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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 42

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 29th day of June, 2007 , are as follows:

BY KIMBALL, J .:

2007-O -0426

IN RE: JUSTICE OF THE PEACE ROGER ADAMS, SR. (Judiciary Commission of Louisiana) For the aforementioned reasons, this court finds Justice Adams' conduct violated Canons 2A and 2B of the Code Conduct. Accordingly, we order Justice of the Peace Adams without pay for fifteen days and ordered to reimburse Judiciary Commission the amount of $52.50 in costs.

of the Peace of Judicial be suspended and pay the

Retired Judge Moon Landrieu, assigned as Associate Justice Ad Hoc for Associate Justice Jeannette Theriot Knoll, recused. JOHNSON, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Johnson, J.

06/29/07 SUPREME COURT OF LOUISIANA No. 07-O-426 IN RE: JUSTICE OF THE PEACE ROGER ADAMS, SR. ON RECOMMENDATION FOR DISCIPLINE FROM THE JUDICIARY COMMISSION OF LOUISIANA

KIMBALL, J.* This matter comes before the court on the recommendation of the Judiciary Commission of Louisiana (the Judiciary Commission) that Justice of the Peace Roger Adams, Sr. of Ward 7, Parish of Avoyelles, State of Louisiana, be suspended without pay for five days, fully deferred, subject to a one-year period of probation, and be ordered to reimburse and pay the Judiciary Commission the amount of $52.50 in costs. After a thorough review of the record, we find Justice of the Peace Adams' conduct violated Canons 2A and 2B of the Code of Judicial Conduct. Accordingly, we order Justice of the Peace Adams be suspended without pay for fifteen days and ordered to reimburse and pay the Judiciary Commission the amount of $52.50 in costs. FACTS AND PROCEDURAL HISTORY Justice of the Peace Adams was first elected to the Justice of the Peace Court for the Parish of Avoyelles in 2003 and has served in this position continuously since then. On March 6, 2003, Justice of the Peace Adams issued warrants for the arrests of Mark Dupont and John Hebert and set their bond amounts at $50,000 each. He issued the warrants based on an affidavit submitted to him by James Fontenot, the

Retired Judge Moon Landrieu, assigned as Associate Justice Ad Hoc for Associate Justice Jeannette Theriot Knoll, recused.
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Mayor of Simmesport, which alleged Mr. Dupont and Mr. Hebert had violated La. R.S. 14:326.1 Mr. Dupont and Mr. Hebert had attempted to enter a float in the Simmesport Mardi Gras parade. Their float had signs posted on it that were critical of Mayor

La. R.S. 14:326 provides: A. Any procession, march, parade or public demonstration of any kind or for whatever purpose is prohibited by any group, association or organization on any public sidewalk, street, highway, bridge, alley, road or other public passageway of any municipality or unincorporated town or village unless there first has been obtained a permit therefor, and in all cases the person or persons or the group, association or organization to whom the permit is issued shall be liable for all damage to property or persons which may arise out of or in connection with any such procession, march, parade or public demonstration for which a permit is issued. B. Application for the permit required herein shall be made to the mayor and governing authority of the municipality or to the governing authority of the parish in which the unincorporated town or village in which the procession, march, parade or public demonstration is located, as the case may be. Permits may be granted by the authority to which application is made, provided, however, that bond in the amount of ten thousand dollars has first been filed with the mayor and municipal governing authority or with parish governing authority, as the case may be, as security for the payment of any damage or injury which may occur as the result of or in connection with such procession, march, parade or public demonstration. C. The provisions of this Section shall apply to all groups, associations, or organizations regardless of race, creed, disability, as defined in La. R.S. 51:2232(11), color, or political beliefs of its members; however, nothing contained herein shall apply to a bona fide legitimate labor organization or professional firefighter or police association or to any lawful activity of a labor union permitted by law, nor shall these provisions apply to any procession or parade directly held or sponsored by the governing authority of any municipality or the governing authority of any parish, nor shall these provisions apply to any procession, march, or parade directly held or sponsored by a bona fide organization specifically for the celebration of Mardi Gras and/or directly related prelenten or carnival festivities, school parades or other functions, parish parades or other functions, state, parish, or municipal fairs or other such related activities. However, the provisions of this Section shall apply only to parishes with a population of more than four hundred fifty thousand. D. Whoever violates any provision of this Section shall be guilty of a misdemeanor and upon conviction shall, for each offense, be fined not more than one thousand dollars or be imprisoned for not more than six months, or both.
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Fontenot, stating: "Recall Boo" and "No More Boo." "Boo" is Mayor Fontenot's nickname. Justice of the Peace Adams' issuance of the warrant with the $50,000 bond resulted in Mr. Dupont's and Mr. Hebert's being arrested and jailed for over twenty-four hours. Mr. Dupont and Mr. Hebert were finally able to obtain their release after they appeared before Judge Mark Jeansonne who reduced the bond amounts to $2,500. Justice of the Peace Adams' actions resulted in a newspaper story published in The Town Talk on Sunday, March 16, 2003. The remarks by Justice of the Peace Adams in that article make it clear he set Mr. Dupont's and Mr. Hebert's bonds at $50,000 based on incidents other than allegations contained in the charging affidavits of Mayor Fontenot. The remarks indicate Justice of the Peace Adams set Mr. Dupont's and Mr. Hebert's bonds as high as he did to retaliate against them for being critical of Mayor Fontenot. The article stated, "Adams agrees with Fontenot. He set the bail bonds at $50,000 because the arrests were `not due to just one incident.'" It further stated, "The anti-Fontenot forces `have plastered signs all over town,' Adams said, `and made obscene remarks about the mayor.'" On September 11, 2003, Mr. Dupont filed a complaint against Justice of the Peace Adams with the Office of Special Counsel. The Office of Special Counsel wrote to Justice of the Peace Adams on September 18, 2003, and asked him to respond to the allegations contained in the complaint. On October 6, 2003, the Office of Special Counsel received a letter from Justice of the Peace Adams with an attached town ordinance relative to the rules for parades. The Judiciary Commission

authorized a full investigation on February 13, 2004, and Justice of the Peace Adams was notified of the investigation. On December 12, 2005, the Judiciary Commission filed Formal Charge 0264 concerning Justice of the Peace Adams, alleging he

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violated Canons 2A2 and 2B3 of the Code of Judicial Conduct. The Judiciary Commission further alleged that respondent engaged in willful misconduct relating to his official duty and engaged in persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute, all in violation of La. Const. art. V,

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