Summary
The Louisiana Supreme Court reviewed the Judiciary Commission’s recommendation to publicly censure Judge William A. Morvant for ordering drug offenders to pay probationary fines to the “I Care” program while serving on its advisory council. The Court found clear and convincing evidence that the conduct violated Canon 2(B) of the Code of Judicial Conduct and Article V, § 25(C) of the Louisiana Constitution. However, considering the judge’s good-faith motives, cooperation, lack of prior discipline, and absence of actual harm, the Court rejected the recommended censure and imposed no official discipline.
Holdings
- Clear and convincing evidence established that Judge Morvant violated Canon 2(B) by using the prestige of his judicial office in a manner that could advance the private interests of I Care and potentially his own interests when he ordered probationary fines payable to an organization with which he had a highly visible advisory relationship.
- Clear and convincing evidence established that Judge Morvant's conduct violated Article V, § 25(C) because the public could perceive that he misused judicial power to favor an organization with which he was associated, thereby discrediting his judicial office and potentially undermining the integrity of the judiciary.
- No official discipline was warranted under the totality of the circumstances, and the Judiciary Commission's recommendation of public censure and costs was rejected.
Questions Presented
- Whether clear and convincing evidence established that Judge Morvant violated Canon 2(B) of the Code of Judicial Conduct by ordering probationary payments to I Care while serving on its advisory council.
- Whether the same conduct violated Article V, § 25(C) of the Louisiana Constitution by constituting persistent and public conduct prejudicial to the administration of justice that brought his judicial office into disrepute.
- Whether the established violations warranted public censure or other official discipline.
Disposition
other
Cases Cited (10)
- In re: Chaisson, 549 So. 2d 259 (La. 1989)(followed)
- In re: King, 03-1412, p. 17 (La. 10/21/03), 857 So. 2d 432, 445(followed)
- In re: Hughes, 03-3408, p. 12 (La. 4/22/04), 874 So. 2d 746, 760(followed)
- In re: Bowers, 98-1735, p. 7 (La. 12/1/98), 721 So. 2d 875, 880(followed)
- In re: Johnson, 08-2397, p. 19 (La. 1/21/09), 1 So. 3d 425, 438(distinguished)
- Unwired Telecom v. Parish of Calcasieu, 03-0732, p. 8 (La. 1/19/05), 903 So. 2d 392, 400(followed)
- In re: Harris, 98-0570, pp. 6-7 (La. 7/8/98), 713 So. 2d 1138, 1141(followed)
- In re: Marullo, 96-2222 (La. 4/8/97), 692 So. 2d 1019(followed)
- In re: Hart, 577 A.2d 351 (Me. 1990)(followed)
- In Matter of Denting, 108 Wash. 2d 82, 736 P.2d 639, 659 (1987)(followed)
Cited In (0)
No citing cases on record yet.
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