BATON ROUGE — The Louisiana Supreme Court on Tuesday ordered the temporary removal of Eboni Johnson Rose from the bench in the state's 19th Judicial District after a series of Investigative Unit reports about the judge's controversial rulings. 

Voting 5-2 in a case brought by the state Judiciary Commission, the court said the Baton Rouge judge "is immediately disqualified from exercising any judicial function" while disciplinary action is considered against her. The board said she poses a threat of "serious harm" if she continues to serve as a judge.

The court's ruling disclosed the investigation and ordered that it be wrapped up within six months, "unless good cause is shown." Rose is currently running for a seat on the 1st Circuit Court of Appeal; the election is three months away.

Rose had been involved in a number of questionable decisions, including convicting a former Broadmoor Elementary teacher moments after acquitting her in an aggravated assault case. She also convicted a Baton Rouge police officer of a crime that didn't exist. 

In a concurring opinion, a justice said that official transcripts of Rose's court proceedings substantiated the allegations against her to the point that there was probable cause to remove her.

The Supreme Court said there was "probable cause that respondent committed a violation of the Code of Judicial Conduct and poses a substantial threat of serious harm to the public and the administration of justice."

Justice Jay B. McCallum lamented that that there wasn't a way for the court to suspend Rose's salary and also make her pay for a substitute judge.

"The taxpayers of this state are forced to bear the double burden of paying (Rose's) salary during her suspension and the cost of a pro tempore judge to serve in her stead," McCallum wrote.

Pay can be suspended only after a final order — not while the investigation is pending.

"While (Rose's) conduct as a member of the judiciary certainly warrants a suspension of her pay, there is no lawful means by which to impose this condition. The people of this state should amend the constitution to allow us that option," he wrote.

Justice Jeff Hughes dissented, noting that East Baton Rouge Parish voters had elected her and suggesting that a period of probation might be in order provided that Rose had a mentor.

"The balance between an appropriate sanction for behavior that deserves a sanction and respect for the choice of the electorate is a difficult one," he wrote.

Justice Piper Griffin also said the interim removal went against the will of voters, and that Rose hadn't reached the point where removal was warranted.

"The actions of the judge in this matter are cause for concern and may ultimately lead to discipline. However, in my view, they are not so egregious as to warrant the most extreme measures at this point in the Judiciary Commission process," Griffin wrote.

In the Broadmoor teacher case, the Supreme Court intervened and ordered the defendant acquitted.