In re Justice of the Peace Myrty Alfonso

Summary

The Louisiana Supreme Court disciplined Justice of the Peace Myrty Alfonso for issuing an arrest warrant and setting bond while acting with admitted bias against the defendant and failing to recuse herself. The court found violations of the Louisiana Code of Judicial Conduct and Article V, § 25(C) of the Louisiana Constitution. It increased the recommended sanction to a 30-day suspension without pay and ordered reimbursement of $178.41 in costs.

Holdings

1. The Code of Judicial Conduct is binding on justices of the peace, and violations of the Code may serve as a basis for disciplinary action under Article V, § 25(C) of the Louisiana Constitution.
2. Alfonso violated the Code of Judicial Conduct and Article V, § 25(C) by acting on admitted bias and prejudice against Thedens, failing to recuse herself when her impartiality could reasonably be questioned, and engaging in willful misconduct relating to her official duties.
3. An act need not be intentional or undertaken in bad faith to support judicial discipline; negligence or ignorance may suffice when the conduct is prejudicial to the administration of justice and brings the judicial office into disrepute.
4. A thirty-day suspension without pay, together with reimbursement of $178.41 in costs to the Judicial Commission of Louisiana, was the appropriate sanction.

Questions Presented

1. Whether Alfonso's admitted biased conduct in issuing an arrest warrant and setting bond violated the Code of Judicial Conduct and Article V, § 25(C) of the Louisiana Constitution.
2. Whether the Commission's recommended fifteen-day suspension was an adequate sanction.
3. What discipline was appropriate for Alfonso's willful misconduct relating to her official judicial duties.

Disposition

other