November 1993, and that he underwent coronary bypass surgery in November 1994. Judge Wimbish also emphasized that his failure to decide cases in a timely manner was not the result of spite, belligerence, dishonest motive, indifference or judicial arrogance. Regarding his efforts to decide and report future cases in a timely manner, Judge Wimbish testified that he has reorganized his schedule in a manner that permits him more time to decide cases, he has notified attorneys practicing in the Houma, Louisiana area that he will require strict adherence to La. R.S. 13:4207[4] and La. Sup.Ct. Rule G, *1186 § 2(b), and he has assumed responsibility for filing reports of cases under advisement with the Judicial Administrator.[5]

On November 19, 1998, the Commission issued its findings of fact and conclusions of law, and its recommendation regarding the appropriate measure of discipline in this case. The Commission found that Judge Wimbish failed to decide fifty-six cases in a timely manner, he inaccurately and/or delinquently reported thirty-four cases taken under advisement and their respective status to the Judicial Administrator, and completely failed to report the undecided status of seven cases. The Commission concluded that Judge Wimbish's conduct constituted a violation of La. Const. art. V, § 25(C), La. R.S. 13:4207, La. Sup.Ct. Rule G, § 2(b) and Canons 3 A(7) and 3 B(1) of the Code of Judicial Conduct, and recommended sanction in the form of public censure.

The Louisiana Constitution vests this court with exclusive original jurisdiction in judicial disciplinary cases. La. Const. art. V, § 25(C). Therefore, this court has the power to make determinations of fact based on the evidence in the record and is not bound by, nor required to give any weight to, the findings and recommendations of the Judiciary Commission. In re Quirk, 97-1143 (La.12/12/97), 705 So.2d 172. The grounds for disciplinary action against a judge are set forth in La. Const. art. V, § 25(C), which provides, in pertinent part:

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.

In addition to these substantive grounds for disciplinary action, this court, in accordance with its supervisory authority over all lower courts, has adopted the Code of Judicial Conduct, effective January 1, 1976, and amended July 8, 1996. The Code of Judicial Conduct is binding on all judges, and violations of the Canons contained therein may serve as a basis for the disciplinary action provided for by La. Const. art. V, § 25(C). In re Quirk, 705 So.2d at 176; In re Decuir, 95-0056 (La.5/22/95), 654 So.2d 687. At issue here are Canons 3 A(7) and 3 B(1), effective July 8, 1996, which provide:

CANON 3
A Judge Shall Perform the Duties of Office Impartially and Diligently
The judicial duties of a judge take precedence over all other activities. Judicial duties include all the duties of office prescribed by law. In performance of these duties, the following standards apply:
A. Adjudicative Responsibilities:
* * * *
(7) A judge shall dispose of all judicial matters promptly, efficiently and fairly.
B.

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733 So. 2d 1183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wimbish-la-1999.