Judge Censured

The North Carolina Supreme Court has censured a judge for drunk driving and a belligerent attitude

On 25 April 2016, the Commission Counsel filed a Statement of Charges against Respondent alleging that he had

engaged in conduct inappropriate to his judicial office when, on December 16, 2015, he drove his vehicle recklessly and while substantially impaired, putting at risk his own life and the lives of others [and that] Respondent’s belligerent, offensive, and denigrating behavior towards the responding law enforcement officers and emergency personnel was outrageous and unbecoming of a judicial officer, bringing into question whether it is appropriate for the Respondent to continue to serve as an Emergency Judge…

Respondent filed an answer in which he admitted the factual allegations in the Statement of Charges and expressed remorse “for this uncharacteristic lapse in judgment.” On 2 August 2016, Respondent and Commission Counsel filed a number of joint evidentiary, factual, and disciplinary stipulations as permitted by Commission Rule 22 that tended to support a decision to censure Respondent. Also, Respondent “voluntarily resigned his commission as an Emergency Judge, and agree[d] not to seek another commission in the future.” On 12 August 2016, the Commission heard this matter.

The sanction implicated both the driving and the attitude

The clear, cogent and convincing evidence supporting the Commission’s findings of fact show[s] that Respondent engaged in belligerent, offensive and denigrating behavior towards local law enforcement and emergency personnel as they executed their official duties and attempted to assist Respondent during the incident underlying these proceedings.

The court

After careful review, this Court concludes that the Commission’s findings of fact, including the dispositional determinations set out above, are supported by clear, cogent, and convincing evidence in the record. In addition, we conclude that the Commission’s findings of fact support its conclusions of law. As a result, we accept the Commission’s findings and conclusions and adopt them as our own. Based upon those findings and conclusions and the recommendation of the Commission, we conclude and adjudge that Respondent should be censured.

The News & Observer reported on the matter.

LaBarre, 71, was on the bench in Durham, either as a District Court Judge or Superior Court Judge, from the late 1970s until 2002. After that, he served as an emergency judge who was called back to the bench on occasion.

(Mike Frisch)