Justia Louisiana Supreme Court Opinion Summaries

This was a legal malpractice case. Defendant Michelle Myer-Bennett filed a peremptory exception of peremption asserting plaintiff Tracy Lomont filed her malpractice claim beyond the three-year peremptive period set forth in La. R.S. 9:5605. Lomont opposed the exception, arguing the peremptive period should not have applied because Myer-Bennett engaged in fraudulent behavior which prevented application of the peremptive period. Lomont hired Myer-Bennett to represent her in a divorce and related domestic matters, which included partitioning the community property. Citibank obtained a default judgment against John Lomont (the ex-husband) on a delinquent account. Citibank recorded the judgment in the mortgage records in Jefferson Parish as a lien against the home. Lomont attempted to refinance the mortgage on the home and learned from the bank that the settlement agreement, giving her full ownership of the home, was never recorded in the mortgage and conveyance records. Lomont contacted Myer-Bennett to advise her of the problem. According to Myer-Bennett, because it was her standard practice to record such documents, she initially believed Lomont was given inaccurate information by the bank. Upon investigation, Myer-Bennett discovered that she had not recorded the agreement. Myer-Bennett recorded the agreement the next day, September 30, 2010. In December 2010, Lomont was notified that her application to refinance the loan was denied because of Citibank’s lien on the property. According to Myer-Bennett, once she became aware of the Citibank lien she discussed with Lomont the fact she committed malpractice and gave Lomont several options to proceed, including hiring another lawyer to sue her, or allowing Myer-Bennett to file suit against John Lomont and/or Citibank to have the lien removed. Myer-Bennett stated. Lomont chose not to pursue a malpractice action, but wanted defendant to fix the problem. Lomont denied Myer-Bennett ever notified her she had committed malpractice. Lomont contended Myer-Bennett never mentioned malpractice in December 2010, but simply advised she would have the Citibank lien removed from the property by filing lawsuits against John Lomont and Citibank. The district court sustained the exception of peremption and the court of appeal affirmed. Based on the facts of this case, the Supreme Court found defendant committed fraud within the meaning of La. R.S. 9:5605(E). Thus, the peremptive periods contained in La. R.S. 9:5605 were not applicable and plaintiff’s legal malpractice claim was governed by the one-year prescriptive period in La. C.C. art. 3492. Further, the facts of this case supported an application of the doctrine of contra non valentem. Because the Court found plaintiff filed suit within one year of discovering defendant’s malpractice, the Court held the lower courts erred in sustaining defendant’s exception of peremption. View "Lomont v. Myer-Bennett" on Justia Law

This matter stemmed from a recommendation of the Judiciary Commission of Louisiana regarding the failure of respondent Justice of the Peace Lorne L. Landry to comply with the financial reporting requirements of Supreme Court Rule XXXIX. Upon review, the Supreme Court found that the record established by clear and convincing evidence that Respondent willfully and knowingly failed to comply with the filing requirement of Rule XXXIX, thereby subjecting him to discipline. Respondent was ordered to pay a civil penalty of $500, plus costs. Respondent was further ordered to file his 2011 financial disclosure statement. View "In re: Justice of the Peace Lorne L. Landry, Plaquemines Parish, Ward 8" on Justia Law

This matter comes before the court on the recommendation of the Judiciary Commission of Louisiana that Judge Sheva M. Sims of the Shreveport City Court, Caddo Parish, be suspended without pay for 90 days and ordered to reimburse the Commission's costs. The charge arose from an incident that occurred between Judge Sims and an assistant city prosecutor, Katherine Gilmer, on April 24, 2012, wherein Judge Sims stated that Ms. Gilmer was “held in contempt” of court and then ordered the dismissal of fifteen criminal cases on the docket that day. After reviewing the record and applicable law, the Supreme Court found that the charge against Judge Sims was supported by clear and convincing evidence. However, the Court rejected the recommended discipline and instead ordered Judge Sims be suspended without pay for a period of 30 days. Furthermore, the Court ordered Judge Sims to reimburse the Commission’s costs incurred relative to its investigation and prosecution of this case. View "In re: Judge Sheva M. Sims, Shreveport City Court, Caddo Parish" on Justia Law

This matter comes before the Louisiana Supreme Court on the recommendation of the Judiciary Commission that respondent, Judge J. Robin Free of the 18 Judicial District Court, Parishes of West Baton Rouge, Iberville, and Pointe Coupee, be suspended without pay for thirty days and be ordered to reimburse and pay to the Commission $6,723.64 in hard costs. In Count 1, the complaint alleged Judge Free engaged in improper ex parte communications with counsel for a party in an environmental contamination class action lawsuit, and improperly handled a request to recuse himself from the case due to his mother’s status as a class member. In Count 2, the complaint alleged that in 2010, Judge Free accepted an invitation to participate in an all-expenses-paid trip on a private jet to a hunting ranch in Texas, extended to him by attorneys in a personal injury case before him at or near the time of settlement negotiations, including an attorney who regularly tries cases in his court, and which trip occurred shortly after the trial was concluded. The Commission received an anonymous complaint concerning this trip in August 2010. The Commission conducted an investigatory hearing, made findings of fact and conclusions of law and determined that Judge Free violated Canons 1, 2, 2A, 3A(4), 3A(6), and 6B(2) of the Code of Judicial Conduct and Article V, Section 25(C) of the Louisiana Constitution. After reviewing the record, the Supreme Court found all of the charges against Judge Free, except his failure to recuse in Count I, were proven by clear and convincing evidence and the Court accepted the recommendation of discipline of the Commission. View "In re Judge Robin Free" on Justia Law

