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The Louisiana Supreme Court Announces Changes to Judicial Discipline Rule
<link rel="stylesheet" type="text/css" href="/press_room/press_releases/pressroompicgrid.css" /><div align="left"><table style="background-color:#428bca;border-color:X357ebd;width:100%;"><tbody><tr valign="top"><td bgcolor="#428bca" height="21" valign="middle" width="100%"><div align="center"><strong><span style="color:#ffffff;">2020 Press Releases </span></strong></div></td></tr></tbody></table><table width="16%"><tbody><tr></tr></tbody></table></div><table><tbody><tr valign="top"><td width="82">CONTACT: </td><td width="253">Trina S. Vincent<br />504-310-2590</td></tr></tbody></table><div align="left"><table style="background-color:#F7EBC6;border-collapse:separate;border-spacing:3px;width:100%;"><tbody style=""><tr valign="top"><td style="" width="38%"><span style="color:#212073;text-transform:uppercase;"><strong>April 13, 2020</strong></span></td><td width="62%"><p align="right" style="margin-top:0;margin-bottom:0;"><span style="color:#212073;"><strong>FOR IMMEDIATE RELEASE</strong></span></p></td></tr></tbody></table></div><p> </p><p style="text-align:center;font-weight:bold;text-decoration:underline;">THE LOUISIANA SUPREME COURT ANNOUNCES <br />CHANGES TO JUDICIAL DISCIPLINE RULE </p><p><strong>New Orleans</strong> - Today, the Louisiana Supreme Court announced several substantive changes to its rules that will increase transparency and public access to judicial discipline proceedings while maintaining fairness, due process, and the orderly administration of justice. These rules are a continuation of the Court’s ongoing study and revision of judicial discipline rules, such as the adoption last year of rules that relaxed confidentiality of complaints after a notice of hearing is filed or the complaint is closed. These latest rule changes will be effective May 1, 2020. <a href="/rules/orders/2020/RuleXXIII.pdf"><span style="text-decoration:underline;">See Order here</span></a>.</p><p>After extensive study, review, solicitation of comments, and further deliberations, the Louisiana Supreme Court voted unanimously to make three major changes increasing transparency and public access to judicial discipline proceedings</p><ul><li style="margin-bottom:1em;">First, hearings on allegations of judicial misconduct that have been investigated, which had previously been closed to the public, will now be open. The record and result of the formal proceedings (including counseling letters and deferred disciplinary agreements) will also now be available to the public.</li><li style="margin-bottom:1em;">Second, after a judge receives a non-public admonishment (which is a non-disciplinary disposition intended to counsel or warn the judge about his or her conduct), any subsequent admonishments within a judge’s term of office (ten years for appellate court judges and six years for district and other judges) shall now be public.</li><li style="margin-bottom:1em;">Third, information will be made available about confidential non-disciplinary dispositions on the Supreme Court’s website and in Supreme Court publications.</li></ul><p>Although the previous rules governing confidentiality were consistent with those of many other states, these changes bring Louisiana’s rules in line with a majority of states, including states that elect their judges. To be clear, confidentiality still remains during the Commission’s initial consideration of a complaint and during any investigation of a complaint, but for good reason. This limited confidentiality protects complainants and witnesses, who may otherwise be reluctant to come forward for fear of public scrutiny, retaliation, or recrimination. Experience also teaches that many complaints are filed by disgruntled litigants, including those who may lose a civil matter or who are convicted of crimes, and who, rather than appeal, file baseless and meritless complaints. Despite a judge appropriately applying the law to achieve a just ruling, many complaints may be filed in an attempt to manipulate the system of justice, or gain an unfair tactical advantage, or to unjustly criticize. Thus, confidentiality during the early investigation protects our system of justice from frivolous complaints and protects the public at large by ensuring the integrity of the investigatory process. These same principles underlie the confidentiality rules in the judicial discipline proceedings of all fifty states, all of which require confidentiality at some stage of the proceedings. Similarly, the Louisiana Board of Ethics, which oversees non-judicial state public officials, conducts confidential investigations and issues confidential counseling letters. Finally, members of the public always have been, and remain, free to discuss the underlying facts or events that are the subject of a complaint; also, members of the public at any time can speak about alleged misconduct by a judge.</p><p>The Supreme Court thanks the Judiciary Commission for its work over the last several years to study and make recommendations to the Supreme Court about the rules governing confidentiality. </p><p>Our form of democracy requires a constitutional balance of power among the three equal branches of government: executive, legislative, and judicial. An independent judiciary is critical to preserving this balance. The Constitution of Louisiana appropriately provides the Louisiana Supreme Court with exclusive jurisdiction over the discipline of Louisiana’s judiciary; this jurisdiction extends to the development of substantive and procedural rules. The changes announced today fairly balance the public’s interest in transparency with the interests of complainants, judges, and witnesses, as well as the interest in preserving the integrity of the judicial discipline process. The Supreme Court’s overarching goal has been, and remains, promoting the highest standards of ethical conduct.</p><p style="text-align:center;">-30-</p><p> </p><p> </p>