Reality Show In Louisiana
Justice Crichton of the Louisiana Supreme Court wrote yesterday on a “silly drama” of texting a judge by a prosecutor
I agree with the Court’s decision to deny this writ application but write separately to emphasize that this silly drama undermines serious business—the efficient administration of criminal justice. This writ application concerns an assistant district attorney (“ADA”), who sent unprompted and inappropriate text messages to a trial judge on Criminal District Court. The ADA complained to the trial judge, requesting she stop speaking negatively about the ADA to his colleagues. But even though the trial judge ordered the ADA to stop texting her court-issued cellphone, the ADA defiantly continued to do so, which I believe to be sufficient grounds for a finding of direct contempt of court. See generally La. C.Cr.P. art. 21(A)(5); see also Rules of Prof. Conduct R. 3.5(d) (stating a lawyer shall not “engage in conduct intended to disrupt a tribunal.”). Further, the trial judge’s alleged conduct—including on one occasion referring to the District Attorney and ADA as “Satan” and “Lucifer”—is, to say the least, problematic. See Code of Judicial Conduct Canon 2 (providing that a judge “shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary”). This reality-show behavior has no place in our criminal justice system, which should be less burdened by unprofessional actors and more supported by lawyers who uphold their oath to serve the people of Louisiana. See La. Lawyer’s Oath, available at https://www.lsba.org/Members/LawyersOath.aspx (“I will maintain the respect due to courts of justice and judicial officers.”).
The Times Picayune reported on the contempt.
Napoli texted to the judge, “I would really appreciate it if you would refrain from saying those types of things to my co-workers.” White replied that Napoli’s text message was “inappropriate,” and told the prosecutor, “Please speak with me only in court, when you indeed show up in my court. I will not tolerate such text or in-person comments from you.”
Napoli texted back, “It wasn’t inappropriate. It was a request for you to stop badmouthing me to my co-workers. Your actions are unprofessional, not mine, but I have no problem cutting off communication with you outside the courtroom as long as you can stop talking about me to my co-workers.”
White answered: “It is inappropriate if I find it inappropriate. You are unaware of decorum. Please refrain from any further comments to me via text.”
Napoli replied: “Please refrain from talking about me to my co-workers. Take care.”
“Mr. Napoli, you just earned yourself a contempt hearing,” [Judge] White replied
The comments that follow the story are quite interesting. Both sides – prosecutor and judge – have their adherents and detractors. (Mike Frisch)