In re Judge Reginald T. Badeaux, III

65 So. 3d 1273 (La. 2011) · Supreme Court of Louisiana · July 1, 2011 · No. 2011-O-0214

Summary

The Louisiana Supreme Court reviewed judicial misconduct allegations against Judge Reginald T. Badeaux, III, arising from his handling of a divorce and child-custody matter involving close personal friends. The court found that he improperly failed to recuse himself, engaged in impermissible ex parte communications, and issued an order contrary to Louisiana procedural requirements. The court publicly censured Judge Badeaux and ordered him to reimburse the Judiciary Commission of Louisiana $1,439.15 in costs.

Holdings

  1. Public censure and reimbursement of $1,439.15 in costs were appropriate sanctions for Judge Badeaux's violations of Canons 2A, 3A(1), 3A(6), and 3C of the Louisiana Code of Judicial Conduct.
  2. A judge violates the recusal requirement by presiding over a divorce and custody proceeding involving close personal friends when the judge's impartiality might reasonably be questioned.
  3. Issuing an ex parte interim-custody order that does not comply with the mandatory requirements of La. Code Civ. P. art. 3945 constitutes misconduct when the judge knows the pleading and order are legally deficient.

Questions Presented

  1. What measure of discipline was appropriate for Judge Badeaux's stipulated violations of the Louisiana Code of Judicial Conduct?
  2. Whether public censure and reimbursement of the Judiciary Commission's costs were warranted based on Judge Badeaux's failure to recuse, ex parte communications, and issuance of a legally deficient custody order.

Disposition

other

Cases Cited (3)

  • In re: Shea, 02-0643 (La. 4/26/02), 815 So. 2d 813(followed)
  • In re: Chaisson, 549 So. 2d 259 (La. 1989)(followed)
  • Matter of Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987)(followed)

Cited In (0)

No citing cases on record yet.

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