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In re Hunter8/19/2002
ON RECOMMENDATION FOR DISCIPLINE FROM THE JUDICIARY COMMISSION OF LOUISIANA
This judicial discipline matter comes before the court on the recommendation of the Judiciary Commission of Louisiana, a constitutional body charged with initiating disciplinary action against a judge, that Judge Sharon K. Hunter of the Criminal District Court for the Parish of Orleans, State of Louisiana, be removed from judicial office and ordered to reimburse the Commission the costs incurred in the investigation and prosecution of the case. The Commission conducted an investigatory hearing, made findings of fact and conclusions of law, and determined that respondent violated Canon 3(B)(1) of the Code of Judicial Conduct and La. Const. art. V, § 25(C) by her utter failure to administer competently Section C of the Criminal District Court and by her lack of cooperation with the Court of Appeal, Fourth Circuit.
After reviewing the record, we find that the charge against respondent is supported by clear and convincing evidence. The facts in this case are not generally in dispute, given that the respondent has admitted to the conduct charged. Therefore, the only issue before us is the appropriate discipline to impose. The record shows that Judge Hunter repeatedly failed to produce transcripts timely, accurately, or frequently not at all, resulting to date in eleven appellate reversals of serious felony criminal convictions and sentences for violation of the defendants' constitutional right to judicial review. Furthermore, the consequences of these reversals to the State and the general public are both extensive and grave, because the reversals have necessitated retrials, have frequently disrupted the State's successful prosecution of very serious crimes, and have significantly undermined the public's confidence in the judicial system. Thus, Judge Hunter's failure to maintain professional competence in the administration of her court, as required by Canon 3B(1) of the Code of Judicial Conduct, constitutes persistent, public conduct prejudicial to the administration of justice that has brought her judicial office into disrepute in violation of La. Const. art. V, § 25(C).
Furthermore, the record also establishes that Judge Hunter willfully and persistently refused to comply with supervisory orders from the court of appeal directing the production of necessary trial transcripts, resulting in the commencement of contempt proceedings before the court of appeal. Judge Hunter's continuous and intentional refusal to cooperate with the appellate court by timely complying with its administrative orders, as required by Canon 3B(1) of the Code of Judicial Conduct, constitutes willful and persistent failure to perform her duty, as well as persistent, public conduct prejudicial to the administration of justice that brings the judicial office into disrepute. La. Const. art. V, § 25(C).
In light of the gravity of the consequences of Judge Hunter's misconduct, both past and likely future, as well as the minimal prospect of Judge Hunter sufficiently improving her woefully inadequate administrative abilities, the risk of further harm to the judiciary and the general public should she remain on the bench is too great. Accordingly, for the reasons that follow, we agree with the Judiciary Commission that Judge Hunter's conduct warrants removal from judicial office.
JURISDICTION AND BURDEN OF PROOF
This court is vested with exclusive original jurisdiction in judicial disciplinary proceedings by La. Const. art. V, § 25(C), which provides:
On recommendation of the judiciary commission, the supreme court may censure, suspend with or without salary, remove from office, or reti
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