No Violation In Criticism Of Judge

A Louisiana Hearing Board has recommended that ethics charges against the spokesperson of the Orleans Parish District Attorney’s Office be dismissed.

At issue were comments in the wake of a not guilty verdict issued by a judge in a high-profile public corruption case.  

The spokesperson commented shortly thereafter to a Times-Picayune reporter:

District Attorney Cannizzaro has fought to eliminate corruption, and unfortunately [Judge] Arthur Hunter thwarted our efforts today.

The bar complainant: Judge Arthur Hunter.

The verdict

Both parties presented credible witnesses who appeared sincere in their beliefs that the statement either was, or was not, intended as a personal criticism of Judge Hunter. The significance of the statement made by the Respondent is something about which reasonable persons could disagree, however, it is the burden of the [Office of Disciplinary Counsel] to prove a violation by clear and convincing evidence. In this case, it is the opinion of the committee that ODC has not met its burden.

The committee found that the hasty comment “is not condoned” but that it was not knowingly or recklessly false. (Mike Frisch)