In Re: Justice Of The Peace J. Randy Guidroz District 9, Parish Of Pointe Coupe State Of Louisiana
Also decided on this docket: La., December 7, 2023
In Re: Justice Of The Peace J. Randy Guidroz District 9, Parish Of Pointe Coupe State Of Louisiana, No. 2023-O-00909 (La. Oct. 20, 2023).
Opinion text
NEWS RELEASE #046 FOR IMMEDIATE NEWS RELEASE
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 20th day of October, 2023 are as follows:
ORDER:
2023-O-00909 IN RE: JUSTICE OF THE PEACE J. RANDY GUIDROZ DISTRICT 9,
PARISH OF POINTE COUPE STATE OF LOUISIANA
MOTION TO DISMISS GRANTED. SEE 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
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
WEIMER, C. J., dissenting in part from the order dismissing the proceeding.
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
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
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.
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.]
2