Judge Disqualified

The Louisiana Supreme Court has disqualified a judge from exercising the functions of her office

IT IS ORDERED, ADJUDGED, AND DECREED that respondent, Judge Eboni Johnson Rose, 19th Judicial District Court, State of Louisiana, be and hereby is immediately disqualified from exercising any judicial function during the pendency of further proceedings in this matter based on a finding of probable cause that respondent committed a violation of the Code of Judicial Conduct and poses a substantial threat of serious harm to the public and the administration of justice.

Hughes, J., dissents.

Given respondent’s apology and remorse, I would consider her attempt to improve her judicial performance through a period of probation under the guidance of an experienced and respected mentor. The balance between an appropriate sanction for behavior that deserves a sanction and respect for the choice of the electorate is a difficult one.

McCALLUM, J., concurs and assigns reasons.

I agree with the majority that Respondent presents a substantial threat of serious harm to the public and I therefore concur in the decision to immediately disqualify Respondent from exercising any further judicial function, as recommended by the Judiciary Commission of Louisiana. In this judicial disciplinary proceeding, probable cause for the allegations of misconduct against Respondent was established by official transcripts prepared by a certified court reporter of the on-record proceedings. However, because our constitution and Supreme Court rules do not allow us to do otherwise, the taxpayers of this state are forced to bear the double burden of paying Respondent’s salary during her suspension and the cost of a pro tempore judge to serve in her stead.

I concur because, were it in our power to do so, I would have made the suspension without pay and the expense of the pro tempore judge her responsibility...

While Respondent’s conduct as a member of the judiciary certainly warrants a suspension of her pay, there is no lawful means by which to impose this condition. The people of this state should amend the constitution to allow us that option. Furthermore, this Court should amend its rules to require the suspended judge to bear the expense of any pro tempore judge who is required to preside in the suspended judge’s stead.

GRIFFIN, J., dissents and assigns reasons.

I respectfully dissent noting that interim disqualification of a sitting judge is a harsh remedy that must be exercised sparingly as it runs counter to the decision of voters. See In re Hunter, 02-1975, pp. 12-13 (La. 8/19/02), 823 So.2d 325, 333-34; La. Const. art. V, § 22(A). This is axiomatic given the high bar articulated for a final decision of removal, namely “willful misconduct relating to [a judge’s] 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.” La. Const. art. V, § 25(C).

The actions of the judge in this matter are cause for concern and may ultimately lead to discipline. However, in my view, they are not so egregious as to warrant the most extreme measures at this point in the Judiciary Commission process.

Newsweek reported

The order did not list specific reasons for her temporary removal, but she has faced several controversies, according to local news outlets. Baton Rouge TV station WAFB reported that several of her cases were overturned by higher courts because of mistakes she made during a trial and sentencing.

In the case of a woman accused of waving a firearm at a family allegedly pushing water toward her home while driving during a flood, Johnson Rose allowed the jury to continue deliberating even after they found her not guilty, according to WAFB.

Johnson Rose convicted the woman after meeting privately with the jury. She said during that meeting the jury said they wanted to convict the woman of a lesser charge, according to Baton Rouge TV station WBRZ.

From WAFB 9

Johnson Rose, a Democrat, is currently running for a seat on the Louisiana First Circuit Court of Appeal against 19th Judicial District Judge Kelly Balfour, a Republican.

The election is in November.

Among the controversies in Judge Johnson Rose’s court was the case of Bridgette Digerolamo.

Digerolamo was arrested after waving a gun at people who were pushing water toward her home while driving through her flooded neighborhood.

Justices later overturned Judge Johnson Rose’s verdict after noting that the judge read a not-guilty verdict in court but allowed the jury to continue to deliberate and change its mind.

Justices found that Judge Johnson Rose then convicted Digerolamo before another judge stepped in and declared a mistrial.

The state supreme court later unanimously cleared Digerolamo of all charges.

Prior to that situation, Judge Johnson Rose convicted former Baton Rouge Police Officer Donald Steele of “misdemeanor” grade malfeasance even though the charge is considered a felony in state law.

Attorneys noted that misdemeanor-grade malfeasance does not exist. Johnson Rose later chose to issue a new verdict and acquit the former officer of all charges.

Judge Johnson Rose was also involved in another high-profile spat with District Attorney Hillar Moore.

The WAFB I-TEAM uncovered documents showing that Judge Johnson Rose implied that Moore’s office targeted black offenders and wanted to “stick every ni**er in jail.”

(Mike Frisch)