In lieu of undergoing a formal audit, Louisiana law requires justices of the peace to file a sworn annual financial statement with the Louisiana Legislative Auditor. Officials who fail to file timely financial statements are notified that their names have been placed on a noncompliance list. According to a database maintained by the Legislative Auditor, respondent failed to file her annual financial statement for 2007, 2008, 2009. As of May 2013, when the hearing was held in this matter, respondent was still out of compliance for those years. In December 2010, the Chief Executive Officer of the Commission authorized the Office of Special Counsel to open a file regarding respondent based on the news report from a New Orleans television station that respondent's name had been placed on the Auditor's list. The Supreme Court found that the record established by clear and convincing evidence that respondent failed to comply with the filing requirement of La. Rev. Stat. 24:514, thereby subjecting her to discipline. Respondent was ordered suspended without pay for twelve months, with six months deferred conditioned on her filing the requisite sworn annual financial statements for years 2007, 2008, and 2009 within three months of the date of this judgment. Respondent was further ordered to reimburse and pay to the Commission $246.70 in costs. View "In re Justice of the Peace Meyers" on Justia Law

The Formal Charge against respondent Justice of the Peace Mary Foret arose from a small claims case in her court brought by Norris and Gloria Comeaux against Charles and Carol LeBlanc. Both prior to and after the filing of the lawsuit, respondent engaged in numerous ex parte communications with the parties concerning the substantive issues in the case. Respondent also engaged in improper independent investigation into the background of the case by having her constable obtain the police report of an altercation between Comeaux and LeBlanc. Despite these ex parte communications and independent fact-finding about the case, respondent did not recuse herself. When the Comeaux case was set for hearing, respondent knowingly allowed the constable to participate in the hearing to a significant extent. Respondent also allowed the Constable to participate in her decision-making process by asking him at the conclusion of the hearing what he thought of the case. The Judiciary Commission of Louisiana recommended, and the Supreme Court adopted, that respondent be suspended with pay for sixty days and ordered to pay the costs of the prosecution of these proceedings. View "IIn re: Justice of the Peace Mary Foret" on Justia Law

Marie Reed appeared before Judge Clark as a plaintiff in "Reed v. East Baton Rouge Sheriff Dept." Specifically, the Formal Charge at issue centers on a colloquy which took place in open court between Judge Clark and Ms. Reed while Ms. Reed’s lawyer was absent and on Judge Clark’s order dismissing Ms. Reed’s suit without prejudice after Ms. Reed was unable to prove her eligibility to proceed in forma pauperis. Ms. Reed had an unusual history of continuing to act many times as her own lawyer, even after she hired counsel. The Supreme Court found that because Judge Clark had signed an order dismissing Ms. Reed’s case without prejudice on April 18, 2011, the brief exchange she had with Ms. Reed on April 19th was of no substantive moment. Judge Clark testified, as the written order confirmed, that she denied the motion to stay and dismissed the case without prejudice the prior day. She took the bench only to announce her ruling on the record (an oral entry which would have been made even if no one associated with the case had been present that morning). The Court was "fully persuaded" that nothing with which the Commission charged Judge Clark warranted the Court’s sanction for judicial misconduct. View "In re Hon. Janice Clark" on Justia Law

This matter stemmed from the failure of Raymond Thomas, Jr. (a candidate for the office of justice of the peace) to comply with the financial reporting requirements of Louisiana Supreme Court Rule XL. The hearing officer found that Mr. Thomas failed to file his 2012 personal financial disclosure statement timely, and that he acted willfully and knowingly in failing to comply with the financial disclosure rule. The hearing officer recommended that Mr. Thomas be ordered to pay a penalty of $500.00 and to reimburse the Judiciary Commission for costs. The Supreme Court agreed with the hearing officer's decision after a review of the case, and affirmed the officer's decision. View "In re Raymond Thomas, Jr. Justice of the Peace Candidate Ward 1, Assumption Parish" on Justia Law

his matter came before the Supreme Court on the recommendation of the Judiciary Commission of Louisiana that respondent Judge Leo Boothe of the Seventh Judicial District Court, Parishes of Catahoula and Concordia, be removed from office and ordered to reimburse and pay the Commission for costs incurred in the investigation and prosecution of this case. The Commission determined that Judge Boothe violated Canons 1, 2A, 2B, 3A(1), 3A(6), and 3C of the Code of Judicial Conduct and engaged in willful conduct relating to his official duty and persistent and public conduct prejudicial to the administration of justice that brought his judicial office into disrepute, in violation of La. Const. art. V, sec. 25(C). After reviewing the record and the applicable law, the Court found that certain charges against Judge Boothe were proven by clear and convincing evidence; however, the Court rejected the recommendation that he be removed from office. The Court suspended the Judge from office for one year, without pay, and ordered him to reimburse and pay the Commission $11,731.79 in costs. View "In re: Judge Leo Boothe, Seventh Judicial District court Catahoula & Concordia Parishes" on Justia Law

This matter arose from a recommendation of the Judiciary Commission of Louisiana regarding the failure of Justice of the Peace Luann Landry (St. Bernard Parish, Ward E) to comply with the financial reporting requirements of Louisiana Supreme Court Rule XXXIX for calendar year 2010. Upon review, the Supreme Court found that the record establishes by clear and convincing evidence that Justice of the Peace Landry failed to comply with the financial disclosure requirement thereby subjecting her to a civil monetary penalty. Justice of the Peace Landry was ordered to pay a civil penalty in the amount of $500.00, plus costs of $554.00.View "In re Justice of the Peace Luann Landry" on Justia Law