Inquiry Concerning Complaint of Elizabeth Halverson, Jacquelyn Hughes, Karen Jarussi, and Hon. Greg Todd v. Hon. Ashley Harada

2020 MT 89 (Mont. 2020) · Supreme Court of Montana · April 17, 2020 · No. PR 20-0072

Summary

The Montana Supreme Court reviewed a judicial disciplinary matter involving Judge Ashley Harada’s admitted violations of the Montana Code of Judicial Conduct, including campaign-related misconduct, misleading statements, and failures concerning employee reporting and candor. The Court accepted her admissions and rejected the recommended public censure, instead ordering a 30-day suspension without pay beginning May 1, 2020.

Holdings

  1. Under Article VII, Section 11(3) of the Montana Constitution and section 3-1-1107, MCA, the Montana Supreme Court may review the Commission's record and impose, reject, or modify discipline for judicial misconduct.
  2. Harada violated Montana Code of Judicial Conduct Rules 1.2, 2.17(A), 4.1(A)(1), 4.1(A)(3), 4.1(A)(4), 4.1(A)(7), and 4.1(A)(10), including multiple violations of Rules 4.1(A)(4), 4.1(A)(7), and 4.1(A)(10).
  3. Public censure was not an adequate sanction; Harada's serious admitted misconduct warranted suspension from judicial office without pay for thirty days.

Questions Presented

  1. Whether Harada's admitted conduct violated the specified provisions of the Montana Code of Judicial Conduct.
  2. Whether the Montana Supreme Court should accept the Judicial Standards Commission's recommended public censure or impose a different sanction.
  3. Whether Harada's admitted misconduct warranted suspension from judicial office.

Disposition

other

Cases Cited (2)

  • Williams-Yulee v. Fla. Bar, 575 U.S. 433, 444, 135 S. Ct. 1656, 1666 (2015)(followed)
  • Judicial Standards Comm'n of Mont. v. Baugh, 2014 MT 149, 375 Mont. 257, 334 P.3d 352(followed)

Cited In (0)

No citing cases on record yet.

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