In re Justice of the Peace Herbert G. Williams, Jr.

Summary

The Supreme Court of Louisiana reviewed a Judiciary Commission recommendation concerning Justice of the Peace Herbert G. Williams, Jr., who notarized an act of donation transferring immovable property to his son and daughter-in-law without authority and without the purported donor appearing to sign. The court held that Williams violated Canons 1, 2(A), 2(B), 3(A)(1), and 3(B)(1) of the Code of Judicial Conduct. It publicly censured him and ordered him to reimburse the Judiciary Commission $1,657.56 in costs.

Holdings

1. Williams violated Canons 1, 2(A), 2(B), 3(A)(1), and 3(B)(1) by notarizing an act affecting immovable property without legal authority and without requiring the purported donor to appear and sign in his presence.
2. Intent or conscious bad faith is not required to support judicial discipline; misconduct resulting from negligence or ignorance may be sufficient.
3. Public censure and reimbursement of $1,657.56 in proceeding costs were adequate sanctions.

Questions Presented

1. Whether Williams's notarization of an act affecting immovable property, without authority and without the purported donor appearing and signing in his presence, violated the Code of Judicial Conduct.
2. Whether lack of fraudulent intent or conscious intent precluded judicial discipline.
3. What discipline was appropriate under the circumstances.

Disposition

other