In re Justice of the Peace Larry Charles Freeman

Summary

The Louisiana Supreme Court reviewed disciplinary proceedings against Justice of the Peace Larry Charles Freeman for running for a nonjudicial office without resigning his judicial position. The court held that his conduct violated Canons 2(A) and 7(I) of the Louisiana Code of Judicial Conduct and Article V, § 25(C) of the Louisiana Constitution, and that conflicting statutory provisions were unenforceable. The court imposed a suspension without pay for the remainder of his term and ordered payment of $458.50 in costs, rather than removal.

Holdings

1. Canon 7(I) applies to justices of the peace and requires a justice of the peace to resign upon becoming a candidate for non-judicial office.
2. The exception for justices of the peace in La. R.S. 42:39 is unenforceable to the extent it conflicts with Canon 7(I) and the exclusive governance of judges by the Code of Judicial Conduct.
3. Freeman violated Canon 7(I) by failing to resign when he became a candidate for police juror, violated Canon 2(A) by failing to act in a manner promoting public confidence in the judiciary, and violated La. Const. art. V, § 25(C). The record did not establish a violation of Canon 1.
4. Removal was not warranted; Freeman should be suspended without pay for the remainder of his term and ordered to pay $458.50 in costs.

Questions Presented

1. Whether a Louisiana justice of the peace must resign upon becoming a candidate for non-judicial office under Canon 7(I) of the Code of Judicial Conduct.
2. Whether the exception for justices of the peace in La. R.S. 42:39 conflicts with and is unenforceable against the Code of Judicial Conduct.
3. Whether Freeman's conduct violated Canons 7(I) and 2(A) and Article V, § 25(C) of the Louisiana Constitution.
4. Whether removal from office was the appropriate sanction.

Disposition

other