IN RE: CONFIDENTIAL PARTY (2021)

Supreme Court of Louisiana.2021-01-14No. No. 2020-O-01492

Summary · law.co

Holding. The court denied the Judiciary Commission's recommendation for interim disqualification and remanded the matter to the Commission for further proceedings without reaching the merits.

The Louisiana Supreme Court denied a recommendation from the Judiciary Commission seeking interim disqualification of a judge. The court declined to address the underlying merits of the case, as those issues were not yet properly before the court. The matter was sent back to the Judiciary Commission to continue its proceedings. Additionally, the court rejected the judge's request to unseal the record, citing Supreme Court Rule XXIII, § 27(d).

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether interim disqualification of a judge was warranted
Timing of judicial review when merits remain pending
Sealing and disclosure of judicial disciplinary records

Procedural posture

The case came before the Louisiana Supreme Court on a recommendation for interim disqualification filed by the Judiciary Commission, with a responsive motion from the judge and a concurrent motion to unseal the record.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Interim disqualification denied. See Order.

ORDER

Considering the Recommendation for Interim Disqualification filed by the Judiciary Commission of Louisiana, and the response thereto filed by the respondent judge,

IT IS ORDERED that, without reaching the merits, which are not before us at this time, the Judiciary Commissions recommendation for interim disqualification be and hereby is denied. In accordance with Supreme Court Rule XXIII, § 27(d), we deny respondents motion to unseal the record. We remand this matter to the Judiciary Commission for further proceedings in accordance herewith.

NEW ORLEANS, LOUISIANA, this _ day of _, 2021.

FOR THE COURT:

/s/ _

JUSTICE, SUPREME COURT OF LOUISIANA

I respectfully dissent. Admittedly, this case presents itself in a unique posture, as the recommendation for interim disqualification is intricately intertwined with the merits of the proceeding which may be instituted by the Commission. Nevertheless, all of the relevant facts are undisputed. The issue on which the interim disqualification, and all subsequent proceedings, hinges is purely one of law. The respondent, the district that elected the respondent, the people who are called to court, and our system of justice deserve a fair and expeditious resolution of the significant and consequential issues presented herein.