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
- 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.
- 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).
- Public censure was not an adequate sanction; Harada's serious admitted misconduct warranted suspension from judicial office without pay for thirty days.
Questions Presented
- Whether Harada's admitted conduct violated the specified provisions of the Montana Code of Judicial Conduct.
- Whether the Montana Supreme Court should accept the Judicial Standards Commission's recommended public censure or impose a different sanction.
- 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.
Court Document
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