IN RE: JUSTICE OF THE PEACE J. RANDY GUIDROZ DISTRICT 9 (2023)

ORDER:

Weimer, C.J., dissents in part and assigns reasons.

SUPREME COURT OF LOUISIANA

No. 2023-O-00909

IN RE: JUSTICE OF THE PEACE J. RANDY GUIDROZ DISTRICT 9, PARISH OF POINTE COUPE STATE OF LOUISIANA

Judiciary Commission of Louisiana

ORDER

Considering the motion to dismiss filed herein on behalf of the Judiciary Commission of Louisiana;

IT IS ORDERED the motion is GRANTED, and this proceeding is dismissed without prejudice.

NEW ORLEANS, LOUISIANA, this ______ day of October, 2023.

JUSTICE JEFFERSON D. HUGHES III LOUISIANA SUPREME COURT

While I agree this matter is properly dismissed, I dissent in part from the order granting dismissal because it does not include recovery of costs as moved for by the Judiciary Commission.

The Judiciary Commission of Louisiana filed Findings of Fact, Conclusions of Law, and Recommendation of Discipline, recommending that Justice of the Peace Guidroz be suspended from office, without pay, for 180 days, and be ordered to reimburse the Commission's costs. The matter was scheduled for oral argument on this court's September 7, 2023 docket. The Commission appeared for the scheduled argument. Justice of the Peace Guidroz did not appear. After full consideration, this court was prepared to issue an opinion. However, Justice of the Peace Guidroz has now chosen to resign from his position. Because Justice of the Peace Guidroz resigned before this court rendered a final decision, this court has no choice but to dismiss this proceeding based on the motion filed by the Judiciary Commission.

I would also order recovery of costs, as requested by the Judiciary Commission.¹ It is disappointing that Justice of the Peace Guidroz chose to resign only after the Judiciary Commission and this court expended time, effort, and energy evaluating this matter. Avoiding discipline by resignation that late in the proceeding should not be rewarded, and former Justice of the Peace Guidroz, not taxpayers, should be responsible for the costs.

FOOTNOTES

1.   Louisiana Supreme Court Rule XXIII, Section 22(b) allows recovery of these costs:A judge's resignation or retirement after a matter has become public under Section 23(a)(1) but prior to the conclusion of proceedings before the Commission or the Court shall not preclude the Commission, in its discretion, from filing a motion with the Supreme Court to recover any or all of the costs incurred by the Office of Special Counsel, the hearing officer, and/or the Commission. Absent exceptional circumstances, the Commission shall file such a motion if the judge was on interim disqualification under Section 27 at the time of resignation or retirement. An itemized cost statement shall be appended to any such motion. The Court, in its discretion, may tax all or any portion of the costs recommended by the Commission. This subsection shall not apply if a judge is no longer a judicial officer due to the expiration of his or her term in office. [Emphasis added.]