In re Cresap

Summary

The Louisiana Supreme Court reviewed disciplinary charges against District Judge Wayne G. Cresap arising from his handling of a motion to recuse another judge. The court found clear and convincing evidence that Judge Cresap abused his authority, engaged in impermissible ex parte communications, and exhibited improper temperament and demeanor. The court accepted the Judiciary Commission’s recommendation of a 30-day suspension without pay and assessment of proceeding costs.

Holdings

1. Clear and convincing evidence established that Judge Cresap violated Canons 1, 2A, 2B, 3A(1), 3A(2), 3A(3), 3A(4), and 3A(6) of the Louisiana Code of Judicial Conduct through biased and unequal treatment of counsel, improper ex parte communications, failure to maintain courtroom order and decorum, discourteous conduct, and conduct reflecting bias and susceptibility to public or partisan pressure.
2. A judge's lack of conscious intent to violate the Code of Judicial Conduct does not preclude discipline when the underlying conduct violates the Code.
3. A 30-day suspension without pay and an award of proceeding costs was warranted.

Questions Presented

1. Whether clear and convincing evidence established that Judge Cresap violated Canons 1, 2A, 2B, 3A(1), 3A(2), 3A(3), 3A(4), and 3A(6) of the Louisiana Code of Judicial Conduct.
2. Whether Cresap's conduct constituted willful misconduct relating to his official duty or persistent and public conduct prejudicial to the administration of justice that brought the judicial office into disrepute under La. Const. art. V, § 25(C).
3. Whether the Judiciary Commission's recommended 30-day suspension without pay and assessment of costs was an appropriate sanction.

Disposition

other